I 
117TH CONGRESS 
2D SESSION 
H. R. 8863 
To amend Federal law to remove the terms ‘‘mentally retarded’’ and ‘‘mental 
retardation’’, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 15, 2022 
Mr. POCAN (for himself, Mr. SESSIONS, Mrs. RODGERS of Washington, Ms. 
NORTON, and Mr. SUOZZI) introduced the following bill; which was re-
ferred 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Words Matter Act of 
2022’’. 
SEC. 2. REMOVAL OF ‘‘MENTALLY RETARDED’’ AND ‘‘MEN-
TAL 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 
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or severely mentally retarded, has a serious physical dis-
ability, 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 amend-
ed by striking ‘‘is mentally retarded’’ and inserting ‘‘has 
an intellectual disability’’. 
(d) FETAL ALCOHOL SYNDROME DEFINITION.—Sec-
tion 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 ap-
pears. 
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(f) GRANT AUTHORITY.—Section 2201 of the Omni-
bus Crime Control and Safe Streets Act of 1968 (34 
U.S.C. 10471) is amended— 
(1) in paragraph (1) by striking ‘‘mental retar-
dation’’ 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.—Sec-
tion 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 ‘‘indi-
viduals with intellectual or physical disabilities’’. 
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(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 ‘‘men-
tal 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 ‘‘indi-
viduals 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 insert-
ing ‘‘individuals with intellectual disabilities’’. 
(l) GRANTS FOR PLANNING COMPREHENSIVE ACTION 
TO RESPOND TO THE NEEDS OF INDIVIDUALS WITH IN-
TELLECTUAL DISABILITIES.—Title XVII of the Social Se-
curity 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 indi-
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(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 insert-
ing ‘‘INDIVIDUALS
WITH
INTELLECTUAL
DIS-
ABILITIES’’; 
(5) in section 1915(c)(7)(C) by striking ‘‘men-
tal 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 retarda-
tion’’ and inserting ‘‘intellectual’’; and 
(II) by striking ‘‘is mentally ill or 
mentally retarded’’ and inserting ‘‘has 
a mental illness or intellectual dis-
ability’’; and 
(ii) in subparagraph (F)— 
(I) in the subparagraph heading 
by striking ‘‘MENTALLY ILL AND MEN-
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TALLY RETARDED INDIVIDUALS’’ and 
inserting ‘‘INDIVIDUALS
WHO
HAVE 
MENTAL
ILLNESSES
OR
INTELLEC-
TUAL DISABILITIES’’; 
(II) by striking ‘‘State mental re-
tardation’’ and inserting ‘‘State intel-
lectual’’ 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 strik-
ing ‘‘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 
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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 individ-
uals’’ and inserting ‘‘individuals with men-
tal illnesses or intellectual disabilities’’; 
(ii) in subparagraph (B)— 
(I) by striking ‘‘State mental re-
tardation’’ and inserting ‘‘State intel-
lectual’’ each place it appears; 
(II) in clause (ii)— 
(aa) in the clause heading 
by 
striking 
‘‘MENTALLY
RE-
TARDED RESIDENTS’’ and insert-
ing ‘‘RESIDENTS
WITH
INTEL-
LECTUAL DISABILITIES’’; 
(bb) in the matter preceding 
clause (I) by striking ‘‘is men-
tally retarded’’ and inserting 
‘‘has an intellectual disability’’; 
and 
(cc) in subclause (II) by 
striking 
‘‘mental 
retardation’’ 
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and inserting ‘‘an intellectual dis-
ability’’; and 
(III) in clause (iii) by striking 
‘‘mentally ill or mentally retarded 
resident’’ and inserting ‘‘resident who 
has a mental illness or intellectual dis-
ability’’; 
(iii) in subparagraph (C) by striking 
‘‘mental retardation’’ and inserting ‘‘intel-
lectual disability’’ in each place it appears; 
(iv) in subparagraph (E)— 
(I) by striking ‘‘are mentally re-
tarded or mentally ill’’ and inserting 
‘‘have an intellectual disability or 
mental illness’’; and 
(II) by striking ‘‘mental retarda-
tion’’ and inserting ‘‘intellectual dis-
ability’’; and 
(v) in subparagraph (G)— 
(I) in clause (i) by inserting ‘‘or 
have a ‘mental illness’ ’’ after ‘‘ ‘men-
tally ill’ ’’; and 
(II) in clause (ii) by striking ‘‘be 
‘mentally retarded’ if the individual is 
mentally retarded or a person with’’ 
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(1) before the regulation is amended to carry 
out this Act— 
(A) a reference in the regulation to ‘‘men-
tal retardation’’ shall be considered to be a ref-
erence 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 dis-
abilities’’; and 
(2) in amending a regulation to carry out this 
Act, a Federal agency shall ensure that the regula-
tion clearly states— 
(A) that ‘‘an intellectual disability’’ was 
formerly termed ‘‘mental retardation’’; and 
(B) that ‘‘individuals with intellectual dis-
abilities’’ were formerly termed ‘‘the mentally 
retarded’’ or ‘‘individuals who are mentally re-
tarded’’. 
SEC. 4. RULE OF CONSTRUCTION. 
This Act shall be construed to amend Federal law 
to remove the term ‘‘mentally retarded’’ and ‘‘mental re-
tardation’’ without any intent to— 
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(1) change the coverage, eligibility, rights, re-
sponsibilities, 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. 
Æ 
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