[Senate Report 111-244]
[From the U.S. Government Publishing Office]
Calendar No. 506
111th Congress Report
SENATE
2d Session 111-244
======================================================================
ROSA'S LAW
_______
August 3, 2010.--Ordered to be printed
_______
Mr. Harkin, from the Committee on Health, Education, Labor, and
Pensions, submitted the following
REPORT
[To accompany S. 2781]
The Committee on Health, Education, Labor, and Pensions, to
which was referred 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, having considered the same, reports
favorably thereon with an amendment in the nature of a
substitute and recommends that the bill (as amended) do pass.
CONTENTS
Page
I. Purpose and Summary of Legislation...............................1
II. Background and Need for Legislation..............................2
III. History of Legislation and Votes in the Committee................2
IV. Explanation of Bill and Committee Views..........................3
V. Cost Estimate....................................................5
VI. Regulatory Impact Statement......................................5
VII. Application of Law to the Legislative Branch.....................5
VIII.Section-by-Section Analysis......................................6
IX. Changes in Existing Law..........................................6
I. Purpose and Summary of Legislation
The purpose of ``Rosa's Law'' is to replace variations of
the term ``mental retardation'' in certain existing Federal
laws with variations of the term ``intellectual disability.''
Recognizing that the term ``mental retardation'' was previously
considered appropriate to describe individuals with significant
limitations in intellectual and cognitive functioning, the
committee believes that such terms are no longer suitable and
advocates a substitution of these terms with ``intellectual
disability'' or ``an individual with an intellectual
disability'' in all existing Federal laws under this
committee's purview including: the Higher Education Act of
1965; the Individuals with Disabilities Education Act; the
Elementary and Secondary Education Act; the Rehabilitation Act
of 1973; the Health Research and Health Services Amendments of
1976; the Public Health Service Act; the Health Professions
Education and Partnerships Act of 1998; Public Law 110-154; the
National Sickle Cell Anemia, Colley's Anemia, Tay-Sachs, and
Genetics Diseases Act; and the Genetic Information
Nondiscrimination Act of 2008. The term ``intellectual
disability'' is consistent with language used by the American
Psychiatric Association, the Federal Department of Health and
Human Services, the Office of the President of the United
States, and the health arm of the United Nations.
S. 2781 is the product of an extensive bipartisan effort
and input from stakeholders.
II. Background and Need for Legislation
S. 2781--Rosa's Law--was introduced on November 17, 2009.
This legislation would 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.
This bill follows similar past congressional action to update
and modify, in Federal statutes, the specific terms used to
refer to individuals, or broad categories of individuals, as
the earlier terminology became outdated, offensive, or
otherwise inappropriate.
III. History of Legislation and Votes in the Committee
The committee believes that the terms ``mentally
retarded,'' ``mental retardation,'' and variations of these
terms, to describe individuals with intellectual disabilities
are anachronistic, needlessly insensitive and stigmatizing, and
clinically outdated. Terms to describe individuals with
intellectual disabilities have gone through a steady evolution
over the past two centuries, each iteration describing those
living with the condition in a pejorative way. At the turn of
the 20th century, people who were viewed as having limitations
in intellectual advancement and social behavior were
institutionalized. The prevailing sentiment at the time being
that such people could not, should not, interact with people
without disabilities.
``Imbecile,'' ``moron,'' ``idiot,'' and ``feeble-minded''
are all terms which have been used to reference people with
cognitive disabilities by the public and in our Federal
statutes. Each of these terms focused on perceived deficiencies
to describe such individuals. The most recent term--``mental
retardation''--was used to characterize those with cognitive
disabilities as having general diminished capacities for
cognitive functioning. Physicians, advocates, and law makers
now understand that this term does not accurately describe
these individuals. Within the past 30 years, the terms ``mental
retardation'' and ``mentally retarded,'' or derivatives of
those terms, have also developed into colloquial slurs and
pejorative phrases used to demean and insult both persons with
and without disabilities.
Congress has recognized that these negative attributions
towards people with disabilities should not be tolerated.
Through the passage and subsequent enactment of such pieces of
legislation as the Americans with Disabilities Act and the
Individuals with Disabilities Education Act, Congress
demonstrated that people with disabilities should be afforded
equal opportunity, full participation, independent living, and
economic self sufficiency, to the greatest extent possible, and
the appropriate services and supports as necessary. While our
efforts reflect a commitment to these goals for the more than 6
million people diagnosed with intellectual disabilities in this
country, it is also essential that we ensure these individuals
are provided the respect they deserve as part of our American
family. Thus it is important to revise our terminology in
Federal statutes, as appropriate, to further and support the
equality of all individuals, without regard to disability.
The committee voted unanimously by voice vote to report the
amendment in the form of a substitute for favorable
consideration before the full Senate.
IV. Explanation of Bill and Committee Views
The bill would specify that the term ``intellectual
disability'' would carry the same meaning as references to
``mental retardation'' in the laws that this bill would amend.
The same would apply for references to ``individuals with
intellectual disabilities.''
The bill would stipulate that before regulations concerning
the affected laws are amended to reflect the change in terms,
any reference to ``mental retardation'' would be considered a
reference to ``intellectual disability.'' It also would require
Federal agencies, when the regulations are amended, to state in
their regulations that ``intellectual disability'' was
previously referred to as ``mental retardation'' and that
``individuals with intellectual disabilities'' were previously
termed ``mentally retarded.''
In one instance, however, the term ``mental retardation''
would not be substituted. This would be done in order to avoid
redundancy in amending the Higher Education Act of 1965. During
the most recent reauthorization of the Higher Education Act in
2008, the committee added a new provision that would offer
certain benefits and services to ``students with an
intellectual disability.'' The term ``student with an
intellectual disability'' was purposefully defined in a broad
manner, to mean ``a student with mental retardation or a
cognitive impairment'' (with certain characteristics), who is
currently or formerly eligible for a free appropriate education
under the Individuals with Disabilities Education Act (IDEA).
The intent for specifying a student with a ``cognitive
impairment'' was to include students in the Higher Education
Act definition who may not be diagnosed or identified under
IDEA as having ``mental retardation'' (now changed by Rosa's
Law to intellectual disability) but who have limitations in
intellectual and cognitive functioning and adaptive behavior as
expressed in conceptual, social, and practical adaptive skills.
For example, it is possible that a student evaluated and found
eligible for IDEA services under the ``multiple disability,''
``autism,'' or another category, could be included in the
definition of ``intellectual disability'' in the Higher
Education Act in 2008 as a student with a ``cognitive
impairment,'' and still benefit from the new provisions. In
this bill, the committee decided to remove the term ``mental
retardation'' from the definition of a ``student with an
intellectual disability'' as the definition would continue to
provide the same benefits to students previously termed as
having ``mental retardation,'' even without their explicit
mention. Also, the term ``student with an intellectual
disability'' is unique to the Higher Education Act of 1965, and
it is not the committee's intent to extend that particular
definition of a ``student with an intellectual disability'' to
any other Federal laws, nor to interpret the amendments in this
bill as an effort to codify, or otherwise define the term
``intellectual disability.''
It is also not the committee's intent to modify current
regulations implementing the Higher Education Opportunity Act
regarding the method of determining that a student meets the
definition of a ``student with an intellectual disability.''
Those regulations specify that the institution shall obtain a
record from a local educational agency (LEA) to determine if
the student is or was eligible for special education and
related services under IDEA. If the record from the LEA
indicates that the student has an ``intellectual disability''
(formerly ``mental retardation'') and that the student is or
was eligible for IDEA services, then the student meets the
definition of a ``student with an intellectual disability''
under the Higher Education Act. However, if the record
indicates that the student is or was eligible for IDEA services
but has a disability other than an ``intellectual disability,''
then additional specified documentation must be provided by the
student in order to meet the definition in the Higher Education
Act.
The committee understands that there may be some concern in
defining ``a student with an intellectual disability'' in
Federal law without including all the terms and conditions
associated with ``mental retardation.'' The commonly accepted
definition of ``intellectual disability'' in the professional
field is provided by the American Association on Intellectual
and Developmental Disabilities and currently includes,
``Intellectual disability is a disability characterized by
significant limitations both in intellectual functioning and in
adaptive behavior, which covers many everyday social and
practical skills. This disability originates before the age of
18.'' The AAIDD definition has evolved over the years and was
formerly referred to as ``mental retardation.'' However, the
committee recognizes that there is no existing Federal
definition for ``mental retardation'' and finds it unnecessary
to codify into law a term whose definition may change as a
result of future information regarding the condition among
practicing physicians and medical researchers.
This bill also would specify that the measure is not
intended to change coverage, eligibility, rights,
responsibilities or definitions in existing laws or to require
States to make similar changes in State laws. While the
committee would encourage States to change the terminology used
in their respective statutes so that ``mentally retarded'' and
variants of this term are no longer used, the committee
respects a State's prerogative to use terminology as they see
fit. Indeed, it is because States currently have this right
that changes to terminology governing people with intellectual
disabilities have already been made at the State level in
Maryland, Wyoming, Tennessee, and others. Without the
considerable efforts made by State legislators on behalf of
their constituents and the subsequent call for Federal action,
the committee may not have considered a change in terminology
for quite some time. The committee also recognizes that some
States have chosen to use the phrase ``cognitive disability''
or other phrases rather than ``intellectual disability'' as
they remove ``mental retardation'' and similar phrases from
State law. The Rule of Construction, therefore, is meant to
clarify the committee's position that nothing in this act shall
compel States to modify their State statutes or regulations to
reflect the change effected by Rosa's Law.
V. Cost Estimate
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 23, 2010.
Hon. Tom Harkin,
Chairman, Committee on Health, Education, Labor, and Pensions,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2781, Rosa's Law.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Justin
Humphrey.
Sincerely,
Robert A. Sunshine
(For Douglas W. Elmendorf, Director).
Enclosure.
S. 2781--Rosa's Law
S. 2781 would amend several Federal laws and regulations
relating to education and health care to change references to
mental retardation to references to intellectual disability.
CBO estimates that implementing the bill would cost less than
$500,000, subject to the availability of appropriated funds.
The bill would have no impact on direct spending or revenues;
therefore, pay-as-you-go procedures would not apply.
S. 2781 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of State, local, or tribal
government.
The CBO staff contact for this estimate is Justin Humphrey.
This estimate was approved by Peter H. Fontaine, Assistant
Director for Budget Analysis.
VI. Regulatory Impact Statement
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the committee has
determined that the bill would not have a significant
regulatory impact.
VII. Application of Law to the Legislative Branch
The committee has determined there would be no impact of
this law on the legislative branch.
VIII. Section-by-Section Analysis
Section 1. Short title
Section 1 specifies the short title of the legislation as
``Rosa's Law.''
Section 2. Individuals with intellectual disabilities
Section 2 makes amendments to The Individuals with
Disabilities Education Act, the Elementary and Secondary
Education Act of 1965, the Rehabilitation Act of 1973, the
Health Research and Health Services Amendments of 1976, the
Public Health Service Act, the Health Professions Education
Partnership Act of 1998, and the National Sickle Cell Anemia,
Colley's Anemia, Tay-Sachs and Genetic Diseases Act, and the
Genetic Information Nondiscrimination Act of 2008.
Section 2 further clarifies that for each of the above
amended provisions, references to an ``intellectual
disability'' shall have the same meaning as ``mental
retardation'' and that ``an individual with an intellectual
disability'' shall have the same meaning as the term ``mentally
retarded.''
Section 3. Regulations
Section 3 makes clear that before regulations are changed
to carry out this act, references to ``mental retardation''
shall carry the same meaning as a reference to an
``intellectual disability'' and that references to the
``mentally retarded'' shall carry the same meaning as a
reference to an ``individual with an intellectual disability.''
Section 3 further stipulates that when regulations are changed
to carry out this act that Federal agencies shall state in
regulations that an intellectual disability was formerly termed
``mental retardation'' and that an individual with an
intellectual disability was formerly termed ``mentally
retarded.''
Section 4. Rule of construction
Section 4 ensures that the changes made in this bill shall
not alter the eligibility, rights, coverage, or
responsibilities of people covered under the amended provisions
of this bill nor does it alter any definitions. Section 4
further stipulates that this act does not compel States to make
any conforming changes to terminology in State laws.
IX. Changes in Existing Law
In compliance with rule XXVI paragraph 12 of the Standing
Rules of the Senate, the following provides a print of the
statute or the part or section thereof to be amended (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is made is shown in roman):
HIGHER EDUCATION ACT OF 1965
* * * * * * *
SEC. 760. DEFINITIONS.
In this part:
(1) Comprehensive transition and postsecondary
program for students with intellectual disabilities.--
* * *
* * * * * * *
(2) Student with an intellectual disability.--The
term ``student with an intellectual disability'' means
a student--
(A) with [mental retardation or] a cognitive
impairment, characteristic by significant
limitation in--
(i) * * *
* * * * * * *
PART VI--EDUCATION OF INDIVIDUALS WITH DISABILITIES
INDIVIDUALS WITH DISABILITIES EDUCATION ACT
PART A--GENERAL PROVISIONS
SEC. 601. SHORT TITLE; TABLE OF CONTENTS; FINDINGS; PURPOSES.
(a) Short Title.-- * * *
* * * * * * *
(c) Findings.--Congress finds the following:
(1) * * *
* * * * * * *
(12)(A) * * *
* * * * * * *
(C) African-American children are identified as
[having mental retardation] having intellectual
disabilities and emotional disturbance at rates greater
than their White counterparts.
* * * * * * *
SEC. 602. DEFINITIONS.
Except as otherwise provided, in this title:
(1) Assistive technology device.--
(A) In general.-- * * *
* * * * * * *
(3) Child with a disability.--
(A) In general.--The term ``child with a
disability'' means a child--
(i) [with mental retardation] with
intellectual disabilities, hearing
impairments (including deafness),
speech or language impairments, visual
impairments (including blindness),
serious emotional disturbance (referred
to in this title as ``emotional
disturbance''), orthopedic impairments,
autism, traumatic brain injury, other
health impairments, or specific
learning disabilities; and
* * * * * * *
(30) Specific learning disability.--
(A) In general. * * *
* * * * * * *
(C) Disorders not included.--Such term does
not include a learning problem that is
primarily the result of visual, hearing, or
motor disabilities, [of mental retardation] of
intellectual disabilities, of emotional
disturbance, or of environmental, cultural, or
economic disadvantage.
* * * * * * *
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
PART B--NATIVE HAWAIIAN EDUCATION
SEC. 7201. * * *
SEC. 7202. FINDINGS.
Congress finds the following:
(1) * * *
* * * * * * *
(16) * * *
(A) * * *
* * * * * * *
(E) Native Hawaiian students continue to be
over-represented among students qualifying for
special education programs provided to students
with learning disabilities, [mild mental
retardation,] mild intellectual disabilities,
emotional impairment, and other such
disabilities;
* * * * * * *
REHABILITATION ACT OF 1973
SEC. 7. DEFINITIONS.
For the purposes of this Act:
(1) Administrative costs.-- * * *
* * * * * * *
(21) Individual with a significant disability.--
(A) In general.--Except as provided in
subparagraph (B) or (C), the term ``individual
with a significant disability'' means an
individual with a disability--
(i) * * *
* * * * * * *
(iii) who has one or more physical or
mental disabilities resulting from
amputation, arthritis, autism,
blindness, burn injury, cancer,
cerebral palsy, cystic fibrosis,
deafness, head injury, heart disease,
hemiplegia, hemophilia, respiratory or
pulmonary dysfunction, [mental
retardation] intellectual disability,
mental illness, multiple sclerosis,
muscular dystrophy, musculo-skeletal
disorders, neurological disorders
(including stroke and epilepsy),
paraplegia, quadriplegia, and other
spinal cord conditions, sickle cell
anemia, specific learning disability,
end-stage renal disease, or another
disability or combination of
disabilities determined on the basis of
an assessment for determining
eligibility and vocational
rehabilitation needs described in
subparagraphs (A) and (B) of paragraph
(2) to cause comparable substantial
functional limitation.
* * * * * * *
Sec. 204. (a)(1) * * *
* * * * * * *
(b)(1) * * *
(2)(A) Research grants may be used for the establishment
and support of Rehabilitation Research and Training Centers,
for the purpose of providing an integrated program of research,
which Centers shall-- * * *
* * * * * * *
(C) The research to be carried out at each such Center may
include--
(i) basic or applied medical rehabilitation research;
* * * * * * *
(vi) continuation of research that will improve
services and policies that foster the productivity,
independence, and social integration of individuals
with disabilities, and enable individuals with
disabilities, including individuals with [mental
retardation and other developmental disabilities]
intellectual disabilities and other developmental
disabilities, to live in their communities.
* * * * * * *
Sec. 501. (a) There is established within the Federal
Government an Interagency Committee on Employees who are
Individuals with Disabilities (hereinafter in this section
referred to as the ``Committee''), comprised of such members as
the President may select, including the following (or their
designees whose positions are Executive Level IV or higher):
the Chairman of the Equal Employment Opportunity Commission,
(hereafter in this section referred to as the ``Commission''),
the Director of the Office of Personnel Management, the
Secretary of Veterans Affairs, the Secretary of Labor, the
Secretary of Education, and the Secretary of Health and Human
Services. Either the Director of the Office of Personnel
Management and the Chairman of the Commission shall serve as
co-chairpersons of the Committee or the Director or Chairman
shall serve as the sole chairperson of the Committee, as the
Director and Chairman jointly determine, from time to time, to
be appropriate. The resources of the [President's Committees on
Employment of People With Disabilities and on Mental
Retardation] President's Disability Employment Partnership
Board and the President's Committee for People with
Intellectual Disabilities shall be made fully available to the
Committee. It shall be the purpose and function of the
Committee (1) to provide a focus for Federal and other
employment of individuals with disabilities, and to review, on
a periodic basis, in cooperation with the Commission, the
adequacy of hiring, placement, and advancement practices with
respect to individuals with disabilities, by each department,
agency, and instrumentality in the executive branch of
Government and the Smithsonian Institution, and to insure that
the special needs of such individuals are being met; and (2) to
consult with the Commission to assist the Commission to carry
out its responsibilities under subsections (b), (c), and (d) of
this section. On the basis of such review and consultation, the
Committee shall periodically make to the Commission such
recommendations for legislative and administrative changes as
it deems necessary or desirable. The Commission shall timely
transmit to the appropriate committees of Congress any such
recommendations.
* * * * * * *
HEALTH RESEARCH AND HEALTH SERVICES AMENDMENTS OF 1976
* * * * * * *
Sec. 1001. All appointments to advisory committees
established to assist in implementing the Public Health Service
Act, [the Mental Retardation Facilities and Community Mental
Health Centers Construction Act of 1963,] and the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment, and
Rehabilitation Act of 1970, shall be made without regard to
political affiliation.
* * * * * * *
PUBLIC HEALTH SERVICE ACT
Sec. 317C. (a) In General.--
(1) National center.-- * * *
* * * * * * *
(4) Certain programs.--
(A) * * *
(B) Relevant programs.--The programs and
functions described in this subparagraph are
all programs and functions that--
(i) relate to birth defects; folic
acid; cerebral palsy; [mental
retardation;] intellectual
disabilities; child development;
newborn screening; autism; fragile X
syndrome; fetal alcohol syndrome;
pediatric genetic disorders; disability
prevention; or other relevant diseases,
disorders, or conditions as determined
by the Secretary; and
* * * * * * *
Sec. 448. The general purpose of the National Institute of
Child Health and Human Development (hereafter in this subpart
referred to as the ``Institute'') is the conduct and support of
research, training, health information dissemination, and other
programs with respect to gynecologic health, maternal health,
child health, [mental retardation,] intellectual disabilities,
human growth and development, including prenatal development,
population research, and special health problems and
requirements of mothers and children.
* * * * * * *
[MENTAL RETARDATION RESEARCH]
[Sec. 450. The Director of the Institute shall conduct and
support research and related activities into the causes,
prevention, and treatment of mental retardation.]
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.
* * * * * * *
Sec. 641. (a) In administering this title, the Surgeon
General shall consult with a Federal Hospital Council
consisting of the Surgeon General, who shall serve as Chairman
ex officio, and twelve members appointed by the Secretary of
Health, Education, and Welfare. Six of the twelve appointed
members shall be persons who are outstanding in fields
pertaining to medical facility and health activities, and three
of these six shall be authorities in matters relating to
operation of hospitals or other medical facilities, one of them
shall be an authority in [matters relating to the mentally
retarded] matters relating to individuals with intellectual
disabilities, and one of them shall be an authority in matters
relating to mental health, and the other six members shall be
appointed to represent the consumers of services provided by
such facilities and shall be persons familiar with the need for
such services in urban or rural areas.
* * * * * * *
SEC. 753. EDUCATION AND TRAINING RELATING TO GERIATRICS.
(a) Geriatric Education Centers.--
(1) In general.-- * * *
* * * * * * *
(b) Geriatric Training Regarding Physicians and Dentists.--
(1) In general.-- * * *
(2) Requirements.-- * * *
(A) * * *
* * * * * * *
(E) provide training in geriatrics and
exposure to the physical and mental
disabilities of elderly individuals through a
variety of service rotations, such as geriatric
consultation services, acute care services,
dental services, geriatric behavioral or mental
health units, day and home care programs,
rehabilitation services, extended care
facilities, geriatric ambulatory care and
comprehensive evaluation units, and community
care programs for [elderly mentally retarded
individuals] elderly individuals with
intellectual disabilities; and
* * * * * * *
SEC. 1252. STATE GRANTS FOR DEMONSTRATION PROJECTS REGARDING TRAUMATIC
BRAIN INJURY.
(a) In General.-- * * *
* * * * * * *
(f) Use of State Grants.--
(1) * * *
* * * * * * *
(3) State capacity building.--A State may use amounts
received under a grant under this section to--
(A) * * *
* * * * * * *
(E) tailor existing State systems to provide
accommodations to the needs of individuals with
brain injury (including systems administered by
the State departments responsible for health,
mental health, labor/employment, education,
[mental retardation/developmental disorders,]
intellectual disabilities or developmental
disorders, transportation, and correctional
systems);
* * * * * * *
U.S. CODE 42
Sec. 280f. Establishment of Fetal Alcohol Syndrome Prevention and
Services Program
* * * * * * *
HISTORICAL AND STATUTORY NOTES
* * * * * * *
Congressional Findings and Purpose
* * * * * * *
``(a) Findings.--Congress finds that--
``(1) Fetal Alcohol Syndrome is the leading
preventable cause of [mental retardation] intellectual
disabilities, and it is 100 percent preventable;
* * * * * * *
Public Law 110-154
* * * * * * *
SECTION 1. EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH
AND HUMAN DEVELOPMENT.
(a) Findings.--
(1) * * *
* * * * * * *
(2) * * *
(A) * * *
(B) develop the Haemophilus Influenza B (Hib)
vaccine, credited with nearly eliminating the
incidence of [mental retardation] intellectual
disabilities; and
* * * * * * *
U.S. CODE 42
Sec. 300b-1. Reserach project grants and contracts
* * * * * * *
HISTORICAL AND STATUTORY NOTES
* * * * * * *
Congressional Declaration of Purpose
Section 402 of Pub. L. 94-278, as amended by Pub. L. 95-
626, Title II, Sec. 205(a), Nov. 10, 1978, 92 Stat. 3583,
provided that: ``In order to preserve and protect the health
and welfare of all citizens, it is the purpose of this title
[see section 401 of Pub. L. 94-278, set out as a Short Title of
1976 Amendment note under section 201 of this title] to
establish a national program to provide for basic and applied
research, research training, testing, counseling, and
information and education programs with respect to genetic
diseases, and genetic conditions, such as Sickle Cell anemia,
Cooley's anemia, Tay-Sachs disease, cystic fibrosis,
dysautonomia, hemophilia, retinitis pigmentosa, Huntington's
chorea, muscular dystrophy, and genetic conditions [leading to
mental retardation] leading to intellectual disabilities or
genetically caused mental disorders.''
* * * * * * *
U.S. CODE 42
Sec. 2000ff. Definitions
* * * * * * *
HISTORICAL AND STATUTORY NOTES
* * * * * * *
Findings
* * * * * * *
``(1) * * *
``(2) The early science of genetics became the basis
of State laws that provided for the sterilization of
persons having presumed genetic `defects' such as
[mental retardation,] intellectual disabilities, mental
disease, epilepsy, blindness, and hearing loss, among
other conditions. The first sterilization law was
enacted in the State of Indiana in 1907. By 1981, a
majority of States adopted sterilization laws to
`correct' apparent genetic traits or tendencies. Many
of these State laws have since been repealed, and many
have been modified to include essential constitutional
requirements of due process and equal protection.
However, the current explosion in the science of
genetics, and the history of sterilization laws by the
States based on early genetic science, compels
Congressional action in this area.
* * * * * * *