[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3726 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  2d Session
                                S. 3726

  To amend Federal law to remove the terms ``mentally retarded'' and 
            ``mental retardation'', and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 1, 2024

 Mr. Casey (for himself and Mr. Moran) introduced the following bill; 
  which was read twice and 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 2024''.

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) Definition of Fetal Alcohol Syndrome.--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 ``an intellectual 
disability''.
    (e) General Programs Definitions.--Section 701 of the Indian Health 
Care Improvement Act (25 U.S.C. 1665) is amended--
            (1) in paragraph (1), in the first sentence, by striking 
        ``mental retardation'' and inserting ``an intellectual 
        disability''; and
            (2) in paragraph (6)(A), by striking ``mental retardation'' 
        and inserting ``an intellectual disability''.
    (f) Grant Authority.--Section 2201 of title I 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 title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 
10472(2)) is amended by striking ``mental retardation'' each place it 
appears and inserting ``intellectual disability''.
    (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 (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 (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)--
                    (A) by striking ``section 307(a)(12)'' and 
                inserting ``section 307(a)(9)''; and
                    (B) 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) National School Lunch Act.--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 Act.--Section 15(3) of the Child Nutrition Act 
of 1966 (42 U.S.C. 1784(3)) is amended in the first sentence 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 ``are 
        individuals with intellectual or other disabilities, or are 
        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, individuals with 
        intellectual or other disabilities, 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'' or a related term shall be considered to 
                be a reference to ``an intellectual disability''; and
                    (B) a reference in the regulation to ``the mentally 
                retarded'' or a related term, 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'' or a related 
                term; and
                    (B) that ``individuals with intellectual 
                disabilities'' were formerly termed ``the mentally 
                retarded'' or ``individuals who are mentally retarded'' 
                or a related term.

SEC. 4. RULE OF CONSTRUCTION.

    This Act shall be construed to amend Federal law to remove the 
terms ``mentally retarded'' and ``mental retardation'', and related 
terms, 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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