[Congressional Record (Bound Edition), Volume 156 (2010), Part 11]
[Senate]
[Pages 15394-15395]
[From the U.S. 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

[[Page 15395]]

       (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 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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