[Congressional Record Volume 156, Number 128 (Wednesday, September 22, 2010)]
[House]
[Pages H6852-H6854]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               ROSA'S LAW

  Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the 
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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 2781

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     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.

[[Page H6853]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Pallone) and the gentleman from Kentucky (Mr. Whitfield) 
each will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. Mr. Speaker, I yield such time as he may consume to the 
gentleman from New York (Mr. McMahon), who is the sponsor of the 
legislation.
  Mr. McMAHON. Mr. Speaker, it is my great honor to champion the House 
companion of S. 2781, H.R. 4544, the Elizabeth A. Connelly Act, so I 
rise today in strong support of S. 2781. I thank Mr. Pallone for his 
leadership on the subcommittee. And Mr. Chairman, I thank you for your 
leadership in this body, and especially as chairman on the Bipartisan 
Disabilities Caucus, and the work that you do there.
  This bill will replace the term ``mental retardation'' with the term 
``intellectual disability'' throughout the United States Code. Now, in 
July of this year, just recently, New York Governor David Paterson 
signed similar legislation into law, joining 48 other States that have 
dropped the ``R'' word. Over 70 Democrats and Republicans have 
cosponsored my bill and agreed that the time has finally come to put an 
end to discrimination against individuals with intellectual 
disabilities.
  Every day, millions of children and adults have difficulty with tasks 
such as problem solving, decision-making, and communications because of 
intellectual disabilities. These Americans are often ridiculed, 
ignored, or even abused by their peers. Sometimes they are referred to 
publicly by insulting terms and treated as second class citizens. In 
particular, the term ``mental retardation'' has acquired a distinctly 
pejorative meaning, and is used intentionally and unintentionally to 
deride and humiliate many of our citizens.
  H.R. 4544 is aptly named for a great woman from my home State of New 
York, the Honorable Elizabeth A. Connelly. Mrs. Connelly was elected to 
the New York State Assembly in 1973 as the first woman from my district 
of Staten Island to be elected to public office. When she retired in 
2000, she became New York's longest serving female legislator.
  Throughout her career, she was a staunch advocate and champion for 
individuals with intellectual and other developmental disabilities. She 
was instrumental in securing funds for mental health programs and 
creating the New York State Commission on Quality of Care for the 
Mentally Disabled, led the charge to close the notorious Willowbrook 
State School, and led this Nation from warehousing individuals into 
providing group home settings.
  Assemblywoman Connelly was known throughout the community for working 
with parents, advocates, and government officials to make New York a 
leader in providing high quality services and programs for individuals 
with intellectual disabilities. She is known as the guardian angel of 
the mentally disabled. She was not only a pioneer of her time and one 
of New York's greatest disability advocates, but she was my mentor. I 
was privileged to work as Ms. Connelly's staff member and counsel for 
many years. It is her personal commitment and leadership that has 
inspired me to also become an advocate for these important issues. 
Sadly, we lost her all too prematurely a few years ago, but we honor 
her and her husband Robert and her family with this bill.

                              {time}  1740

  So, Mr. Speaker, I cast my vote and urge my colleagues to do so as 
well in honor of Assemblywoman Connelly. I know she would be very proud 
to see the United States carrying out her lifelong mission by passing 
S. 2781.
  I urge my colleagues to vote ``yes'' on S. 2781 and send this bill to 
the President's desk for signature.
  Mr. WHITFIELD. I yield myself such time as I may consume.
  Mr. Speaker, I also rise in support of S. 2781, Rosa's Law, and I 
certainly want to thank the majority and all of those involved in this 
important legislation for bringing it to the floor for final passage.
  This legislation is really very simple, but very important. It simply 
modifies specific terms used in Federal law and instead of referring to 
the people as mentally retarded individuals, it refers to them 
basically as individuals with developmental disabilities.
  It will affect the Social Security Act, the Public Health Service 
Act, and a lot of other Federal laws. I think it certainly is a step in 
the right direction, and I would urge passage of this legislation.
  Mr. Speaker, I rise in support of S. 2781, Rosa's Law, and I would 
like to thank the Majority for finally bringing this legislation to the 
floor of the House for final passage.
  Rosa's Law follows previous Congressional action to modify the 
specific terms used in Federal law to refer to individuals, or broad 
categories of individuals, when earlier terminology became outdated, 
offensive, or otherwise inappropriate.
  I would like to note that our former colleague, Nathan Deal of 
Georgia, actually offered an amendment during the Energy and Commerce 
Committee's consideration of the ObamaCare legislation back in July of 
last year that would have changed references in Federal law to mentally 
retarded individual to references to an individual with an 
developmental disability, but unfortunately, Congressman Deal's 
amendment was not accepted by the Majority, which prevented it from 
being included in the House-passed version of the health reform 
legislation.
  However, by bringing this legislation to the floor today, the 
Majority can atone for their past mistake, and finally correct this 
glaring problem.
  And speaking of health reform, I would also like to note that today 
is the 6-month anniversary of the Democrats' ObamaCare package being 
signed into law, and just as Republicans, independents, and a few brave 
Democrats predicted, insurance premiums are rising and people are 
losing their current health insurance coverage as a direct result of 
the flawed provisions in that legislation.
  Reports of problems in ObamaCare abound, but has this Congress held a 
hearing on its implementation? No. In fact, the Subcommittee on 
Health--on which I serve--has held 15 hearings since the passage of 
ObamaCare, but we have not dealt with the most radical change to 
America's health care system in generations.
  As all of us have noticed lately, people back home are experiencing 
the unhappy reality of the Federal Government's health care takeover. 
And as many news reports indicate, many people seem to prefer a 
Congressional Majority that wants to get the truth from the Obama 
Administration about what's gone wrong. I know the seniors in my 
district are completely clear about their desire to have us look into 
the Administration's plans to cut $575 billion from Medicare. They also 
want to know about statements by the Chief Actuary of Medicare that 
providers ``could find it difficult to remain profitable'' and might 
``end their participation in the program.''

  And any American concerned about the disastrous spending policies of 
this Administration and the current Majority would want oversight over 
recent revelations that after passage of ObamaCare, health care 
spending is projected to increase more than the Obama Administration 
had projected before passage of this deeply flawed legislation.
  During the run-up to passage, miracles were promised day in and day 
out. Seniors were told the law would strengthen Medicare, only to see 
reductions to the program spent on new entitlements. Everyone was told 
the cost curve would be bent down, only to see the Administration's own 
actuaries report it will continue to go up.
  Families were told that if they liked their current coverage they 
could keep it, only to learn that the law encourages employers to drop 
coverage, that health insurers will pass along increased costs through 
increased premiums, and that every plan will be subject to a host of 
costly new Federal rules and restrictions.
  Where is the oversight? Where are the hearings? As the election 
nears, I would like

[[Page H6854]]

to note that the American people seem to want a new kind of Congress, 
one that is willing to find its mistakes and to fix them.
  With that, I will urge my colleagues to support the bill before us 
today.
  Mr. LANGEVIN. Mr. Speaker, I rise in strong support of Rosa's Law, 
which will replace all references of ``mental retardation'' with the 
term ``intellectual disability'' throughout the U.S. Code.
  I would like to first thank my colleague from New York, 
Representative Mike McMahon, who has been a passionate champion of 
ending discrimination against individuals with intellectual 
disabilities and lifting the stigma associated with the outdated and 
outmoded classification of an entire population.
  At the turn of the last century, the prevailing sentiment in our 
society was that those with cognitive impairments or behavioral 
limitations should be institutionalized--excluded from mainstream 
society and locked away as wards of the state. In Federal statute, they 
were referred to as ``feeble-minded.'' Of course, we have come a long 
way since then.
  With passage of laws like the Americans with Disabilities Act, ADA, 
and the Individuals with Disabilities Education Act, IDEA, we have 
taken great strides to ensure that people with intellectual 
disabilities are afforded equal opportunities in schools and workplaces 
free from discrimination, as well as supports for independent living. 
We have broken down many of the exclusionary policies that relegated 
these individuals to being treated as second-class citizens.
  However, the U.S. Federal Code still contains antiquated references 
to ``mental retardation'' that no longer reflect our collective values. 
This terminology has acquired a distinctly pejorative meaning and 
perpetuates the stigma that people with intellectual disabilities are 
somehow inferior to others. That couldn't be farther from the truth.
  It is time we follow in the steps of entities like the World Health 
Organization and the U.S. Department of Health and Human Services. We 
must update the Federal Code to reflect our true intent and evolved 
beliefs that individuals with disabilities deserve the same respect and 
opportunities as any other human being. By fostering an environment of 
inclusion and empowerment, we can provide the means for every 
individual to fulfill his or her potential.
  Mr. WHITFIELD. I yield back the balance of my time.
  Mr. PALLONE. Mr. Speaker, I urge passage of the bill, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Pallone) that the House suspend the 
rules and pass the bill, S. 2781.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________