I 

111TH CONGRESS 

2D SESSION H. R. 4544 

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 HOUSE OF REPRESENTATIVES 

JANUARY 27, 2010 

Mr. MCMAHON introduced the following bill; which was 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 

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 the ‘‘Elizabeth A. Connelly 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) The Honorable Elizabeth A. Connelly was 

2 elected to the New York State Assembly in 1973 as 

3 the first woman from Staten Island, New York, 

4 elected to public office. 

5 (2) Ms. Connelly retired in 2000 making her 

6 the longest serving female legislator in the history of 

7 New York State. 

8 (3) Through her work on the New York State 

9 Assembly Mental Health, Mental Retardation, De10 velopmental Disabilities, Alcoholism, and Substance 

11 Abuse Committee, Elizabeth A. Connelly was a 

12 champion for individuals with intellectual and other 

13 developmental disabilities. 

14 (4) As an Assemblywoman, Ms. Connelly was 

15 instrumental in securing funds for mental health 

16 programs and in creating the New York State Com17 mission on Quality of Care for the Mentally Dis18 abled. 

19 (5) She worked together with parents, advo20 cates, and government leaders to make New York 

21 State a leader in providing high-quality services and 

22 programs for individuals with intellectual and other 

23 developmental disabilities. 

24 (6) Ms. Connelly was known as the ‘‘guardian 

25 angel of the mentally disabled’’ in New York State. 


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1 (7) Her personal commitment and leadership 

2 helped redefine how individuals with intellectual and 

3 other developmental disabilities are treated today 

4 throughout the United States. 

5 SEC. 3. INDIVIDUALS WITH INTELLECTUAL DISABILITIES. 

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

7 760(2)(A) of the Higher Education Act of 1965 (20 

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

9 retardation or’’. 

10 (b) INDIVIDUALS WITH DISABILITIES EDUCATION

11 ACT.— 

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

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

14 1400(c)(12)(C)) is amended by striking ‘‘having 

15 mental retardation’’ and inserting ‘‘having intellec16 tual disabilities’’. 

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

18 is amended— 

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

20 ‘‘with mental retardation’’ and inserting ‘‘with 

21 intellectual disabilities’’; and 

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

23 mental retardation’’ and inserting ‘‘of intellec24 tual disabilities’’. 


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1 (c) ELEMENTARY AND SECONDARY EDUCATION ACT

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

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

4 7512(16)(E)) is amended by striking ‘‘mild mental retar5 dation,’’ and inserting ‘‘mild intellectual disabilities,’’. 

6 (d) REHABILITATION ACT OF 1973.— 

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

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

9 by striking ‘‘mental retardation,’’ and inserting ‘‘in10 tellectual disability,’’. 

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

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

13 ‘‘mental retardation and other developmental disabil14 ities’’ and inserting ‘‘intellectual disabilities and 

15 other developmental disabilities’’. 

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

17 791(a)) is amended, in the third sentence, by strik18 ing ‘‘President’s Committees on Employment of Peo19 ple With Disabilities and on Mental Retardation’’ 

20 and inserting ‘‘President’s Committee on Employ21 ment of People with Disabilities and the President’s 

22 Committee for People with Intellectual Disabilities’’. 

23 (e) HEALTH RESEARCH AND HEALTH SERVICES

24 AMENDMENTS OF 1976.—Section 1001 of the Health Re25 search and Health Services Amendments of 1976 (42 


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1 U.S.C. 217a–1) is amended by striking ‘‘the Mental Re2 tardation Facilities and Community Mental Health Cen3 ters Construction Act of 1963,’’. 

4 (f) PUBLIC HEALTH SERVICE ACT.— 

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

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

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

8 inserting ‘‘intellectual disabilities;’’. 

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

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

11 inserting ‘‘intellectual disabilities,’’. 

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

13 2) is amended to read as follows: 

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

15 ‘‘The Director of the Institute shall conduct and sup16 port research and related activities into the causes, pre17 vention, and treatment of intellectual disabilities.’’. 

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

19 291k(a)) is amended by striking ‘‘matters relating to 

20 the mentally retarded’’ and inserting ‘‘matters relat21 ing to individuals with intellectual disabilities’’. 

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

23 U.S.C. 294c(b)(2)(E)) is amended by striking ‘‘el24 derly mentally retarded individuals’’ and inserting 

25 ‘‘elderly individuals with intellectual disabilities’’. 


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

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

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

4 inserting ‘‘intellectual disabilities or developmental 

5 disorders,’’. 

6 (g) HEALTH PROFESSIONS EDUCATION PARTNER7 SHIPS ACT OF 1998.—Section 419(b)(1) of the Health 

8 Professions Education Partnerships Act of 1998 (42 

9 U.S.C. 280f note) is amended by striking ‘‘mental retarda10 tion’’ and inserting ‘‘intellectual disabilities’’. 

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

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

13 by striking ‘‘mental retardation’’ and inserting ‘‘intellec14 tual disabilities’’. 

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

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

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

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

19 300b–1 note) is amended by striking ‘‘leading to mental 

20 retardation’’ and inserting ‘‘leading to intellectual disabil21 ities’’. 

22 (j) GENETIC INFORMATION NONDISCRIMINATION

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

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


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1 is amended by striking ‘‘mental retardation,’’ and insert2 ing ‘‘intellectual disabilities,’’. 

3 (k) DEVELOPMENTAL DISABILITIES ASSISTANCE

4 AND BILL OF RIGHTS ACT OF 2000.— 

5 (1) Section 109(a)(4)(B)(i) of the Develop6 mental Disabilities Assistance and Bill of Rights Act 

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

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

9 ‘‘individuals with intellectual disabilities’’. 

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

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

12 15043(a)(3)(A)) are amended— 

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

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

15 (B) by striking ‘‘Intermediate Care Facil16 ity (Mental Retardation)’’ and inserting ‘‘inter17 mediate care facility described in that section’’. 

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

19 amended by this section— 

20 (1) a reference to an intellectual disability shall 

21 be considered to refer to mental retardation, as de22 fined for that provision on the day before the date 

23 of enactment of this Act; and 

24 (2) a reference to individuals with intellectual 

25 disabilities shall be considered to refer to the menVerDate Nov 24 2008 22:46 Jan 28, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4544.IH H4544

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1 tally retarded, or individuals who are mentally re2 tarded, as defined for that provision on that day. 

3 SEC. 4. REGULATIONS. 

4 For purposes of regulations issued to carry out a pro5 vision amended by this Act— 

6 (1) before the regulations are amended to carry 

7 out this Act— 

8 (A) a reference in the regulations to men9 tal retardation shall be considered to be a ref10 erence to an intellectual disability; and 

11 (B) a reference in the regulations to the 

12 mentally retarded, or individuals who are men13 tally retarded, shall be considered to be a ref14 erence to individuals with intellectual disabil15 ities; and 

16 (2) in amending the regulations to carry out 

17 this Act, a Federal agency shall ensure that the reg18 ulations clearly state— 

19 (A) that an intellectual disability was for20 merly termed mental retardation; and 

21 (B) that individuals with intellectual dis22 abilities were formerly termed individuals who 

23 are mentally retarded. 


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1 SEC. 5. RULE OF CONSTRUCTION. 

2 Nothing in this Act shall be construed to alter or oth3 erwise affect the eligibility for services or the rights or re4 sponsibilities, under a provision amended by this Act, of 

5 individuals covered by the provision on the day before the 

6 date of enactment of this Act. 

Æ 


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