H.R. 3420

119 HR 3420 IH: Words Matter Act of 2025
 U.S. House of Representatives
 2025-05-15
 text/xml
 EN
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 I  119th CONGRESS  1st Session  H. R. 3420  IN THE HOUSE OF REPRESENTATIVES   May 15, 2025   Mr. Sessions  (for himself,  Mr. Pocan ,  Ms. Norton ,  Mr. Hudson , and  Mr. Zinke ) 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 2025  .
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.