I 
119TH CONGRESS 
1ST SESSION H. R. 2958 
To amend the Employee Retirement Income Security Act of 1974 to require 
that the Employee Benefit Security Administration submit an annual 
report to Congress on adverse interest agreements, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 17, 2025 
Mr. RULLI introduced the following bill; which was referred to the Committee 
on Education and Workforce 
A BILL 
To amend the Employee Retirement Income Security Act 
of 1974 to require that the Employee Benefit Security 
Administration submit an annual report to Congress on 
adverse interest agreements, 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 ‘‘Balance the Scales 
Act’’. 
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SEC. 2. REPORT ON ADVERSE INTEREST AGREEMENTS. 
(a) IN GENERAL.—Section 504 of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 1134) 
is amended by adding at the end the following: 
‘‘(f) COLLABORATION
WITH
PLAINTIFF
ATTOR-
NEYS.— 
‘‘(1) IN GENERAL.—In the event that the Sec-
retary provides adverse assistance to an individual, 
prior to providing the adverse assistance, the Sec-
retary shall— 
‘‘(A) enter into a written agreement with 
the individual that details the nature and scope 
of such assistance, and 
‘‘(B) provide a copy of such agreement to 
any employer, plan sponsor, or fiduciary that 
may be directly and adversely impacted by such 
assistance. 
‘‘(2) ADVERSE
ASSISTANCE
DEFINED.—For 
purposes of this subsection, the term ‘adverse assist-
ance’ means assistance or advice, including the dis-
closure of information as described in subsection (a), 
that is directed specifically toward an attorney for 
potential use in a civil action under section 502(a). 
‘‘(3) REPORT.— 
‘‘(A) IN
GENERAL.—Not later than 60 
days after the date of enactment of this sub-
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section, and by December 31 of each year that 
begins after such date, the Secretary shall sub-
mit to Congress a report containing information 
on all agreements to provide adverse assistance 
in effect for the preceding fiscal year, including, 
in relation to each such agreement— 
‘‘(i) a copy of the agreement, with any 
information described in subparagraph 
(B)(ii) redacted; 
‘‘(ii) the date the agreement was en-
tered into; 
‘‘(iii) a detailed description of the na-
ture and scope of the assistance provided 
during the fiscal year, including— 
‘‘(I) the information shared, in-
cluding the source, type, and amount 
of the information, and the date on 
which such information was shared; 
‘‘(II) a log of verbal communica-
tions, including— 
‘‘(aa) the date of each com-
munication; 
‘‘(bb) the parties engaged in 
such communication; 
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‘‘(cc) the mode of commu-
nication; and 
‘‘(dd) the nature of any in-
formation shared; and 
‘‘(III) a log of meetings, includ-
ing— 
‘‘(aa) the date of each meet-
ing; 
‘‘(bb) the parties present at 
the meeting; 
‘‘(cc) mode of the meeting; 
and 
‘‘(dd) the purpose of such 
meeting and the nature of any 
information shared; and 
‘‘(iv) an explanation of how such 
agreement is consistent with the public pol-
icy of promoting the voluntary sponsorship 
of employee benefit plans subject to this 
Act. 
‘‘(B) IDENTIFYING
INFORMATION.—The 
report described under paragraph (A)— 
‘‘(i) shall identify the parties to each 
agreement; and 
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‘‘(ii) may not include any information 
that may be used to identify any other per-
son (including an employer, plan sponsor, 
plan fiduciary, service provider, or any 
other potential defendant).’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—Subject to subsection (b), 
the amendments made by this section shall apply to 
any adverse assistance provided on or after the date 
of enactment of this Act. 
(2) EXISTING AGREEMENTS.—For the purposes 
of section 504(f)(1) (as added by this section) of the 
Employee Retirement Income Security Act (29 
U.S.C. 1134(f)(1)), if, not later than 60 days after 
the date of enactment of this Act, the Secretary of 
Labor takes the actions required in paragraphs (A) 
and (B) of such paragraph in relation to an existing 
arrangement to provide adverse assistance, the Sec-
retary shall be deemed to have taken such actions 
prior to providing such adverse assistance. 
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SEC. 3. PRIVATE PENSION PLANS AS INTEGRAL TO THE 
CONTINUED WELL-BEING AND SECURITY OF 
EMPLOYEES AND THEIR DEPENDANTS. 
Section 2 of the Employee Retirement Income Secu-
rity Act of 1974 (29 U.S.C. 1001) is amended by adding 
at the end the following: 
‘‘(d) Congress finds that the retirement security of 
millions of employees and their dependents is directly im-
pacted by the voluntary sponsorship and maintenance of 
pension plans. It is hereby declared to be a policy of this 
Act to promote, encourage, and facilitate the voluntary es-
tablishment and maintenance of, and contribution to, such 
plans.’’. 
Æ 
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