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[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

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Findings

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          ``(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.

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