[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2781 Introduced in Senate (IS)]

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.

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

SECTION 1. 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 
``with 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 Committee on 
        Employment of People with Disabilities 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 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) Developmental Disabilities Assistance and Bill of Rights Act of 
2000.--
            (1) Section 109(a)(4)(B)(i) of the Developmental 
        Disabilities Assistance and Bill of Rights Act of 2000 (42 
        U.S.C. 15009(a)(4)(B)(i)) is amended by striking ``the mentally 
        retarded'' and inserting ``individuals with intellectual 
        disabilities''.
            (2) Sections 124(c)(3)(C)(vii) and 143(a)(3)(A) of such Act 
        (42 U.S.C. 15024(c)(3)(C)(vii), 15043(a)(3)(A)) are amended--
                    (A) by striking ``(a)(30)(C)'' each place it 
                appears and inserting ``(a)(31)''; and
                    (B) by striking ``Intermediate Care Facility 
                (Mental Retardation)'' and inserting ``intermediate 
                care facility described in that section''.
    (l) References.--For purposes of each provision amended by this 
section--
            (1) a reference to an intellectual disability shall be 
        considered to refer to mental retardation, as defined for that 
        provision on the day before the date of enactment of this Act; 
        and
            (2) a reference to individuals with intellectual 
        disabilities shall be considered to refer to the mentally 
        retarded, or individuals who are mentally retarded, as defined 
        for that provision on that day.

SEC. 3. 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. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to alter or otherwise affect 
the eligibility for services or the rights or responsibilities, under a 
provision amended by this Act, of individuals covered by the provision 
on the day before the date of enactment of this Act.
                                 <all>