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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2781 Reported in Senate (RS)]

                                                       Calendar No. 506
111th CONGRESS
  2d Session
                                S. 2781

                          [Report No. 111-244]

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.

_______________________________________________________________________

                   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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as ``Rosa's Law''.</DELETED>

<DELETED>SEC. 2. INDIVIDUALS WITH INTELLECTUAL DISABILITIES.</DELETED>

<DELETED>    (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 ``with mental retardation or''.</DELETED>
<DELETED>    (b) Individuals With Disabilities Education Act.--
</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (2) Section 602 of such Act (20 U.S.C. 1401) is 
        amended--</DELETED>
                <DELETED>    (A) in paragraph (3)(A)(i), by striking 
                ``with mental retardation'' and inserting ``with 
                intellectual disabilities''; and</DELETED>
                <DELETED>    (B) in paragraph (30)(C), by striking ``of 
                mental retardation'' and inserting ``of intellectual 
                disabilities''.</DELETED>
<DELETED>    (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,''.</DELETED>
<DELETED>    (d) Rehabilitation Act of 1973.--</DELETED>
        <DELETED>    (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,''.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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 Committee on 
        Employment of People with Disabilities and the President's 
        Committee for People with Intellectual 
        Disabilities''.</DELETED>
<DELETED>    (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,''.</DELETED>
<DELETED>    (f) Public Health Service Act.--</DELETED>
        <DELETED>    (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;''.</DELETED>
        <DELETED>    (2) Section 448 of such Act (42 U.S.C. 285g) is 
        amended by striking ``mental retardation,'' and inserting 
        ``intellectual disabilities,''.</DELETED>
        <DELETED>    (3) Section 450 of such Act (42 U.S.C. 285g-2) is 
        amended to read as follows:</DELETED>

<DELETED>``SEC. 450. RESEARCH ON INTELLECTUAL DISABILITIES.</DELETED>

<DELETED>    ``The Director of the Institute shall conduct and support 
research and related activities into the causes, prevention, and 
treatment of intellectual disabilities.''.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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,''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (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,''.</DELETED>
<DELETED>    (k) Developmental Disabilities Assistance and Bill of 
Rights Act of 2000.--</DELETED>
        <DELETED>    (1) 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''.</DELETED>
        <DELETED>    (2) 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--</DELETED>
                <DELETED>    (A) by striking ``(a)(30)(C)'' each place 
                it appears and inserting ``(a)(31)''; and</DELETED>
                <DELETED>    (B) by striking ``Intermediate Care 
                Facility (Mental Retardation)'' and inserting 
                ``intermediate care facility described in that 
                section''.</DELETED>
<DELETED>    (l) References.--For purposes of each provision amended by 
this section--</DELETED>
        <DELETED>    (1) 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</DELETED>
        <DELETED>    (2) 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.</DELETED>

<DELETED>SEC. 3. REGULATIONS.</DELETED>

<DELETED>    For purposes of regulations issued to carry out a 
provision amended by this Act--</DELETED>
        <DELETED>    (1) before the regulations are amended to carry 
        out this Act--</DELETED>
                <DELETED>    (A) a reference in the regulations to 
                mental retardation shall be considered to be a 
                reference to an intellectual disability; and</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (2) in amending the regulations to carry out this 
        Act, a Federal agency shall ensure that the regulations clearly 
        state--</DELETED>
                <DELETED>    (A) that an intellectual disability was 
                formerly termed mental retardation; and</DELETED>
                <DELETED>    (B) that individuals with intellectual 
                disabilities were formerly termed individuals who are 
                mentally retarded.</DELETED>

<DELETED>SEC. 4. RULE OF CONSTRUCTION.</DELETED>

<DELETED>    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.</DELETED>

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.
                                                       Calendar No. 506

111th CONGRESS

  2d Session

                                S. 2781

                          [Report No. 111-244]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             August 3, 2010

                       Reported with an amendment
```