II 

111TH CONGRESS 

1ST SESSION S. 2781 

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, Mr. CARDIN, 

Mr. ALEXANDER, Mr. BARRASSO, Mr. BURR, Mr. GREGG, Mr. THUNE, 

and Mr. DODD) introduced the following bill; which was read twice and 

referred to the Committee on Health, Education, Labor, and Pensions 

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. 

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 


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

2 retardation or’’. 

3 (b) INDIVIDUALS WITH DISABILITIES EDUCATION

4 ACT.— 

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

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

7 1400(c)(12)(C)) is amended by striking ‘‘having 

8 mental retardation’’ and inserting ‘‘having intellec9 tual disabilities’’. 

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

11 is amended— 

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

13 ‘‘with mental retardation’’ and inserting ‘‘with 

14 intellectual disabilities’’; and 

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

16 mental retardation’’ and inserting ‘‘of intellec17 tual disabilities’’. 

18 (c) ELEMENTARY AND SECONDARY EDUCATION ACT

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

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

21 7512(16)(E)) is amended by striking ‘‘mild mental retar22 dation,’’ and inserting ‘‘mild intellectual disabilities,’’. 

23 (d) REHABILITATION ACT OF 1973.— 

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

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


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1 by striking ‘‘mental retardation,’’ and inserting ‘‘in2 tellectual disability,’’. 

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

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

5 ‘‘mental retardation and other developmental disabil6 ities’’ and inserting ‘‘intellectual disabilities and 

7 other developmental disabilities’’. 

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

9 791(a)) is amended, in the third sentence, by strik10 ing ‘‘President’s Committees on Employment of Peo11 ple With Disabilities and on Mental Retardation’’ 

12 and inserting ‘‘President’s Committee on Employ13 ment of People with Disabilities and the President’s 

14 Committee for People with Intellectual Disabilities’’. 

15 (e) HEALTH RESEARCH AND HEALTH SERVICES

16 AMENDMENTS OF 1976.—Section 1001 of the Health Re17 search and Health Services Amendments of 1976 (42 

18 U.S.C. 217a–1) is amended by striking ‘‘the Mental Re19 tardation Facilities and Community Mental Health Cen20 ters Construction Act of 1963,’’. 

21 (f) PUBLIC HEALTH SERVICE ACT.— 

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

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

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

25 inserting ‘‘intellectual disabilities;’’. 


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

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

3 inserting ‘‘intellectual disabilities,’’. 

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

5 2) is amended to read as follows: 

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

7 ‘‘The Director of the Institute shall conduct and sup8 port research and related activities into the causes, pre9 vention, and treatment of intellectual disabilities.’’. 

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

11 291k(a)) is amended by striking ‘‘matters relating to 

12 the mentally retarded’’ and inserting ‘‘matters relat13 ing to individuals with intellectual disabilities’’. 

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

15 U.S.C. 294c(b)(2)(E)) is amended by striking ‘‘el16 derly mentally retarded individuals’’ and inserting 

17 ‘‘elderly individuals with intellectual disabilities’’. 

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

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

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

21 inserting ‘‘intellectual disabilities or developmental 

22 disorders,’’. 

23 (g) HEALTH PROFESSIONS EDUCATION PARTNER24 SHIPS ACT OF 1998.—Section 419(b)(1) of the Health 

25 Professions Education Partnerships Act of 1998 (42 


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1 U.S.C. 280f note) is amended by striking ‘‘mental retarda2 tion’’ and inserting ‘‘intellectual disabilities’’. 

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

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

5 by striking ‘‘mental retardation’’ and inserting ‘‘intellec6 tual disabilities’’. 

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

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

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

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

11 300b–1 note) is amended by striking ‘‘leading to mental 

12 retardation’’ and inserting ‘‘leading to intellectual disabil13 ities’’. 

14 (j) GENETIC INFORMATION NONDISCRIMINATION

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

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

17 is amended by striking ‘‘mental retardation,’’ and insert18 ing ‘‘intellectual disabilities,’’. 

19 (k) DEVELOPMENTAL DISABILITIES ASSISTANCE

20 AND BILL OF RIGHTS ACT OF 2000.— 

21 (1) Section 109(a)(4)(B)(i) of the Develop22 mental Disabilities Assistance and Bill of Rights Act 

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

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

25 ‘‘individuals with intellectual disabilities’’. 


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

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

3 15043(a)(3)(A)) are amended— 

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

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

6 (B) by striking ‘‘Intermediate Care Facil7 ity (Mental Retardation)’’ and inserting ‘‘inter8 mediate care facility described in that section’’. 

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

10 amended by this section— 

11 (1) a reference to an intellectual disability shall 

12 be considered to refer to mental retardation, as de13 fined for that provision on the day before the date 

14 of enactment of this Act; and 

15 (2) a reference to individuals with intellectual 

16 disabilities shall be considered to refer to the men17 tally retarded, or individuals who are mentally re18 tarded, as defined for that provision on that day. 

19 SEC. 3. REGULATIONS. 

20 For purposes of regulations issued to carry out a pro21 vision amended by this Act— 

22 (1) before the regulations are amended to carry 

23 out this Act— 


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1 (A) a reference in the regulations to men2 tal retardation shall be considered to be a ref3 erence to an intellectual disability; and 

4 (B) a reference in the regulations to the 

5 mentally retarded, or individuals who are men6 tally retarded, shall be considered to be a ref7 erence to individuals with intellectual disabil8 ities; and 

9 (2) in amending the regulations to carry out 

10 this Act, a Federal agency shall ensure that the reg11 ulations clearly state— 

12 (A) that an intellectual disability was for13 merly termed mental retardation; and 

14 (B) that individuals with intellectual dis15 abilities were formerly termed individuals who 

16 are mentally retarded. 

17 SEC. 4. RULE OF CONSTRUCTION. 

18 Nothing in this Act shall be construed to alter or oth19 erwise affect the eligibility for services or the rights or re20 sponsibilities, under a provision amended by this Act, of 

21 individuals covered by the provision on the day before the 

22 date of enactment of this Act. 

Æ 


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