One Hundred Eleventh Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
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,
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
S. 2781—2
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, TAYSACHS,
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.
S. 2781—3
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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