[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2781 Reported in Senate (RS)]
Calendar No. 506
111th CONGRESS
2d Session
S. 2781
[Report No. 111-244]
To change references in Federal law to mental retardation to references
to an intellectual disability, and change references to a mentally
retarded individual to references to an individual with an intellectual
disability.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 17, 2009
Ms. Mikulski (for herself, Mr. Enzi, Mr. Harkin, Mr. Brown of Ohio, Mr.
Cardin, Mr. Alexander, Mr. Barrasso, Mr. Burr, Mr. Gregg, Mr. Thune,
Mr. Dodd, Ms. Landrieu, Mr. Johanns, Mrs. Murray, Mrs. Shaheen, Mr.
Begich, Ms. Snowe, Mrs. Gillibrand, Ms. Klobuchar, Ms. Stabenow, Mrs.
Hagan, Mr. Lautenberg, Mr. Kirk, Mr. Merkley, Mrs. Feinstein, Mrs.
Hutchison, Ms. Collins, Mr. Kerry, Mr. Menendez, Mr. Bayh, Mr. Casey,
Mrs. Boxer, Ms. Murkowski, Mr. Levin, Mr. Franken, Mr. Akaka, Mr.
Johnson, Mr. Dorgan, Mr. Warner, Mr. Burris, Mr. Reed, Mr. Sanders, Mr.
Bennet, Mr. Bingaman, and Mr. Lugar) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
August 3, 2010
Reported by Mr. Harkin, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To change references in Federal law to mental retardation to references
to an intellectual disability, and change references to a mentally
retarded individual to references to an individual with an intellectual
disability.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as ``Rosa's Law''.</DELETED>
<DELETED>SEC. 2. INDIVIDUALS WITH INTELLECTUAL DISABILITIES.</DELETED>
<DELETED> (a) Higher Education Act of 1965.--Section 760(2)(A) of
the Higher Education Act of 1965 (20 U.S.C. 1140(2)(A)) is amended by
striking ``with mental retardation or''.</DELETED>
<DELETED> (b) Individuals With Disabilities Education Act.--
</DELETED>
<DELETED> (1) Section 601(c)(12)(C) of the Individuals with
Disabilities Education Act (20 U.S.C. 1400(c)(12)(C)) is
amended by striking ``having mental retardation'' and inserting
``having intellectual disabilities''.</DELETED>
<DELETED> (2) Section 602 of such Act (20 U.S.C. 1401) is
amended--</DELETED>
<DELETED> (A) in paragraph (3)(A)(i), by striking
``with mental retardation'' and inserting ``with
intellectual disabilities''; and</DELETED>
<DELETED> (B) in paragraph (30)(C), by striking ``of
mental retardation'' and inserting ``of intellectual
disabilities''.</DELETED>
<DELETED> (c) Elementary and Secondary Education Act of 1965.--
Section 7202(16)(E) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7512(16)(E)) is amended by striking ``mild mental
retardation,'' and inserting ``mild intellectual
disabilities,''.</DELETED>
<DELETED> (d) Rehabilitation Act of 1973.--</DELETED>
<DELETED> (1) Section 7(21)(A)(iii) of the Rehabilitation
Act of 1973 (29 U.S.C. 705(21)(A)(iii)) is amended by striking
``mental retardation,'' and inserting ``intellectual
disability,''.</DELETED>
<DELETED> (2) Section 204(b)(2)(C)(vi) of such Act (29
U.S.C. 764(b)(2)(C)(vi)) is amended by striking ``mental
retardation and other developmental disabilities'' and
inserting ``intellectual disabilities and other developmental
disabilities''.</DELETED>
<DELETED> (3) Section 501(a) of such Act (29 U.S.C. 791(a))
is amended, in the third sentence, by striking ``President's
Committees on Employment of People With Disabilities and on
Mental Retardation'' and inserting ``President's Committee on
Employment of People with Disabilities and the President's
Committee for People with Intellectual
Disabilities''.</DELETED>
<DELETED> (e) Health Research and Health Services Amendments of
1976.--Section 1001 of the Health Research and Health Services
Amendments of 1976 (42 U.S.C. 217a-1) is amended by striking ``the
Mental Retardation Facilities and Community Mental Health Centers
Construction Act of 1963,''.</DELETED>
<DELETED> (f) Public Health Service Act.--</DELETED>
<DELETED> (1) Section 317C(a)(4)(B)(i) of the Public Health
Service Act (42 U.S.C. 247b-4(a)(4)(B)(i)) is amended by
striking ``mental retardation;'' and inserting ``intellectual
disabilities;''.</DELETED>
<DELETED> (2) Section 448 of such Act (42 U.S.C. 285g) is
amended by striking ``mental retardation,'' and inserting
``intellectual disabilities,''.</DELETED>
<DELETED> (3) Section 450 of such Act (42 U.S.C. 285g-2) is
amended to read as follows:</DELETED>
<DELETED>``SEC. 450. RESEARCH ON INTELLECTUAL DISABILITIES.</DELETED>
<DELETED> ``The Director of the Institute shall conduct and support
research and related activities into the causes, prevention, and
treatment of intellectual disabilities.''.</DELETED>
<DELETED> (4) Section 641(a) of such Act (42 U.S.C. 291k(a))
is amended by striking ``matters relating to the mentally
retarded'' and inserting ``matters relating to individuals with
intellectual disabilities''.</DELETED>
<DELETED> (5) Section 753(b)(2)(E) of such Act (42 U.S.C.
294c(b)(2)(E)) is amended by striking ``elderly mentally
retarded individuals'' and inserting ``elderly individuals with
intellectual disabilities''.</DELETED>
<DELETED> (6) Section 1252(f)(3)(E) of such Act (42 U.S.C.
300d-52(f)(3)(E)) is amended by striking ``mental retardation/
developmental disorders,'' and inserting ``intellectual
disabilities or developmental disorders,''.</DELETED>
<DELETED> (g) Health Professions Education Partnerships Act of
1998.--Section 419(b)(1) of the Health Professions Education
Partnerships Act of 1998 (42 U.S.C. 280f note) is amended by striking
``mental retardation'' and inserting ``intellectual
disabilities''.</DELETED>
<DELETED> (h) Public Law 110-154.--Section 1(a)(2)(B) of Public Law
110-154 (42 U.S.C. 285g note) is amended by striking ``mental
retardation'' and inserting ``intellectual disabilities''.</DELETED>
<DELETED> (i) National Sickle Cell Anemia, Cooley's Anemia, Tay-
Sachs, and Genetic Diseases Act.--Section 402 of the National Sickle
Cell Anemia, Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act (42
U.S.C. 300b-1 note) is amended by striking ``leading to mental
retardation'' and inserting ``leading to intellectual
disabilities''.</DELETED>
<DELETED> (j) Genetic Information Nondiscrimination Act of 2008.--
Section 2(2) of the Genetic Information Nondiscrimination Act of 2008
(42 U.S.C. 2000ff note) is amended by striking ``mental retardation,''
and inserting ``intellectual disabilities,''.</DELETED>
<DELETED> (k) Developmental Disabilities Assistance and Bill of
Rights Act of 2000.--</DELETED>
<DELETED> (1) Section 109(a)(4)(B)(i) of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15009(a)(4)(B)(i)) is amended by striking ``the mentally
retarded'' and inserting ``individuals with intellectual
disabilities''.</DELETED>
<DELETED> (2) Sections 124(c)(3)(C)(vii) and 143(a)(3)(A) of
such Act (42 U.S.C. 15024(c)(3)(C)(vii), 15043(a)(3)(A)) are
amended--</DELETED>
<DELETED> (A) by striking ``(a)(30)(C)'' each place
it appears and inserting ``(a)(31)''; and</DELETED>
<DELETED> (B) by striking ``Intermediate Care
Facility (Mental Retardation)'' and inserting
``intermediate care facility described in that
section''.</DELETED>
<DELETED> (l) References.--For purposes of each provision amended by
this section--</DELETED>
<DELETED> (1) a reference to an intellectual disability
shall be considered to refer to mental retardation, as defined
for that provision on the day before the date of enactment of
this Act; and</DELETED>
<DELETED> (2) a reference to individuals with intellectual
disabilities shall be considered to refer to the mentally
retarded, or individuals who are mentally retarded, as defined
for that provision on that day.</DELETED>
<DELETED>SEC. 3. REGULATIONS.</DELETED>
<DELETED> For purposes of regulations issued to carry out a
provision amended by this Act--</DELETED>
<DELETED> (1) before the regulations are amended to carry
out this Act--</DELETED>
<DELETED> (A) a reference in the regulations to
mental retardation shall be considered to be a
reference to an intellectual disability; and</DELETED>
<DELETED> (B) a reference in the regulations to the
mentally retarded, or individuals who are mentally
retarded, shall be considered to be a reference to
individuals with intellectual disabilities;
and</DELETED>
<DELETED> (2) in amending the regulations to carry out this
Act, a Federal agency shall ensure that the regulations clearly
state--</DELETED>
<DELETED> (A) that an intellectual disability was
formerly termed mental retardation; and</DELETED>
<DELETED> (B) that individuals with intellectual
disabilities were formerly termed individuals who are
mentally retarded.</DELETED>
<DELETED>SEC. 4. RULE OF CONSTRUCTION.</DELETED>
<DELETED> Nothing in this Act shall be construed to alter or
otherwise affect the eligibility for services or the rights or
responsibilities, under a provision amended by this Act, of individuals
covered by the provision on the day before the date of enactment of
this Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as ``Rosa's Law''.
SEC. 2. INDIVIDUALS WITH INTELLECTUAL DISABILITIES.
(a) Higher Education Act of 1965.--Section 760(2)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1140(2)(A)) is amended by striking
``mental retardation or''.
(b) Individuals With Disabilities Education Act.--
(1) Section 601(c)(12)(C) of the Individuals with
Disabilities Education Act (20 U.S.C. 1400(c)(12)(C)) is
amended by striking ``having mental retardation'' and inserting
``having intellectual disabilities''.
(2) Section 602 of such Act (20 U.S.C. 1401) is amended--
(A) in paragraph (3)(A)(i), by striking ``with
mental retardation'' and inserting ``with intellectual
disabilities''; and
(B) in paragraph (30)(C), by striking ``of mental
retardation'' and inserting ``of intellectual
disabilities''.
(c) Elementary and Secondary Education Act of 1965.--Section
7202(16)(E) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7512(16)(E)) is amended by striking ``mild mental retardation,''
and inserting ``mild intellectual disabilities,''.
(d) Rehabilitation Act of 1973.--
(1) Section 7(21)(A)(iii) of the Rehabilitation Act of 1973
(29 U.S.C. 705(21)(A)(iii)) is amended by striking ``mental
retardation,'' and inserting ``intellectual disability,''.
(2) Section 204(b)(2)(C)(vi) of such Act (29 U.S.C.
764(b)(2)(C)(vi)) is amended by striking ``mental retardation
and other developmental disabilities'' and inserting
``intellectual disabilities and other developmental
disabilities''.
(3) Section 501(a) of such Act (29 U.S.C. 791(a)) is
amended, in the third sentence, by striking ``President's
Committees on Employment of People With Disabilities and on
Mental Retardation'' and inserting ``President's Disability
Employment Partnership Board and the President's Committee for
People with Intellectual Disabilities''.
(e) Health Research and Health Services Amendments of 1976.--
Section 1001 of the Health Research and Health Services Amendments of
1976 (42 U.S.C. 217a-1) is amended by striking ``the Mental Retardation
Facilities and Community Mental Health Centers Construction Act of
1963,''.
(f) Public Health Service Act.--
(1) Section 317C(a)(4)(B)(i) of the Public Health Service
Act (42 U.S.C. 247b-4(a)(4)(B)(i)) is amended by striking
``mental retardation;'' and inserting ``intellectual
disabilities;''.
(2) Section 448 of such Act (42 U.S.C. 285g) is amended by
striking ``mental retardation,'' and inserting ``intellectual
disabilities,''.
(3) Section 450 of such Act (42 U.S.C. 285g-2) is amended
to read as follows:
``SEC. 450. RESEARCH ON INTELLECTUAL DISABILITIES.
``The Director of the Institute shall conduct and support research
and related activities into the causes, prevention, and treatment of
intellectual disabilities.''.
(4) Section 641(a) of such Act (42 U.S.C. 291k(a)) is
amended by striking ``matters relating to the mentally
retarded'' and inserting ``matters relating to individuals with
intellectual disabilities''.
(5) Section 753(b)(2)(E) of such Act (42 U.S.C.
294c(b)(2)(E)) is amended by striking ``elderly mentally
retarded individuals'' and inserting ``elderly individuals with
intellectual disabilities''.
(6) Section 1252(f)(3)(E) of such Act (42 U.S.C. 300d-
52(f)(3)(E)) is amended by striking ``mental retardation/
developmental disorders,'' and inserting ``intellectual
disabilities or developmental disorders,''.
(g) Health Professions Education Partnerships Act of 1998.--Section
419(b)(1) of the Health Professions Education Partnerships Act of 1998
(42 U.S.C. 280f note) is amended by striking ``mental retardation'' and
inserting ``intellectual disabilities''.
(h) Public Law 110-154.--Section 1(a)(2)(B) of Public Law 110-154
(42 U.S.C. 285g note) is amended by striking ``mental retardation'' and
inserting ``intellectual disabilities''.
(i) National Sickle Cell Anemia, Cooley's Anemia, Tay-Sachs, and
Genetic Diseases Act.--Section 402 of the National Sickle Cell Anemia,
Cooley's Anemia, Tay-Sachs, and Genetic Diseases Act (42 U.S.C. 300b-1
note) is amended by striking ``leading to mental retardation'' and
inserting ``leading to intellectual disabilities''.
(j) Genetic Information Nondiscrimination Act of 2008.--Section
2(2) of the Genetic Information Nondiscrimination Act of 2008 (42
U.S.C. 2000ff note) is amended by striking ``mental retardation,'' and
inserting ``intellectual disabilities,''.
(k) References.--For purposes of each provision amended by this
section--
(1) a reference to ``an intellectual disability'' shall
mean a condition previously referred to as ``mental
retardation'', or a variation of this term, and shall have the
same meaning with respect to programs, or qualifications for
programs, for individuals with such a condition; and
(2) a reference to individuals with intellectual
disabilities shall mean individuals who were previously
referred to as individuals who are ``individuals with mental
retardation'' or ``the mentally retarded'', or variations of
those terms.
SEC. 3. REGULATIONS.
For purposes of regulations issued to carry out a provision amended
by this Act--
(1) before the regulations are amended to carry out this
Act--
(A) a reference in the regulations to mental
retardation shall be considered to be a reference to an
intellectual disability; and
(B) a reference in the regulations to the mentally
retarded, or individuals who are mentally retarded,
shall be considered to be a reference to individuals
with intellectual disabilities; and
(2) in amending the regulations to carry out this Act, a
Federal agency shall ensure that the regulations clearly
state--
(A) that an intellectual disability was formerly
termed mental retardation; and
(B) that individuals with intellectual disabilities
were formerly termed individuals who are mentally
retarded.
SEC. 4. RULE OF CONSTRUCTION.
This Act shall be construed to make amendments to provisions of
Federal law to substitute the term ``an intellectual disability'' for
``mental retardation'', and ``individuals with intellectual
disabilities'' for ``the mentally retarded'' or ``individuals who are
mentally retarded'', without any intent to--
(1) change the coverage, eligibility, rights,
responsibilities, or definitions referred to in the amended
provisions; or
(2) compel States to change terminology in State laws for
individuals covered by a provision amended by this Act.
Calendar No. 506
111th CONGRESS
2d Session
S. 2781
[Report No. 111-244]
_______________________________________________________________________
A BILL
To change references in Federal law to mental retardation to references
to an intellectual disability, and change references to a mentally
retarded individual to references to an individual with an intellectual
disability.
_______________________________________________________________________
August 3, 2010
Reported with an amendment