111th CONGRESS
2d Session
S. 2781
IN THE SENATE OF THE UNITED STATES
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.
Short title
This Act may be cited as Rosa's Law
.
Individuals with intellectual disabilities
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
.
Individuals with Disabilities Education Act
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
.
Section 602 of such Act (20 U.S.C. 1401) is amended—
in paragraph (3)(A)(i), by striking
with mental retardation
and inserting with intellectual
disabilities
; and
in paragraph (30)(C), by striking of
mental retardation
and inserting of intellectual
disabilities
.
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,
.
Rehabilitation Act of 1973
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,
.
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
.
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
.
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,
.
Public Health Service Act
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;
.
Section 448 of such Act (42 U.S.C. 285g) is
amended by striking mental retardation,
and inserting
intellectual disabilities,
.
Section 450 of such Act (42 U.S.C. 285g–2) is amended to read as follows:
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.
.
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
.
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
.
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,
.
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
.
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
.
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
.
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,
.
References
For purposes of each provision amended by this section—
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
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.
Regulations
For purposes of regulations issued to carry out a provision amended by this Act—
before the regulations are amended to carry out this Act—
a reference in the regulations to mental retardation shall be considered to be a reference to an intellectual disability; and
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
in amending the regulations to carry out this Act, a Federal agency shall ensure that the regulations clearly state—
that an intellectual disability was formerly termed mental retardation; and
that individuals with intellectual disabilities were formerly termed individuals who are mentally retarded.
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—
change the coverage, eligibility, rights, responsibilities, or definitions referred to in the amended provisions; or
compel States to change terminology in State laws for individuals covered by a provision amended by this Act.
Passed the Senate August 5, 2010.
Secretary
