118 HR 3111 IH: Words Matter Act of 2023
U.S. House of Representatives
2023-05-05
text/xml
EN
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I
118th CONGRESS
1st Session
H. R. 3111
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. García 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.
1.

Short title
This Act may be cited as the “Words Matter Act of 2023”.
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”.
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”.
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.