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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2781 Enrolled Bill (ENR)]

        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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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