II
Calendar No. 506
111th CONGRESS
2d Session
S. 2781
[Report No. 111–244]
IN THE SENATE OF THE UNITED STATES
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
A BILL
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.
Short title
This Act may be cited as Rosa's Law
.
Individuals with intellectual disabilities
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
.
Individuals with Disabilities Education Act
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
.
Section 602 of such Act (20 U.S.C. 1401) is amended—
in paragraph
(3)(A)(i), by striking with mental retardation
and inserting
with intellectual disabilities
; and
in paragraph
(30)(C), by striking of mental retardation
and inserting
of intellectual disabilities
.
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,
.
Rehabilitation Act of 1973
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,
.
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
.
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
.
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,
.
Public Health Service Act
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;
.
Section 448 of
such Act (42 U.S.C. 285g) is amended by striking mental
retardation,
and inserting intellectual
disabilities,
.
Section 450 of such Act (42 U.S.C. 285g–2) is amended to read as follows:
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.
.
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
.
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
.
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,
.
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
.
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
.
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
.
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,
.
Developmental Disabilities Assistance and Bill of Rights Act of 2000
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
.
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—
by striking
(a)(30)(C)
each place it appears and inserting
(a)(31)
; and
by striking
Intermediate Care Facility (Mental Retardation)
and inserting
intermediate care facility described in that section
.
References
For purposes of each provision amended by this section—
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
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.
Regulations
For purposes of regulations issued to carry out a provision amended by this Act—
before the regulations are amended to carry out this Act—
a reference in the regulations to mental retardation shall be considered to be a reference to an intellectual disability; and
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
in amending the regulations to carry out this Act, a Federal agency shall ensure that the regulations clearly state—
that an intellectual disability was formerly termed mental retardation; and
that individuals with intellectual disabilities were formerly termed individuals who are mentally retarded.
Rule of construction
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.
Short title
This Act may be cited as Rosa's Law
.
Individuals with intellectual disabilities
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
.
Individuals with Disabilities Education Act
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
.
Section 602 of such Act (20 U.S.C. 1401) is amended—
in paragraph (3)(A)(i),
by striking with mental retardation
and inserting with
intellectual disabilities
; and
in paragraph (30)(C), by
striking of mental retardation
and inserting of
intellectual disabilities
.
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,
.
Rehabilitation Act of 1973
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,
.
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
.
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
.
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,
.
Public Health Service Act
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;
.
Section 448 of such Act
(42 U.S.C. 285g) is amended by striking mental retardation,
and
inserting intellectual disabilities,
.
Section 450 of such Act (42 U.S.C. 285g–2) is amended to read as follows:
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.
.
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
.
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
.
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,
.
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
.
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
.
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
.
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,
.
References
For purposes of each provision amended by this section—
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
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.
Regulations
For purposes of regulations issued to carry out a provision amended by this Act—
before the regulations are amended to carry out this Act—
a reference in the regulations to mental retardation shall be considered to be a reference to an intellectual disability; and
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
in amending the regulations to carry out this Act, a Federal agency shall ensure that the regulations clearly state—
that an intellectual disability was formerly termed mental retardation; and
that individuals with intellectual disabilities were formerly termed individuals who are mentally retarded.
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—
change the coverage, eligibility, rights, responsibilities, or definitions referred to in the amended provisions; or
compel States to change terminology in State laws for individuals covered by a provision amended by this Act.
August 3, 2010
Reported with an amendment
