II 118th CONGRESS 2d Session S. 3726 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.

1. Short title This Act may be cited as the Words Matter Act of 2024 . 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 . 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. 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.