II 

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 


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references to a mentally retarded individual to references 

to an individual with an intellectual disability. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as ‘‘Rosa’s Law’’. 

5 SEC. 2. INDIVIDUALS WITH INTELLECTUAL DISABILITIES. 

6 (a) HIGHER EDUCATION ACT OF 1965.—Section 

7 760(2)(A) of the Higher Education Act of 1965 (20 

8 U.S.C. 1140(2)(A)) is amended by striking ‘‘with mental 

9 retardation or’’. 

10 (b) INDIVIDUALS WITH DISABILITIES EDUCATION

11 ACT.— 

12 (1) Section 601(c)(12)(C) of the Individuals 

13 with Disabilities Education Act (20 U.S.C. 

14 1400(c)(12)(C)) is amended by striking ‘‘having 

15 mental retardation’’ and inserting ‘‘having intellec16 tual disabilities’’. 

17 (2) Section 602 of such Act (20 U.S.C. 1401) 

18 is amended— 

19 (A) in paragraph (3)(A)(i), by striking 

20 ‘‘with mental retardation’’ and inserting ‘‘with 

21 intellectual disabilities’’; and 

22 (B) in paragraph (30)(C), by striking ‘‘of 

23 mental retardation’’ and inserting ‘‘of intellec24 tual disabilities’’. 


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1 (c) ELEMENTARY AND SECONDARY EDUCATION ACT

2 OF 1965.—Section 7202(16)(E) of the Elementary and 

3 Secondary Education Act of 1965 (20 U.S.C. 

4 7512(16)(E)) is amended by striking ‘‘mild mental retar5 dation,’’ and inserting ‘‘mild intellectual disabilities,’’. 

6 (d) REHABILITATION ACT OF 1973.— 

7 (1) Section 7(21)(A)(iii) of the Rehabilitation 

8 Act of 1973 (29 U.S.C. 705(21)(A)(iii)) is amended 

9 by striking ‘‘mental retardation,’’ and inserting ‘‘in10 tellectual disability,’’. 

11 (2) Section 204(b)(2)(C)(vi) of such Act (29 

12 U.S.C. 764(b)(2)(C)(vi)) is amended by striking 

13 ‘‘mental retardation and other developmental disabil14 ities’’ and inserting ‘‘intellectual disabilities and 

15 other developmental disabilities’’. 

16 (3) Section 501(a) of such Act (29 U.S.C. 

17 791(a)) is amended, in the third sentence, by strik18 ing ‘‘President’s Committees on Employment of Peo19 ple With Disabilities and on Mental Retardation’’ 

20 and inserting ‘‘President’s Committee on Employ21 ment of People with Disabilities and the President’s 

22 Committee for People with Intellectual Disabilities’’. 

23 (e) HEALTH RESEARCH AND HEALTH SERVICES

24 AMENDMENTS OF 1976.—Section 1001 of the Health Re25 search and Health Services Amendments of 1976 (42 


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1 U.S.C. 217a–1) is amended by striking ‘‘the Mental Re2 tardation Facilities and Community Mental Health Cen3 ters Construction Act of 1963,’’. 

4 (f) PUBLIC HEALTH SERVICE ACT.— 

5 (1) Section 317C(a)(4)(B)(i) of the Public 

6 Health Service Act (42 U.S.C. 247b–4(a)(4)(B)(i)) 

7 is amended by striking ‘‘mental retardation;’’ and 

8 inserting ‘‘intellectual disabilities;’’. 

9 (2) Section 448 of such Act (42 U.S.C. 285g) 

10 is amended by striking ‘‘mental retardation,’’ and 

11 inserting ‘‘intellectual disabilities,’’. 

12 (3) Section 450 of such Act (42 U.S.C. 285g– 

13 2) is amended to read as follows: 

14 ‘‘SEC. 450. RESEARCH ON INTELLECTUAL DISABILITIES. 

15 ‘‘The Director of the Institute shall conduct and sup16 port research and related activities into the causes, pre17 vention, and treatment of intellectual disabilities.’’. 

18 (4) Section 641(a) of such Act (42 U.S.C. 

19 291k(a)) is amended by striking ‘‘matters relating to 

20 the mentally retarded’’ and inserting ‘‘matters relat21 ing to individuals with intellectual disabilities’’. 

22 (5) Section 753(b)(2)(E) of such Act (42 

23 U.S.C. 294c(b)(2)(E)) is amended by striking ‘‘el24 derly mentally retarded individuals’’ and inserting 

25 ‘‘elderly individuals with intellectual disabilities’’. 


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1 (6) Section 1252(f)(3)(E) of such Act (42 

2 U.S.C. 300d–52(f)(3)(E)) is amended by striking 

3 ‘‘mental retardation/developmental disorders,’’ and 

4 inserting ‘‘intellectual disabilities or developmental 

5 disorders,’’. 

6 (g) HEALTH PROFESSIONS EDUCATION PARTNER7 SHIPS ACT OF 1998.—Section 419(b)(1) of the Health 

8 Professions Education Partnerships Act of 1998 (42 

9 U.S.C. 280f note) is amended by striking ‘‘mental retarda10 tion’’ and inserting ‘‘intellectual disabilities’’. 

11 (h) PUBLIC LAW 110–154.—Section 1(a)(2)(B) of 

12 Public Law 110–154 (42 U.S.C. 285g note) is amended 

13 by striking ‘‘mental retardation’’ and inserting ‘‘intellec14 tual disabilities’’. 

15 (i) NATIONAL SICKLE CELL ANEMIA, COOLEY’S

16 ANEMIA, TAY-SACHS, AND GENETIC DISEASES ACT.— 

17 Section 402 of the National Sickle Cell Anemia, Cooley’s 

18 Anemia, Tay-Sachs, and Genetic Diseases Act (42 U.S.C. 

19 300b–1 note) is amended by striking ‘‘leading to mental 

20 retardation’’ and inserting ‘‘leading to intellectual disabil21 ities’’. 

22 (j) GENETIC INFORMATION NONDISCRIMINATION

23 ACT OF 2008.—Section 2(2) of the Genetic Information 

24 Nondiscrimination Act of 2008 (42 U.S.C. 2000ff note) 


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1 is amended by striking ‘‘mental retardation,’’ and insert2 ing ‘‘intellectual disabilities,’’. 

3 (k) DEVELOPMENTAL DISABILITIES ASSISTANCE

4 AND BILL OF RIGHTS ACT OF 2000.— 

5 (1) Section 109(a)(4)(B)(i) of the Develop6 mental Disabilities Assistance and Bill of Rights Act 

7 of 2000 (42 U.S.C. 15009(a)(4)(B)(i)) is amended 

8 by striking ‘‘the mentally retarded’’ and inserting 

9 ‘‘individuals with intellectual disabilities’’. 

10 (2) Sections 124(c)(3)(C)(vii) and 143(a)(3)(A) 

11 of such Act (42 U.S.C. 15024(c)(3)(C)(vii), 

12 15043(a)(3)(A)) are amended— 

13 (A) by striking ‘‘(a)(30)(C)’’ each place it 

14 appears and inserting ‘‘(a)(31)’’; and 

15 (B) by striking ‘‘Intermediate Care Facil16 ity (Mental Retardation)’’ and inserting ‘‘inter17 mediate care facility described in that section’’. 

18 (l) REFERENCES.—For purposes of each provision 

19 amended by this section— 

20 (1) a reference to an intellectual disability shall 

21 be considered to refer to mental retardation, as de22 fined for that provision on the day before the date 

23 of enactment of this Act; and 

24 (2) a reference to individuals with intellectual 

25 disabilities shall be considered to refer to the menVerDate Mar 15 2010 23:49 Aug 03, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S2781.RS S2781

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1 tally retarded, or individuals who are mentally re2 tarded, as defined for that provision on that day. 

3 SEC. 3. REGULATIONS. 

4 For purposes of regulations issued to carry out a pro5 vision amended by this Act— 

6 (1) before the regulations are amended to carry 

7 out this Act— 

8 (A) a reference in the regulations to men9 tal retardation shall be considered to be a ref10 erence to an intellectual disability; and 

11 (B) a reference in the regulations to the 

12 mentally retarded, or individuals who are men13 tally retarded, shall be considered to be a ref14 erence to individuals with intellectual disabil15 ities; and 

16 (2) in amending the regulations to carry out 

17 this Act, a Federal agency shall ensure that the reg18 ulations clearly state— 

19 (A) that an intellectual disability was for20 merly termed mental retardation; and 

21 (B) that individuals with intellectual dis22 abilities were formerly termed individuals who 

23 are mentally retarded. 


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1 SEC. 4. RULE OF CONSTRUCTION. 

2 Nothing in this Act shall be construed to alter or oth3 erwise affect the eligibility for services or the rights or re4 sponsibilities, under a provision amended by this Act, of 

5 individuals covered by the provision on the day before the 

6 date of enactment of this Act. 

7 SECTION 1. SHORT TITLE. 

8 This Act may be cited as ‘‘Rosa’s Law’’. 

9 SEC. 2. INDIVIDUALS WITH INTELLECTUAL DISABILITIES. 

10 (a) HIGHER EDUCATION ACT OF 1965.—Section 

11 760(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 

12 1140(2)(A)) is amended by striking ‘‘mental retardation 

13 or’’. 

14 (b) INDIVIDUALS WITH DISABILITIES EDUCATION

15 ACT.— 

16 (1) Section 601(c)(12)(C) of the Individuals with 

17 Disabilities Education Act (20 U.S.C. 

18 1400(c)(12)(C)) is amended by striking ‘‘having men19 tal retardation’’ and inserting ‘‘having intellectual 

20 disabilities’’. 

21 (2) Section 602 of such Act (20 U.S.C. 1401) is 

22 amended— 

23 (A) in paragraph (3)(A)(i), by striking 

24 ‘‘with mental retardation’’ and inserting ‘‘with 

25 intellectual disabilities’’; and 


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1 (B) in paragraph (30)(C), by striking ‘‘of 

2 mental retardation’’ and inserting ‘‘of intellec3 tual disabilities’’. 

4 (c) ELEMENTARY AND SECONDARY EDUCATION ACT OF

5 1965.—Section 7202(16)(E) of the Elementary and Sec6 ondary Education Act of 1965 (20 U.S.C. 7512(16)(E)) is 

7 amended by striking ‘‘mild mental retardation,’’ and in8 serting ‘‘mild intellectual disabilities,’’. 

9 (d) REHABILITATION ACT OF 1973.— 

10 (1) Section 7(21)(A)(iii) of the Rehabilitation 

11 Act of 1973 (29 U.S.C. 705(21)(A)(iii)) is amended 

12 by striking ‘‘mental retardation,’’ and inserting ‘‘in13 tellectual disability,’’. 

14 (2) Section 204(b)(2)(C)(vi) of such Act (29 

15 U.S.C. 764(b)(2)(C)(vi)) is amended by striking 

16 ‘‘mental retardation and other developmental disabil17 ities’’ and inserting ‘‘intellectual disabilities and 

18 other developmental disabilities’’. 

19 (3) Section 501(a) of such Act (29 U.S.C. 

20 791(a)) is amended, in the third sentence, by striking 

21 ‘‘President’s Committees on Employment of People 

22 With Disabilities and on Mental Retardation’’ and 

23 inserting ‘‘President’s Disability Employment Part24 nership Board and the President’s Committee for Peo25 ple with Intellectual Disabilities’’. 


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1 (e) HEALTH RESEARCH AND HEALTH SERVICES

2 AMENDMENTS OF 1976.—Section 1001 of the Health Re3 search and Health Services Amendments of 1976 (42 U.S.C. 

4 217a–1) is amended by striking ‘‘the Mental Retardation 

5 Facilities and Community Mental Health Centers Con6 struction Act of 1963,’’. 

7 (f) PUBLIC HEALTH SERVICE ACT.— 

8 (1) Section 317C(a)(4)(B)(i) of the Public 

9 Health Service Act (42 U.S.C. 247b–4(a)(4)(B)(i)) is 

10 amended by striking ‘‘mental retardation;’’ and in11 serting ‘‘intellectual disabilities;’’. 

12 (2) Section 448 of such Act (42 U.S.C. 285g) is 

13 amended by striking ‘‘mental retardation,’’ and in14 serting ‘‘intellectual disabilities,’’. 

15 (3) Section 450 of such Act (42 U.S.C. 285g–2) 

16 is amended to read as follows: 

17 ‘‘SEC. 450. RESEARCH ON INTELLECTUAL DISABILITIES. 

18 ‘‘The Director of the Institute shall conduct and sup19 port research and related activities into the causes, preven20 tion, and treatment of intellectual disabilities.’’. 

21 (4) Section 641(a) of such Act (42 U.S.C. 

22 291k(a)) is amended by striking ‘‘matters relating to 

23 the mentally retarded’’ and inserting ‘‘matters relat24 ing to individuals with intellectual disabilities’’. 


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1 (5) Section 753(b)(2)(E) of such Act (42 U.S.C. 

2 294c(b)(2)(E)) is amended by striking ‘‘elderly men3 tally retarded individuals’’ and inserting ‘‘elderly in4 dividuals with intellectual disabilities’’. 

5 (6) Section 1252(f)(3)(E) of such Act (42 U.S.C. 

6 300d–52(f)(3)(E)) is amended by striking ‘‘mental re7 tardation/developmental disorders,’’ and inserting 

8 ‘‘intellectual disabilities or developmental disorders,’’. 

9 (g) HEALTH PROFESSIONS EDUCATION PARTNER10 SHIPS ACT OF 1998.—Section 419(b)(1) of the Health Pro11 fessions Education Partnerships Act of 1998 (42 U.S.C. 

12 280f note) is amended by striking ‘‘mental retardation’’ and 

13 inserting ‘‘intellectual disabilities’’. 

14 (h) PUBLIC LAW 110–154.—Section 1(a)(2)(B) of 

15 Public Law 110–154 (42 U.S.C. 285g note) is amended by 

16 striking ‘‘mental retardation’’ and inserting ‘‘intellectual 

17 disabilities’’. 

18 (i) NATIONAL SICKLE CELL ANEMIA, COOLEY’S ANE19 MIA, TAY-SACHS, AND GENETIC DISEASES ACT.—Section 

20 402 of the National Sickle Cell Anemia, Cooley’s Anemia, 

21 Tay-Sachs, and Genetic Diseases Act (42 U.S.C. 300b–1 

22 note) is amended by striking ‘‘leading to mental retarda23 tion’’ and inserting ‘‘leading to intellectual disabilities’’. 

24 (j) GENETIC INFORMATION NONDISCRIMINATION ACT

25 OF 2008.—Section 2(2) of the Genetic Information NonVerDate Mar 15 2010 23:49 Aug 03, 2010 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S2781.RS S2781

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1 discrimination Act of 2008 (42 U.S.C. 2000ff note) is 

2 amended by striking ‘‘mental retardation,’’ and inserting 

3 ‘‘intellectual disabilities,’’. 

4 (k) REFERENCES.—For purposes of each provision 

5 amended by this section— 

6 (1) a reference to ‘‘an intellectual disability’’ 

7 shall mean a condition previously referred to as 

8 ‘‘mental retardation’’, or a variation of this term, 

9 and shall have the same meaning with respect to pro10 grams, or qualifications for programs, for individuals 

11 with such a condition; and 

12 (2) a reference to individuals with intellectual 

13 disabilities shall mean individuals who were pre14 viously referred to as individuals who are ‘‘individ15 uals with mental retardation’’ or ‘‘the mentally re16 tarded’’, or variations of those terms. 

17 SEC. 3. REGULATIONS. 

18 For purposes of regulations issued to carry out a pro19 vision amended by this Act— 

20 (1) before the regulations are amended to carry 

21 out this Act— 

22 (A) a reference in the regulations to mental 

23 retardation shall be considered to be a reference 

24 to an intellectual disability; and 


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1 (B) a reference in the regulations to the 

2 mentally retarded, or individuals who are men3 tally retarded, shall be considered to be a ref4 erence to individuals with intellectual disabil5 ities; and 

6 (2) in amending the regulations to carry out this 

7 Act, a Federal agency shall ensure that the regula8 tions clearly state— 

9 (A) that an intellectual disability was for10 merly termed mental retardation; and 

11 (B) that individuals with intellectual dis12 abilities were formerly termed individuals who 

13 are mentally retarded. 

14 SEC. 4. RULE OF CONSTRUCTION. 

15 This Act shall be construed to make amendments to 

16 provisions of Federal law to substitute the term ‘‘an intellec17 tual disability’’ for ‘‘mental retardation’’, and ‘‘individuals 

18 with intellectual disabilities’’ for ‘‘the mentally retarded’’ 

19 or ‘‘individuals who are mentally retarded’’, without any 

20 intent to— 

21 (1) change the coverage, eligibility, rights, re22 sponsibilities, or definitions referred to in the amend23 ed provisions; or 


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1 (2) compel States to change terminology in State 

2 laws for individuals covered by a provision amended 

3 by this Act. 


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Calendar No. 506 

111TH CONGRESS 

2D SESSION S. 2781 

[Report No. 111–244] 

A BILL 

To change references in Federal law to mental rewith an intellectual disability. tarded individual to references to an individual ability, and change references to a mentally re- tardation to references to an intellectual disAUGUST 3, 2010 

Reported with an amendment 


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