I 
117TH CONGRESS 
2D SESSION 
H. R. 8886 
To amend the Public Health Service Act, Internal Revenue Code of 1986, 
and Employee Retirement Income Security Act of 1974 to ensure mental 
health and substance use disorder benefits are defined pursuant to exter-
nal benchmarks based on nationally recognized standards. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 19, 2022 
Ms. MOORE of Wisconsin (for herself and Mr. SCHWEIKERT) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committees on Education and Labor, and 
Ways and Means, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To amend the Public Health Service Act, Internal Revenue 
Code of 1986, and Employee Retirement Income Security 
Act of 1974 to ensure mental health and substance use 
disorder benefits are defined pursuant to external bench-
marks based on nationally recognized standards. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Promoting Clarity in 
Mental Health and Substance Use Disorder Treatment 
Act’’. 
SEC. 2. ENSURING MENTAL HEALTH AND SUBSTANCE USE 
DISORDER BENEFITS ARE DEFINED PURSU-
ANT TO EXTERNAL BENCHMARKS BASED ON 
NATIONALLY RECOGNIZED STANDARDS. 
(a) PHSA.—Section 2726(e) of the Public Health 
Service Act (42 U.S.C. 300gg–26(e)) is amended— 
(1) in paragraph (4), by adding at the end the 
following new sentence: ‘‘Any definition of the term 
‘mental health condition’ applied for purposes of the 
previous sentence shall include at least the condi-
tions (other than a substance use disorder) that fall 
under any of the diagnostic categories listed in the 
mental and behavioral disorders chapter of the most 
recent edition of the World Health Organization’s 
International Statistical Classification of Diseases 
and Related Health Problems, or that is listed in the 
most recent version of the American Psychiatric As-
sociation’s Diagnostic and Statistical Manual of 
Mental Disorders.’’; and 
(2) in paragraph (5), by adding at the end the 
following new sentence: ‘‘Any definition of the term 
‘substance use disorder’ applied for purposes of the 
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previous sentence shall include at least the disorders 
that fall under any of the diagnostic categories listed 
in the mental and behavioral disorders chapter of 
the most recent edition of the World Health Organi-
zation’s International Statistical Classification of 
Diseases and Related Health Problems as a mental 
and behavioral disorder due to psychoactive sub-
stance use (or equivalent category), or that is listed 
in the most recent version of the American Psy-
chiatric Association’s Diagnostic and Statistical 
Manual of Mental Disorders as a substance-related 
and addictive disorder (or equivalent category).’’. 
(b) IRC.—Section 9812(e) of the Internal Revenue 
Code of 1986 is amended— 
(1) in paragraph (4), by adding at the end the 
following new sentence: ‘‘Any definition of the term 
‘mental health condition’ applied for purposes of the 
previous sentence shall include at least the condi-
tions (other than a substance use disorder) that fall 
under any of the diagnostic categories listed in the 
mental and behavioral disorders chapter of the most 
recent edition of the World Health Organization’s 
International Statistical Classification of Diseases 
and Related Health Problems, or that is listed in the 
most recent version of the American Psychiatric As-
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sociation’s Diagnostic and Statistical Manual of 
Mental Disorders.’’; and 
(2) in paragraph (5), by adding at the end the 
following new sentence: ‘‘Any definition of the term 
‘substance use disorder’ applied for purposes of the 
previous sentence shall include at least the disorders 
that fall under any of the diagnostic categories listed 
in the mental and behavioral disorders chapter of 
the most recent edition of the World Health Organi-
zation’s International Statistical Classification of 
Diseases and Related Health Problems as a mental 
and behavioral disorder due to psychoactive sub-
stance use (or equivalent category), or that is listed 
in the most recent version of the American Psy-
chiatric Association’s Diagnostic and Statistical 
Manual of Mental Disorders as a substance-related 
and addictive disorder (or equivalent category).’’. 
(c) ERISA.—Section 712(e) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C. 1185a(e)) 
is amended— 
(1) in paragraph (4), by adding at the end the 
following new sentence: ‘‘Any definition of the term 
‘mental health condition’ applied for purposes of the 
previous sentence shall include at least the condi-
tions (other than a substance use disorder) that fall 
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under any of the diagnostic categories listed in the 
mental and behavioral disorders chapter of the most 
recent edition of the World Health Organization’s 
International Statistical Classification of Diseases 
and Related Health Problems, or that is listed in the 
most recent version of the American Psychiatric As-
sociation’s Diagnostic and Statistical Manual of 
Mental Disorders.’’; and 
(2) in paragraph (5), by adding at the end the 
following new sentence: ‘‘Any definition of the term 
‘substance use disorder’ applied for purposes of the 
previous sentence shall include at least the disorders 
that fall under any of the diagnostic categories listed 
in the mental and behavioral disorders chapter of 
the most recent edition of the World Health Organi-
zation’s International Statistical Classification of 
Diseases and Related Health Problems as a mental 
and behavioral disorder due to psychoactive sub-
stance use (or equivalent category), or that is listed 
in the most recent version of the American Psy-
chiatric Association’s Diagnostic and Statistical 
Manual of Mental Disorders as a substance-related 
and addictive disorder (or equivalent category).’’. 
(d) IMPLEMENTATION.—The Secretaries of Labor, 
Health and Human Services, and the Treasury may imple-
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ment the provisions of, including the amendments made 
by, this section through interim final rule, sub-regulatory 
guidance, program instruction, or otherwise. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to plan years begin-
ning on or after the date that is 6 months after the date 
of the enactment of this Act. 
Æ 
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