[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3111 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 3111
To amend Federal law to remove the terms ``mentally retarded'' and
``mental retardation'', and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 5, 2023
Mr. Pocan (for himself, Mr. Sessions, Ms. Norton, Mrs. Rodgers of
Washington, Mr. Mullin, Mr. DeSaulnier, Mr. Grijalva, Mr. Phillips, Ms.
Tokuda, Mr. Blumenauer, Mr. Keating, Mr. Fitzpatrick, Mr. Tonko, Mr.
Garcia of Illinois, Mr. Smith of New Jersey, Mr. Langworthy, Mr.
Molinaro, Mrs. Houchin, Mrs. Watson Coleman, Mr. Nickel, Ms.
Schakowsky, Mr. Doggett, Ms. McCollum, Ms. Castor of Florida, Ms.
Kaptur, Ms. Wild, Mr. Evans, Mr. Moskowitz, Mr. Duncan, Ms. Letlow, Mr.
Payne, Ms. Sherrill, Mr. McGarvey, Ms. Budzinski, Mr. Khanna, Mr. Mann,
Ms. Lee of Pennsylvania, Ms. Kuster, and Ms. DelBene) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend Federal law to remove the terms ``mentally retarded'' and
``mental retardation'', and for other purposes.
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 the ``Words Matter Act of 2023''.
SEC. 2. REMOVAL OF ``MENTALLY RETARDED'' AND ``MENTAL RETARDATION''
FROM FEDERAL LAW.
(a) Contracts for Medical Care for Spouses and Children.--Section
1079(d)(3)(B) of title 10, United States Code, is amended by striking
``is moderately or severely mentally retarded, has a serious physical
disability, or has'' and inserting ``has a moderate to severe
intellectual disability, a serious physical disability, or''.
(b) Mortgage Insurance for Nursing Homes, Intermediate Care
Facilities, and Board and Care Homes.--Section 232(d)(4)(A) of the
National Housing Act (12 U.S.C. 1715w(d)(4)(A)) is amended by striking
``the mentally retarded or developmentally disabled'' and inserting
``individuals with intellectual or developmental disabilities''.
(c) Implementation of a Sentence of Death.--Section 3596(c) of
title 18, United States Code, is amended by striking ``is mentally
retarded'' and inserting ``has an intellectual disability''.
(d) Fetal Alcohol Syndrome Definition.--Section 4(9)(A) of the
Indian Health Care Improvement Act (25 U.S.C. 1603(9)(A)) is amended by
striking ``mental retardation'' and inserting ``intellectual
disability''.
(e) General Programs Definitions.--Section 701 of the Indian Health
Care Improvement Act (25 U.S.C. 1665) is amended by striking ``mental
retardation'' and inserting ``intellectual disability'' each place it
appears.
(f) Grant Authority.--Section 2201 of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10471) is amended--
(1) in paragraph (1) by striking ``mental retardation'' and
inserting ``intellectual disabilities''; and
(2) in paragraph (2)--
(A) in subparagraph (A) by striking ``a mentally
ill or mentally retarded offender'' and inserting ``an
offender who has a mental illness or intellectual
disability''; and
(B) in subparagraph (C) by striking ``of a mentally
ill or mentally retarded defendant's cases'' and
inserting ``cases of a defendant who has a mental
illness or intellectual disability''.
(g) Mental Health Courts Definitions.--Section 2202(2) of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10472(2))
is amended by striking ``mental retardation'' and inserting
``intellectual disability'' each place it appears.
(h) Donation of Personal Property Through State Agencies.--Section
549(c)(3)(B)(iv) of title 40, United States Code, is amended by
striking ``the mentally retarded or physically handicapped'' and
inserting ``individuals with intellectual or physical disabilities''.
(i) Training Opportunities for Direct Care Workers.--Section
747A(a) of the Public Health Service Act (42 U.S.C. 293k-1(a)) is
amended by striking ``mental retardation'' and inserting ``intellectual
disabilities''.
(j) Criminal Penalties for Acts Involving Federal Health Care
Programs.--Section 1128B of the Social Security Act (42 U.S.C. 1320a-
7b) is amended by striking ``the mentally retarded'' and inserting
``individuals with intellectual disabilities'' each place it appears.
(k) Long-Term Care Facility or Provider.--Section 6201(a)(6)(E)(ix)
of the Patient Protection and Affordable Care Act (42 U.S.C. 1320a-
7l(a)(6)(E)(ix)) is amended by striking ``the mentally retarded'' and
inserting ``individuals with intellectual disabilities''.
(l) Grants for Planning Comprehensive Action To Respond to the
Needs of Individuals With Intellectual Disabilities.--Title XVII of the
Social Security Act (42 U.S.C. 1391 et seq.) is amended--
(1) in the title heading by striking ``COMBAT MENTAL
RETARDATION'' and inserting ``MEET THE NEEDS OF INDIVIDUALS
WITH INTELLECTUAL DISABILITIES'';
(2) in section 1701, by striking ``combat mental
retardation'' and inserting ``meet the needs of individuals
with intellectual disabilities'' each place it appears;
(3) in section 1702--
(A) by striking ``needed to combat mental
retardation'' and inserting ``needed to meet the needs
of individuals with intellectual disabilities'';
(B) by striking ``the mental retardation problem
and of the need for combating it'' and inserting ``such
needs'';
(C) by striking ``relating to the various aspects
of mental retardation and its prevention, treatment, or
amelioration'' and inserting ``to meet such needs'';
and
(D) by striking ``community action to combat mental
retardation'' and inserting ``community action to meet
such needs''; and
(4) in section 1703 by striking ``the mentally retarded''
and inserting ``individuals with intellectual disabilities''.
(m) Requirements for, and Assuring Quality Care in, Skilled Nursing
Facilities.--Section 1819(b)(4) of the Social Security Act (42 U.S.C.
1395i-3(b)(4)) is amended--
(1) in subparagraph (A)(vii) by striking ``mentally ill and
mentally retarded residents'' and inserting ``residents with
mental illnesses or intellectual disabilities''; and
(2) in subparagraph (C)(ii)(IV) by striking ``the mentally
ill and the mentally retarded'' and inserting ``individuals
with mental illnesses or intellectual disabilities''.
(n) Grants to States for Medical Assistance Programs.--Title XIX of
the Social Security Act (42 U.S.C. 1396 et seq.) is amended--
(1) by striking ``intermediate care facility for the
mentally retarded'' and inserting ``intermediate care facility
for individuals with intellectual disabilities'' each place it
appears;
(2) by striking ``intermediate care facilities for the
mentally retarded'' and inserting ``intermediate care
facilities for individuals with intellectual disabilities''
each place it appears;
(3) in section 1905(d)--
(A) in the matter preceding paragraph (1) by
striking ``the mentally retarded or persons with'' and
inserting ``individuals with intellectual disabilities
or'';
(B) in paragraph (1) by striking ``mentally
retarded individuals'' and inserting ``individuals with
intellectual disabilities''; and
(C) in paragraph (2) by striking ``mentally
retarded individual'' and inserting ``individual who
has an intellectual disability'';
(4) in the section heading of section 1910 by striking
``the mentally retarded'' and inserting ``individuals with
intellectual disabilities'';
(5) in section 1915(c)(7)(C) by striking ``mental
retardation or a related condition'' and inserting
``intellectual disabilities or related conditions'';
(6) in section 1919--
(A) in subsection (b)(3)--
(i) in subparagraph (E)--
(I) by striking ``mental
retardation'' and inserting
``intellectual''; and
(II) by striking ``is mentally ill
or mentally retarded'' and inserting
``has a mental illness or intellectual
disability''; and
(ii) in subparagraph (F)--
(I) in the subparagraph heading by
striking ``mentally ill and mentally
retarded individuals'' and inserting
``individuals who have mental illnesses
or intellectual disabilities'';
(II) by striking ``State mental
retardation'' and inserting ``State
intellectual'' each place it appears;
(III) in clause (i) by striking
``is mentally ill'' and inserting ``has
a mental illness''; and
(IV) in clause (ii)--
(aa) by striking ``is
mentally retarded'' and
inserting ``has an intellectual
disability''; and
(bb) by striking ``for
mental retardation'' and
inserting ``for such
intellectual disability'';
(B) in subsection (b)(4)--
(i) in subparagraph (A)(vii) by striking
``mentally ill and mentally retarded
residents'' and inserting ``residents with
mental illnesses or intellectual
disabilities''; and
(ii) in subparagraph (C)(ii)(IV) by
striking ``the mentally ill and the mentally
retarded'' and inserting ``individuals with
mental illnesses or intellectual
disabilities''; and
(C) in subsection (e)(7)--
(i) in subparagraph (A)(i) by striking
``mentally ill and mentally retarded
individuals'' and inserting ``individuals with
mental illnesses or intellectual
disabilities'';
(ii) in subparagraph (B)--
(I) by striking ``State mental
retardation'' and inserting ``State
intellectual'' each place it appears;
(II) in clause (ii)--
(aa) in the clause heading
by striking ``mentally retarded
residents'' and inserting
``residents with intellectual
disabilities'';
(bb) in the matter
preceding clause (I) by
striking ``is mentally
retarded'' and inserting ``has
an intellectual disability'';
and
(cc) in subclause (II) by
striking ``mental retardation''
and inserting ``an intellectual
disability''; and
(III) in clause (iii) by striking
``mentally ill or mentally retarded
resident'' and inserting ``resident who
has a mental illness or intellectual
disability'';
(iii) in subparagraph (C) by striking
``mental retardation'' and inserting
``intellectual disability'' in each place it
appears;
(iv) in subparagraph (E)--
(I) by striking ``are mentally
retarded or mentally ill'' and
inserting ``have an intellectual
disability or mental illness''; and
(II) by striking ``mental
retardation'' and inserting
``intellectual disability''; and
(v) in subparagraph (G)--
(I) in clause (i) by inserting ``or
have a `mental illness''' after
```mentally ill'''; and
(II) in clause (ii) by striking
``be `mentally retarded' if the
individual is mentally retarded or a
person with'' and inserting ``have an
`intellectual disability' if the
individual has an intellectual
disability or''; and
(7) in the section heading of section 1922 by striking
``the mentally retarded'' and inserting ``individuals with
intellectual disabilities''.
(o) Payments to States.--Section 2002(a)(2)(A) of the Social
Security Act (42 U.S.C. 1397a(a)(2)(A)) is amended by striking ``the
mentally retarded'' and inserting ``individuals with intellectual
disabilities''.
(p) Miscellaneous Provisions.--Section 12(d)(5) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1760(d)(5)) is amended by
striking ``the mentally retarded'' and inserting ``individuals with
intellectual disabilities''.
(q) Child Nutrition Definitions.--Section 15(3) of the Child
Nutrition Act of 1966 (42 U.S.C. 1784(3)) is amended by striking ``the
mentally retarded'' and inserting ``individuals with intellectual
disabilities''.
(r) Institutionalized Persons Definitions.--Section 2(1)(B) of the
Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997(1)(B)) is
amended--
(1) in clause (i) by striking ``disabled, or retarded, or
chronically ill or handicapped'' and inserting ``physically or
intellectually disabled, or chronically ill''; and
(2) in clause (iv)(III) by striking ``mentally ill or
disabled, mentally retarded, or chronically ill or
handicapped'' and inserting ``mentally ill, physically or
intellectually disabled, or chronically ill''.
(s) Programs for Individuals With Developmental Disabilities.--
Title I of the Developmental Disabilities Assistance and Bill of Rights
Act of 2000 (42 U.S.C. 15001 et seq.) is amended--
(1) by striking ``Intermediate Care Facility (Mental
Retardation)'' and inserting ``intermediate care facility for
individuals with intellectual disabilities'' each place it
appears;
(2) in section 109(a)(4)(B)(i) by striking ``the mentally
retarded'' and inserting ``individuals with intellectual
disabilities''; and
(3) in section 125(c)(7)(F)(i) by striking ``Intermediate
Care Facilities (Mental Retardation)'' and inserting
``intermediate care facilities for individuals with
intellectual disabilities''.
SEC. 3. REGULATIONS.
For the purposes of a regulation issued to carry out a provision
amended by this Act--
(1) before the regulation is amended to carry out this
Act--
(A) a reference in the regulation to ``mental
retardation'' shall be considered to be a reference to
``an intellectual disability''; and
(B) a reference in the regulation 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 a regulation to carry out this Act, a
Federal agency shall ensure that the regulation clearly
states--
(A) that ``an intellectual disability'' was
formerly termed ``mental retardation''; and
(B) that ``individuals with intellectual
disabilities'' were formerly termed ``the mentally
retarded'' or ``individuals who are mentally
retarded''.
SEC. 4. RULE OF CONSTRUCTION.
This Act shall be construed to amend Federal law to remove the term
``mentally retarded'' and ``mental retardation'' without any intent
to--
(1) change the coverage, eligibility, rights,
responsibilities, or definitions referred to in the amended
provisions; or
(2) compel States to change terminology in State laws for
individuals covered by a provision amended by this Act.
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