[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.
____________________