[Congressional Record Volume 156, Number 118 (Thursday, August 5, 2010)]
[Senate]
[Pages S6976-S6977]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ROSA'S LAW
Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to the consideration of Calendar No. 506.
The PRESIDING OFFICER. The clerk will state the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 2781) to change references in Federal law to
mental retardation to references to an intellectual
disability, and to change references to a mentally retarded
individual to references to an individual with an
intellectual disability.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committees on Health, Education,
Labor, and Pensions, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following:
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.
Mr. ENZI. Mr. President, I am pleased to be here today to speak about
the passage of a bill that is a top priority for the disability
community--Rosa's Law. As always, I have greatly appreciated the
opportunity to work with Senator Mikulski on this bill. I would like to
thank her for her leadership and her commitment to this issue.
The bill is simple in nature but profound in what it will do when it
is enacted. Rosa's Law will change the phrase ``mentally retarded'' to
``an individual with an intellectual disability'' in all of the laws
that fall
[[Page S6977]]
under the jurisdiction of the Committee on Health, Education, Labor,
and Pensions, HELP, without negatively impinging or expanding upon the
rights, services, benefits, or educational opportunities that people
with this diagnosis are entitled to. It will make a greatly needed
change that should have been made well before today.
Some people will ask why this bill is so important and why it is
needed. They will wonder if Congress has more important work to do than
to change a few words in our laws for the sake of being politically
correct. In response, I would share what Rosa's brother Nick said to
the Maryland General Assembly. ``What you call people is how you treat
them. What you call my sister is how you will treat her. If you believe
she's `retarded' it invites taunting, stigma. It invites bullying and
it also invites the slammed doors of being treated with respect and
dignity.''
For far too long we have used hurtful words like ``mental
retardation'' or ``MR'' in our Federal statutes to refer to those who
are living with intellectual disabilities. While the way people feel is
important, the way people are treated is equally important. When words
such as ``MR'' are used to describe a person, it dehumanizes them, and
as Nick said, it leads to a situation in which some people are not
treated with the dignity and respect they deserve.
This is not the first time Congress has taken similar action. Our
laws once referred to people with intellectual disabilities with terms
like ``feeble minded'' and other language that I cannot bear to say.
Back then we thought that was the appropriate language to use until we
switched to using the term ``MR.'' Forty years later, we are taking
another big step and replacing ``MR'' with ``intellectual disability.''
This change is already taking place across the country with
organizations like the American Association on Intellectual and
Developmental Disabilities which dropped the term ``MR'' from its name.
Likewise, The Arc of the United States has stopped using this archaic
terminology and dropped the term from their agency name. The American
Psychiatric Association, which publishes the Diagnostic and Statistical
Manual of Mental Disorders, has already voted to use the term
``Intellectual Disability'' in the next publication of their manual.
Internationally, the World Health Organization uses the term
``intellectual disability.''
This bill will start the process of change in the Federal Government
and make such terminology consistent. The President's Committee on
Mental Retardation was changed by executive order so it is now the
Committee on Individuals with Intellectual Disabilities. The Centers
for Disease Control and Prevention also uses the term ``intellectual
disability.'' After the House passes this bill it will become law and
begin a chain of events that I hope will lead to the Finance
Committee's action on this matter so we can see similar changes in
Medicaid and Social Security programs.
In 1963, the Reverend Dr. Martin Luther King, Jr. said, ``I have a
dream that my four children will one day live in a nation where they
will not be judged by the color of their skin but by the content of
their character.'' That same concept rings true for people with
intellectual disabilities--that they will also be judged by who they
are and not by a label that has been forced upon them. That's the
beauty and simplicity of this bill--and why it is so important.
Finally, there are a number of people I would like to thank for their
assistance with passing this bill out of the Senate. First, on my staff
I would like to thank Frank Macchiarola, HELP Committee staff director,
Greg Dean, HELP Committee general counsel, Beth Buehlmann, education
office staff director, and Aaron Bishop, professional staff member on
disability policy for their determination and hard work on this bill. I
always say that I have the best staff in Congress and I couldn't have
done it without them. I would also like to thank Mario Cardona with
Senator Mikulski's office and Lee Perselay and Michael Gamel-McCormick,
with Senator Harkin's office, for their leadership and effort to get
this bill through the Senate, and for working with us in a true
bipartisan fashion. I would also like to thank Pattie DeLoatche and
Karen LaMontagne from Senator Hatch's office, Karen McCarthy from
Senator Murkowski's office, and David Cleary from Senator Alexander's
office for their assistance with putting this bill together, Liz King
with Legislative Counsel for drafting the bill, and Cassandra Foley
from the Congressional Research Service for her work.
Next, the bill would not have been a success without the work of so
many families and groups. We all need to thank Rosa Marcellino, her
brother Nick and the entire Marcellino family for their strength,
determination, and willingness to lead, teach and for not being afraid
to voice their opinion and say that this just hasn't been right.
While this bill may not change the whole world, it will make the
world a little better, more hospitable place for us and for the entire
disability community.
Mr. REID. Mr. President, I ask unanimous consent that the committee-
reported substitute amendment be agreed to, the bill, as amended, be
read the third time and passed, the motion to reconsider be laid upon
the table, with no intervening action or debate, and that any
statements related to the matter be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment in the nature of a substitute was agreed to.
The bill (S. 2781), as amended, was ordered to be engrossed for a
third reading, but read the third time, and passed.
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