I
111th CONGRESS
2d Session
H. R. 4544
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.
Short title
This Act may be cited as the
Elizabeth A. Connelly
Act
.
Findings
Congress makes the following findings:
The Honorable Elizabeth A. Connelly was elected to the New York State Assembly in 1973 as the first woman from Staten Island, New York, elected to public office.
Ms. Connelly retired in 2000 making her the longest serving female legislator in the history of New York State.
Through her work on the New York State Assembly Mental Health, Mental Retardation, Developmental Disabilities, Alcoholism, and Substance Abuse Committee, Elizabeth A. Connelly was a champion for individuals with intellectual and other developmental disabilities.
As an Assemblywoman, Ms. Connelly was instrumental in securing funds for mental health programs and in creating the New York State Commission on Quality of Care for the Mentally Disabled.
She worked together with parents, advocates, and government leaders to make New York State a leader in providing high-quality services and programs for individuals with intellectual and other developmental disabilities.
Ms. Connelly was
known as the guardian angel of the mentally disabled
in New York
State.
Her personal commitment and leadership helped redefine how individuals with intellectual and other developmental disabilities are treated today throughout the United States.
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 with 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 Committee on
Employment of People with Disabilities 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,
.
Developmental Disabilities Assistance and Bill of Rights Act of 2000
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
.
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—
by striking
(a)(30)(C)
each place it appears and inserting
(a)(31)
; and
by striking
Intermediate Care Facility (Mental Retardation)
and inserting
intermediate care facility described in that section
.
References
For purposes of each provision amended by this section—
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
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.
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
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.