I 
119TH CONGRESS 
1ST SESSION H. R. 3758 
To amend the Employee Retirement Income Security Act of 1974 to establish 
parity in the treatment of behavioral health and physical health condi-
tions under disability benefit plans. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 5, 2025 
Mr. DESAULNIER (for himself and Mr. SCOTT of Virginia) introduced the fol-
lowing bill; which was referred to the Committee on Education and Work-
force 
A BILL 
To amend the Employee Retirement Income Security Act 
of 1974 to establish parity in the treatment of behavioral 
health and physical health conditions under disability 
benefit plans. 
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 ‘‘Workers’ Disability 
Benefits Parity Act of 2025’’. 
SEC. 2. FINDINGS; SENSE OF CONGRESS. 
(a) FINDINGS.—The Congress finds the following: 
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(1) The Advisory Council on Employee Welfare 
and Pension Benefit Plans (‘‘ERISA Advisory Coun-
cil’’) was established pursuant to section 512 of the 
Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1142) to provide advice and rec-
ommendations to the Secretary of Labor. 
(2) In 2023, the ERISA Advisory Council pub-
lished a report to the Secretary entitled ‘‘Long-Term 
Disability Benefits and Mental Health Disparity’’. 
(3) This report found that discriminatory ben-
efit limitations—including duration limits found in 
nearly all long-term disability benefit plans—impede 
access to disability benefits for workers whose dis-
ability is caused by a behavioral health condition. 
(4) The report called for the Secretary to work 
with Congress to ensure that there is parity in dis-
ability benefits provided to workers. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) benefit limitations for workers whose dis-
ability is caused by a behavioral health condition are 
discriminatory; and 
(2) disability benefits should be provided with-
out regard to the cause of a worker’s disability. 
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TITLE I—ERISA AMENDMENTS 
SEC. 101. PARITY IN DISABILITY PLAN REQUIREMENTS. 
(a) IN GENERAL.—Subtitle B of title I of the Em-
ployee Retirement Income Security Act of 1974 (29 
U.S.C. 1021 et seq.) is amended by adding at the end 
the following new part: 
‘‘PART 9—DISABILITY BENEFIT PLAN 
REQUIREMENTS 
‘‘SEC. 901. DEFINITIONS. 
‘‘For purposes of this part: 
‘‘(1) DISABILITY
BENEFIT.—The term ‘dis-
ability benefit’ means payment provided to a partici-
pant or beneficiary as a result of the loss of earning 
capacity resulting from injury or sickness. 
‘‘(2) DISABILITY
BENEFIT
PLAN.—The term 
‘disability benefit plan’ means an employee welfare 
benefit plan that provides a disability benefit to par-
ticipants or beneficiaries directly or through insur-
ance or otherwise. 
‘‘(3) MENTAL HEALTH CONDITION.—The term 
‘mental health condition’ means any condition (other 
than a substance use disorder) that falls under any 
of the diagnostic categories listed in the mental, be-
havioral, and neurodevelopmental disorders chapter 
(or equivalent chapter) of the current version of the 
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World Health Organization’s International Statis-
tical Classification of Diseases and Related Health 
Problems (or a successor publication), or that is list-
ed in the current version of the American Psy-
chiatric Association’s Diagnostic and Statistical 
Manual of Mental Disorders (or a successor publica-
tion). 
‘‘(4) SUBSTANCE
USE
DISORDER.—The term 
‘substance use disorder’ means any disorder that 
falls under any of the diagnostic categories listed as 
a mental or behavioral disorder due to psychoactive 
substance use (or equivalent category) in the mental, 
behavioral, and neurodevelopmental disorders chap-
ter of the current version of the World Health Orga-
nization’s International Statistical Classification of 
Diseases and Related Health Problems (or a suc-
cessor publication) or that is listed as a Substance- 
Related and Addictive Disorder (or equivalent cat-
egory) in the current version of the American Psy-
chiatric Association’s Diagnostic and Statistical 
Manual of Mental Disorders (or a successor publica-
tion). 
‘‘SEC. 902. PARITY REQUIREMENT FOR DISABILITY BENE-
FITS. 
‘‘A disability benefit plan— 
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‘‘(1) may not place a limitation, exclusion, or 
other restriction on benefits relating to a disability 
arising from a mental health condition or substance 
use disorder that is more restrictive than those ap-
plicable to benefits relating to a disability arising 
from a physical health condition; and 
‘‘(2) shall consider any physical health condi-
tion suffered by an individual that is caused by a 
disability arising from a mental health condition or 
a substance use disorder to be part of such dis-
ability.’’. 
(b) CIVIL MONETARY PENALTIES.—Section 502(c) of 
such Act is amended by adding at the end the following: 
‘‘(13) CIVIL
PENALTIES
FOR
VIOLATIONS
OF 
PART 9.— 
‘‘(A) IN
GENERAL.—The Secretary may 
assess a civil penalty against any sponsor, ad-
ministrator, service provider, or any other per-
son or entity (except for a plan) who violates, 
or knowingly causes or conceals a violation of, 
part 9 of this title. 
‘‘(B) AMOUNT.—The amount of the pen-
alty imposed by subparagraph (A) shall be 
equal to the amount of the penalty described in 
paragraph (10)(B) for each day in the non-
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compliance period described in subparagraph 
(C) with respect to each participant or bene-
ficiary to whom such violation relates. 
‘‘(C) NONCOMPLIANCE
PERIOD.—In this 
paragraph, the term ‘noncompliance period’ 
means, with respect to a violation described in 
subparagraph (A), the period— 
‘‘(i) beginning on the date the viola-
tion occurs; and 
‘‘(ii) ending on the date the violation 
is corrected.’’. 
SEC. 102. AUTHORITY TO COLLECT CIVIL MONETARY PEN-
ALTIES. 
Section 502(a)(6) of the Employee Retirement In-
come Security Act of 1974 is amended to read as follows: 
‘‘(6) by the Secretary to collect any civil penalty 
under this title;’’. 
TITLE 
II—ADDITIONAL 
DIS-
ABILITY 
PARITY 
REQUIRE-
MENTS 
SEC. 201. DEFINITIONS. 
In this title: 
(1) ADMINISTRATOR.—The term ‘‘adminis-
trator’’ has the meaning given the term in section 
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3(16)(A) of the Employee Retirement Income Secu-
rity Act of 1974 (29 U.S.C. 1002(16)(A)). 
(2) EMPLOYER.—The term ‘‘employer’’ has the 
meaning given the term in section 3(5) of the Em-
ployee Retirement Income Security Act of 1974 (29 
U.S.C. 1002(5)). 
(3) 
GOVERNMENTAL
EMPLOYEE
BENEFIT 
PLAN.—The term ‘‘governmental employee benefit 
plan’’ has the meaning given ‘‘governmental plan’’ in 
section 3(32) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1002(32)), except 
that such term shall not include a plan established 
or maintained for its employees by the Government 
of the United States, or any agency or instrumen-
tality thereof. 
(4) ISSUER.—The term ‘‘issuer’’ means an in-
surance company, insurance service, or insurance or-
ganization, which is licensed to engage in the busi-
ness of insurance in a State and which is subject to 
State law which regulates insurance (within the 
meaning of section 514(b)(2) of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 
1144(b)(2))). Such term does not include an em-
ployee benefit plan (as defined under section 3(3) of 
such Act (29 U.S.C. 1002(3))). 
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(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Labor. 
(6) STATE.—The term ‘‘State’’ includes— 
(A) the 50 States; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
(D) the Virgin Islands; 
(E) Guam; 
(F) American Samoa; and 
(G) the Commonwealth of the Northern 
Mariana Islands. 
(7) ADDITIONAL
ERISA
TERMS.—The terms 
‘‘disability benefit’’, ‘‘disability benefit plan’’, ‘‘men-
tal health condition’’, and ‘‘substance use disorder’’ 
have the meanings given the terms in section 901 of 
the Employee Retirement Income Security Act. 
(8) OTHER ERISA TERMS.—The terms ‘‘admin-
istrator’’, ‘‘employer’’, and ‘‘State’’ have the mean-
ings given the terms in section 3 of such Act. 
SEC. 202. REQUIREMENT FOR PARITY IN WORKERS’ DIS-
ABILITY BENEFITS. 
In the case of any governmental employee benefit 
plan or issuer that provides disability benefits to an indi-
vidual, such a plan or issuer— 
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(1) may not place a limitation, exclusion, or 
other restriction on benefits relating to a disability 
arising from a mental health condition or substance 
use disorder that is more restrictive than those ap-
plicable to benefits relating to a disability arising 
from a physical health condition; and 
(2) shall consider any physical health condition 
suffered by an individual that is caused by a dis-
ability arising from a mental health condition or a 
substance use disorder to be part of such disability. 
SEC. 203. ENFORCEMENT. 
(a) STATE ENFORCEMENT.— 
(1) STATE AUTHORITY.—With respect to dis-
ability benefits provided by an issuer, each State 
may require that issuers that issue, sell, renew, or 
offer disability benefits in the State meet the re-
quirements of this title with respect to such issuers. 
(2) FAILURE TO IMPLEMENT PROVISIONS.—In 
the case of a determination by the Secretary that a 
State has failed to substantially enforce the require-
ments of this title with respect to insurance issuers 
in the State, the Secretary shall enforce such re-
quirements. 
(b) SECRETARIAL ENFORCEMENT AUTHORITY.— 
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(1) IN GENERAL.—If a governmental employee 
benefit plan or an issuer in a State described in sub-
section (a)(2) is found by the Secretary to fail to 
meet the requirements of this title, the Secretary 
may assess a civil monetary penalty against the re-
sponsible entity described in paragraph (3) with re-
spect to such violation. 
(2) CIVIL PENALTY.— 
(A) IN GENERAL.—The Secretary may as-
sess a civil penalty described in paragraph (1) 
against any sponsor, administrator, service pro-
vider, or any other person or entity (except for 
a plan) who violates, or knowingly causes or 
conceals a violation of, this title. 
(B) AMOUNT.—The amount of the penalty 
imposed by subparagraph (A) shall be equal the 
penalty 
amount 
described 
in 
section 
502(c)(10)(B) of the Employee Retirement In-
come Security Act of 1974 (29 U.S.C. 
1132(c)(10)(B)) for each day in the noncompli-
ance period described in subparagraph (C) with 
respect to each participant or beneficiary to 
whom such violation relates. 
(C) NONCOMPLIANCE
PERIOD.—In this 
paragraph, the term ‘‘noncompliance period’’ 
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means, with respect to a violation described in 
subparagraph (A), the period— 
(i) beginning on the date the violation 
occurs; and 
(ii) ending on the date the violation is 
corrected. 
(3) RESPONSIBLE
ENTITY.—The responsible 
entity described in this paragraph is, in the case of 
a failure to meet the requirements of this title by— 
(A) an issuer, such issuer; or 
(B) a governmental employee benefit plan 
that is— 
(i) sponsored by 2 or more employers, 
the plan administrator; or 
(ii) not so sponsored, the employer. 
(4) ADDITIONAL AUTHORITY.—All powers, rem-
edies, and authority described in part 5 of the Em-
ployee Retirement Income Security Act shall be 
available to the Secretary with respect to any viola-
tion of this title by a governmental employee benefit 
plan or an issuer described in subsection (a)(2). 
(c) RIGHT OF ACTION.—Any individual who is ag-
grieved by the failure of a governmental employee benefit 
plan or issuer, with respect to disability benefits, to comply 
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with the requirements of this title may bring an action 
in State or Federal court for appropriate equitable relief. 
SEC. 204. CONTINUED APPLICABILITY OF STATE LAW. 
This title shall not be construed to supersede any pro-
vision of State law that establishes, implements, or con-
tinues in effect any requirement or prohibition with re-
spect to disability benefits except to the extent that such 
requirement or prohibition prevents the application of this 
title. 
TITLE III—IMPLEMENTATION BY 
SECRETARY OF LABOR 
SEC. 301. IMPLEMENTATION OF ERISA ADVISORY COUNCIL 
RECOMMENDATIONS. 
(a) STUDY.—Not later than 18 months after the date 
of enactment of the Worker’s Disability Benefits Parity 
Act of 2025, the Secretary shall carry out a study on the 
cost to plan sponsors of providing disability benefits to 
participants and beneficiaries whose disability is caused by 
a behavioral health condition, including an actuarial anal-
ysis of such cost. 
(b) EDUCATION.—Not later than 18 months after the 
date of enactment of the Worker’s Disability Benefits Par-
ity Act of 2025, the Secretary shall conduct outreach and 
provide information to plan sponsors on the effect of dura-
tion limits on access to benefits by participants and bene-
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ficiaries with mental health and substance use disorder 
conditions. 
SEC. 302. IMPLEMENTATION AUTHORITY. 
The Secretary of Labor may issue such regulations 
as may be necessary or appropriate to carry out the provi-
sions of this Act. The Secretary may issue sub-regulatory 
guidance and promulgate any interim final rules as the 
Secretary determines are appropriate to carry out this 
Act. 
SEC. 303. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated $10,000,000 
for each fiscal year that begins in the 5-year period begin-
ning on the date of enactment of this Act. 
SEC. 304. EFFECTIVE DATE. 
(a) IN GENERAL.—The amendments made by this 
Act shall apply to plan years that begin after the date 
that is 18 months after the date of enactment of this Act. 
(b) SPECIAL RULE FOR COLLECTIVE BARGAINING 
AGREEMENTS.—In the case of a plan maintained pursu-
ant to one or more collective bargaining agreements be-
tween employee representatives and one or more employers 
ratified before the date of the enactment of this Act, the 
amendments made by this section shall not apply to plan 
years beginning before the later of— 
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(1) the date on which the last of the collective 
bargaining agreements relating to the plan termi-
nates (determined without regard to any extension 
thereof agreed to after the date of the enactment of 
this Act), or 
(2) 18 months after the date of enactment of 
this Act. 
For purposes of paragraph (1), any plan amendment made 
pursuant to a collective bargaining agreement relating to 
the plan that amends the plan solely to conform to any 
requirement added by this section shall not be treated as 
a termination of such collective bargaining agreement. 
Æ 
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