S. 2781 

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.