S. 2781 (111th): Rosa’s Law

S 2781 RS

To 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.

November 17, 2009

Ms. MIKULSKI (for herself, Mr. ENZI, Mr. HARKIN, Mr. BROWN of Ohio, Mr. CARDIN, Mr. ALEXANDER, Mr. BARRASSO, Mr. BURR, Mr. GREGG, Mr. THUNE, Mr. DODD, Ms. LANDRIEU, Mr. JOHANNS, Mrs. MURRAY, Mrs. SHAHEEN, Mr. BEGICH, Ms. SNOWE, Mrs. GILLIBRAND, Ms. KLOBUCHAR, Ms. STABENOW, Mrs. HAGAN, Mr. LAUTENBERG, Mr. KIRK, Mr. MERKLEY, Mrs. FEINSTEIN, Mrs. HUTCHISON, Ms. COLLINS, Mr. KERRY, Mr. MENENDEZ, Mr. BAYH, Mr. CASEY, Mrs. BOXER, Ms. MURKOWSKI, Mr. LEVIN, Mr. FRANKEN, Mr. AKAKA, Mr. JOHNSON, Mr. DORGAN, Mr. WARNER, Mr. BURRIS, Mr. REED, Mr. SANDERS, Mr. BENNET, Mr. BINGAMAN, and Mr. LUGAR) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

August 3, 2010

Reported by Mr. HARKIN, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

To 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.

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

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

[Struck out->] This Act may be cited as ‘Rosa’s Law’. [<-Struck out]

[Struck out->] SEC. 2. INDIVIDUALS WITH INTELLECTUAL DISABILITIES. [<-Struck out]

[Struck out->] (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 ‘with mental retardation or’. [<-Struck out]

[Struck out->] (b) Individuals With Disabilities Education Act- [<-Struck out]

[Struck out->] (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’. [<-Struck out]

[Struck out->] (2) Section 602 of such Act (20 U.S.C. 1401) is amended-- [<-Struck out]

[Struck out->] (A) in paragraph (3)(A)(i), by striking ‘with mental retardation’ and inserting ‘with intellectual disabilities’; and [<-Struck out]

[Struck out->] (B) in paragraph (30)(C), by striking ‘of mental retardation’ and inserting ‘of intellectual disabilities’. [<-Struck out]

[Struck out->] (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,’. [<-Struck out]

[Struck out->] (d) Rehabilitation Act of 1973- [<-Struck out]

[Struck out->] (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,’. [<-Struck out]

[Struck out->] (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’. [<-Struck out]

[Struck out->] (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 Committee on Employment of People with Disabilities and the President’s Committee for People with Intellectual Disabilities’. [<-Struck out]

[Struck out->] (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,’. [<-Struck out]

[Struck out->] (f) Public Health Service Act- [<-Struck out]

[Struck out->] (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;’. [<-Struck out]

[Struck out->] (2) Section 448 of such Act (42 U.S.C. 285g) is amended by striking ‘mental retardation,’ and inserting ‘intellectual disabilities,’. [<-Struck out]

[Struck out->] (3) Section 450 of such Act (42 U.S.C. 285g-2) is amended to read as follows: [<-Struck out]

[Struck out->]

‘SEC. 450. RESEARCH ON INTELLECTUAL DISABILITIES. [<-Struck out]

[Struck out->]

‘The Director of the Institute shall conduct and support research and related activities into the causes, prevention, and treatment of intellectual disabilities.’. [<-Struck out]

[Struck out->] (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’. [<-Struck out]

[Struck out->] (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’. [<-Struck out]

[Struck out->] (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,’. [<-Struck out]

[Struck out->] (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’. [<-Struck out]

[Struck out->] (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’. [<-Struck out]

[Struck out->] (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’. [<-Struck out]

[Struck out->] (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,’. [<-Struck out]

[Struck out->] (k) Developmental Disabilities Assistance and Bill of Rights Act of 2000- [<-Struck out]

[Struck out->] (1) Section 109(a)(4)(B)(i) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15009(a)(4)(B)(i)) is amended by striking ‘the mentally retarded’ and inserting ‘individuals with intellectual disabilities’. [<-Struck out]

[Struck out->] (2) Sections 124(c)(3)(C)(vii) and 143(a)(3)(A) of such Act (42 U.S.C. 15024(c)(3)(C)(vii), 15043(a)(3)(A)) are amended-- [<-Struck out]

[Struck out->] (A) by striking ‘(a)(30)(C)’ each place it appears and inserting ‘(a)(31)’; and [<-Struck out]

[Struck out->] (B) by striking ‘Intermediate Care Facility (Mental Retardation)’ and inserting ‘intermediate care facility described in that section’. [<-Struck out]

[Struck out->] (l) References- For purposes of each provision amended by this section-- [<-Struck out]

[Struck out->] (1) a reference to an intellectual disability shall be considered to refer to mental retardation, as defined for that provision on the day before the date of enactment of this Act; and [<-Struck out]

[Struck out->] (2) a reference to individuals with intellectual disabilities shall be considered to refer to the mentally retarded, or individuals who are mentally retarded, as defined for that provision on that day. [<-Struck out]

[Struck out->] SEC. 3. REGULATIONS. [<-Struck out]

[Struck out->] For purposes of regulations issued to carry out a provision amended by this Act-- [<-Struck out]

[Struck out->] (1) before the regulations are amended to carry out this Act-- [<-Struck out]

[Struck out->] (A) a reference in the regulations to mental retardation shall be considered to be a reference to an intellectual disability; and [<-Struck out]

[Struck out->] (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 [<-Struck out]

[Struck out->] (2) in amending the regulations to carry out this Act, a Federal agency shall ensure that the regulations clearly state-- [<-Struck out]

[Struck out->] (A) that an intellectual disability was formerly termed mental retardation; and [<-Struck out]

[Struck out->] (B) that individuals with intellectual disabilities were formerly termed individuals who are mentally retarded. [<-Struck out]

[Struck out->] SEC. 4. RULE OF CONSTRUCTION. [<-Struck out]

[Struck out->] Nothing in this Act shall be construed to alter or otherwise affect the eligibility for services or the rights or responsibilities, under a provision amended by this Act, of individuals covered by the provision on the day before the date of enactment of this Act. [<-Struck out]

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.

Calendar No. 506

To 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.

August 3, 2010

Loading...