I 

111TH CONGRESS 

2D SESSION S. 2781 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 9, 2010 

Referred to the Committee on Energy and Commerce and in addition to the 

Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 SEC. 2. INDIVIDUALS WITH INTELLECTUAL DISABILITIES. 

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

5 760(2)(A) of the Higher Education Act of 1965 (20 

6 U.S.C. 1140(2)(A)) is amended by striking ‘‘mental retar7 dation or’’. 

8 (b) INDIVIDUALS WITH DISABILITIES EDUCATION

9 ACT.— 

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

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

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

13 mental retardation’’ and inserting ‘‘having intellec14 tual disabilities’’. 

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

16 is amended— 

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

18 ‘‘with mental retardation’’ and inserting ‘‘with 

19 intellectual disabilities’’; and 

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

21 mental retardation’’ and inserting ‘‘of intellec22 tual disabilities’’. 

23 (c) ELEMENTARY AND SECONDARY EDUCATION ACT

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

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


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1 7512(16)(E)) is amended by striking ‘‘mild mental retar2 dation,’’ and inserting ‘‘mild intellectual disabilities,’’. 

3 (d) REHABILITATION ACT OF 1973.— 

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

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

6 by striking ‘‘mental retardation,’’ and inserting ‘‘in7 tellectual disability,’’. 

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

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

10 ‘‘mental retardation and other developmental disabil11 ities’’ and inserting ‘‘intellectual disabilities and 

12 other developmental disabilities’’. 

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

14 791(a)) is amended, in the third sentence, by strik15 ing ‘‘President’s Committees on Employment of Peo16 ple With Disabilities and on Mental Retardation’’ 

17 and inserting ‘‘President’s Disability Employment 

18 Partnership Board and the President’s Committee 

19 for People with Intellectual Disabilities’’. 

20 (e) HEALTH RESEARCH AND HEALTH SERVICES

21 AMENDMENTS OF 1976.—Section 1001 of the Health Re22 search and Health Services Amendments of 1976 (42 

23 U.S.C. 217a–1) is amended by striking ‘‘the Mental Re24 tardation Facilities and Community Mental Health Cen25 ters Construction Act of 1963,’’. 


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1 (f) PUBLIC HEALTH SERVICE ACT.— 

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

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

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

5 inserting ‘‘intellectual disabilities;’’. 

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

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

8 inserting ‘‘intellectual disabilities,’’. 

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

10 2) is amended to read as follows: 

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

12 ‘‘The Director of the Institute shall conduct and sup13 port research and related activities into the causes, pre14 vention, and treatment of intellectual disabilities.’’. 

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

16 291k(a)) is amended by striking ‘‘matters relating to 

17 the mentally retarded’’ and inserting ‘‘matters relat18 ing to individuals with intellectual disabilities’’. 

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

20 U.S.C. 294c(b)(2)(E)) is amended by striking ‘‘el21 derly mentally retarded individuals’’ and inserting 

22 ‘‘elderly individuals with intellectual disabilities’’. 

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

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

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


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1 inserting ‘‘intellectual disabilities or developmental 

2 disorders,’’. 

3 (g) HEALTH PROFESSIONS EDUCATION PARTNER4 SHIPS ACT OF 1998.—Section 419(b)(1) of the Health 

5 Professions Education Partnerships Act of 1998 (42 

6 U.S.C. 280f note) is amended by striking ‘‘mental retarda7 tion’’ and inserting ‘‘intellectual disabilities’’. 

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

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

10 by striking ‘‘mental retardation’’ and inserting ‘‘intellec11 tual disabilities’’. 

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

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

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

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

16 300b–1 note) is amended by striking ‘‘leading to mental 

17 retardation’’ and inserting ‘‘leading to intellectual disabil18 ities’’. 

19 (j) GENETIC INFORMATION NONDISCRIMINATION

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

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

22 is amended by striking ‘‘mental retardation,’’ and insert23 ing ‘‘intellectual disabilities,’’. 

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

25 amended by this section— 


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

2 shall mean a condition previously referred to as 

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

4 and shall have the same meaning with respect to 

5 programs, or qualifications for programs, for individ6 uals with such a condition; and 

7 (2) a reference to individuals with intellectual 

8 disabilities shall mean individuals who were pre9 viously referred to as individuals who are ‘‘individ10 uals with mental retardation’’ or ‘‘the mentally re11 tarded’’, or variations of those terms. 

12 SEC. 3. REGULATIONS. 

13 For purposes of regulations issued to carry out a pro14 vision amended by this Act— 

15 (1) before the regulations are amended to carry 

16 out this Act— 

17 (A) a reference in the regulations to men18 tal retardation shall be considered to be a ref19 erence to an intellectual disability; and 

20 (B) a reference in the regulations to the 

21 mentally retarded, or individuals who are men22 tally retarded, shall be considered to be a ref23 erence to individuals with intellectual disabil24 ities; and 


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1 (2) in amending the regulations to carry out 

2 this Act, a Federal agency shall ensure that the reg3 ulations clearly state— 

4 (A) that an intellectual disability was for5 merly termed mental retardation; and 

6 (B) that individuals with intellectual dis7 abilities were formerly termed individuals who 

8 are mentally retarded. 

9 SEC. 4. RULE OF CONSTRUCTION. 

10 This Act shall be construed to make amendments to 

11 provisions of Federal law to substitute the term ‘‘an intel12 lectual disability’’ for ‘‘mental retardation’’, and ‘‘individ13 uals with intellectual disabilities’’ for ‘‘the mentally re14 tarded’’ or ‘‘individuals who are mentally retarded’’, with15 out any intent to— 

16 (1) change the coverage, eligibility, rights, re17 sponsibilities, or definitions referred to in the 

18 amended provisions; or 


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1 (2) compel States to change terminology in 

2 State laws for individuals covered by a provision 

3 amended by this Act. 

Passed the Senate August 5, 2010. 

Attest: NANCY ERICKSON, 

Secretary. 


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