[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5150 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5150
To require the Federal Trade Commission, with the concurrence of the
Secretary of Health and Human Services acting through the Surgeon
General, to implement a mental health warning label on social media
platforms, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 24, 2024
Mrs. Britt (for herself and Mr. Fetterman) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require the Federal Trade Commission, with the concurrence of the
Secretary of Health and Human Services acting through the Surgeon
General, to implement a mental health warning label on social media
platforms, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop the Scroll Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Social media platform use is associated with risks to
the physical and mental health of users, including exposure to
bullying, online harassment and abuse, discrimination, and
child sexual exploitation.
(2) Product warning labels can increase awareness of
negative impacts and can change behavior.
(3) Extended use of social media, which addictive
algorithms encourage, contributes to negative health impacts
caused by social medial platforms.
(4) The Federal Government has a compelling interest in
ensuring that users of a social media platform can make
informed decisions about the amount of time the user spends on
the social media platform, which requires an understanding of
the mental health risks involved with using a social media
platform.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(3) Social media platform.--The term ``social media
platform'' has the meaning given such term in section 124 of
the Trafficking Victims Prevention and Protection
Reauthorization Act of 2022 (42 U.S.C. 1862w).
(4) User.--The term ``user'' means, with respect to a
social media platform, a person who registers an account with,
creates a profile on, or otherwise accesses the social media
platform.
SEC. 4. WARNING LABEL.
(a) In General.--A social media platform shall ensure that a mental
health warning label (referred to in this section as a ``covered
label'') that complies with the requirements under this section,
including the regulations promulgated under subsection (d)--
(1) appears each time a user accesses the social media
platform from a server located in the United States; and
(2) only disappears when the user--
(A) exits the social media platform; or
(B) acknowledges the potential for harm and chooses
to proceed to the social media platform despite the
risk.
(b) Content of Covered Label.--A covered label shall--
(1) warn the user of potential negative mental health
impacts of accessing the social media platform; and
(2) provide the user access to resources to address the
potential negative mental health impacts described in paragraph
(1), including the website and telephone number of a national
suicide prevention and mental health crisis hotline system,
such as the 988 Suicide and Crisis Lifeline.
(c) Restrictions on Form.--A social media platform may not--
(1) include a covered label exclusively in the terms and
conditions of the social media platform;
(2) include extraneous information in a covered label that
obscures the visibility or prominence of the covered label; or
(3) allow a user to disable a covered label, except as
provided in subsection (a).
(d) Implementation.--Not later than 180 days after the date of
enactment of this Act, the Commission, with the concurrence of the
Secretary acting through the Surgeon General, shall promulgate
regulations containing appropriate requirements for a covered label.
(e) Review.--Not later than 3 years after the date on which the
Commission promulgates the regulations required by subsection (d), and
not less frequently than once every 3 years thereafter, the Commission,
with the concurrence of the Secretary acting through the Surgeon
General, shall review and revise such regulations as appropriate.
SEC. 5. ENFORCEMENT.
(a) Enforcement by the Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this Act or a regulation promulgated under this Act by a social
media platform shall be treated as a violation of a rule
defining an unfair or deceptive act or practice prescribed
under section 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)).
(2) Powers of the commission.--
(A) In general.--Except as provided in subparagraph
(C), the Commission shall enforce this Act in the same
manner, by the same means, and with the same
jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act.
(B) Privileges and immunities.--Except as provided
in subparagraph (C), any person who violates this Act
shall be subject to the penalties and entitled to the
privileges and immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(C) Nonprofit organizations and common carriers.--
Notwithstanding section 4 or 5(a)(2) of the Federal
Trade Commission Act (15 U.S.C. 44, 45(a)(2)) or any
jurisdictional limitation of the Commission, the
Commission shall also enforce this Act, in the same
manner provided in subparagraphs (A) and (B) of this
paragraph, with respect to--
(i) organizations not organized to carry on
business for their own profit or that of their
members; and
(ii) common carriers subject to the
Communications Act of 1934 (47 U.S.C. 151 et
seq.).
(D) Authority preserved.--Nothing in this Act shall
be construed to limit the authority of the Commission
under any other provision of law.
(E) Rulemaking.--The Commission, with the
concurrence of the Secretary acting through the Surgeon
General, shall promulgate in accordance with section
553 of title 5, United States Code, such rules as may
be necessary to carry out this Act.
(b) Enforcement by States.--
(1) Authorization.--Subject to paragraph (3), in any case
in which the attorney general of a State has reason to believe
that an interest of the residents of the State has been or is
threatened or adversely affected by the engagement of a social
media platform in a practice that violates this Act, the
attorney general of the State may, as parens patriae, bring a
civil action against the social media platform on behalf of the
residents of the State in an appropriate district court of the
United States to obtain appropriate relief, including civil
penalties in the amount determined under paragraph (2).
(2) Civil penalties.--A social media platform that is
found, in an action brought under paragraph (1), to have
knowingly or repeatedly violated this Act shall, in addition to
any other penalty otherwise applicable to a violation of this
Act, be liable for a civil penalty equal to the amount
calculated by multiplying--
(A) the greater of--
(i) the number of days during which the
social media platform was not in compliance
with this Act; or
(ii) the number of end users for whom the
covered label was not displayed as a result of
the violation; by
(B) an amount not to exceed the maximum civil
penalty for which a person, partnership, or corporation
may be liable under section 5(m)(1)(A) of the Federal
Trade Commission Act (15 U.S.C. 45(m)(1)(A)) (including
any adjustments for inflation).
(3) Rights of the commission.--
(A) Notice to the commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Commission in writing that the
attorney general intends to bring a civil
action under paragraph (1) before initiating
the civil action.
(ii) Contents.--The notification required
under clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required under clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the
Commission immediately upon instituting the
civil action.
(B) Intervention by the commission.--The Commission
may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal of a
decision in the civil action.
(4) Investigatory powers.--Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to--
(A) conduct investigations;
(B) administer oaths or affirmations; or
(C) compel the attendance of witnesses or the
production of documentary or other evidence.
(5) Preemptive action by the commission.--If the Commission
institutes a civil action or an administrative action with
respect to a violation of this Act, the attorney general of a
State may not, during the pendency of such action, bring a
civil action under paragraph (1) against any defendant named in
the complaint of the Commission based on the same set of facts
giving rise to the alleged violation with respect to which the
Commission instituted the action.
(6) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) another court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(7) Actions by other state officials.--
(A) In general.--In addition to a civil action
brought by an attorney general under paragraph (1), any
other consumer protection officer of a State who is
authorized by the State to do so may bring a civil
action under paragraph (1), subject to the same
requirements and limitations that apply under this
subsection to a civil action brought by an attorney
general.
(B) Savings provision.--Nothing in this subsection
may be construed to prohibit an authorized official of
a State from initiating or continuing any proceeding in
a court of the State for a violation of any civil or
criminal law of the State.
(c) Extraterritorial Jurisdiction.--There is extraterritorial
jurisdiction over any violation of this Act if such violation involves
an individual in the United States or if any act in furtherance of the
violation was committed in the United States.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect on the date that is 1 year after the
date of enactment of this Act.
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