Text: S.2781 — 111th Congress (2009-2010)All Information (Except Text)

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Public Law No: 111-256 (10/05/2010)

 
[111th Congress Public Law 256]
[From the U.S. Government Printing Office]



[[Page 124 STAT. 2643]]

Public Law 111-256
111th Congress

                                 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. <<NOTE: Oct. 5, 2010 -  [S. 2781]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Rosa's Law.>> 
SECTION 1. <<NOTE: 20 USC 1400 note.>>  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

[[Page 124 STAT. 2644]]

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 <<NOTE: 20 USC 1400 note.>> 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.

[[Page 124 STAT. 2645]]

SEC. 3. <<NOTE: 20 USC 1400 note.>> 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. <<NOTE: 20 USC 1400 note.>> 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 <<NOTE: States.>> States to change terminology in 
        State laws for individuals covered by a provision amended by 
        this Act.

    Approved October 5, 2010.

LEGISLATIVE HISTORY--S. 2781:
---------------------------------------------------------------------------

SENATE REPORTS: No. 111-244 (Comm. on Health, Education, Labor, and 
Pensions).
CONGRESSIONAL RECORD, Vol. 156 (2010):
            Aug. 5, considered and passed Senate.
            Sept. 22, considered and passed House.

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