[Senate Report 119-32]
[From the U.S. Government Publishing Office]
Calendar No. 102
119th Congress } { Report
1st Session } SENATE { 119-32
_______________________________________________________________________
ADVANCING DIGITAL SUPPORT FOR MENTAL HEALTH SERVICES ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 414
June 24, 2025.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
59-010 WASHINGTON : 2025
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred nineteenth congress
first session
TED CRUZ, Texas, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROGER F. WICKER, Mississippi AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
TODD YOUNG, Indiana TAMMY DUCKWORTH, Illinois
TED BUDD, North Carolina JACKY ROSEN, Nevada
ERIC SCHMITT, Missouri BEN RAY LUJAN, New Mexico
JOHN CURTIS, Utah JOHN W. HICKENLOOPER, Colorado
BERNIE MORENO, Ohio JOHN FETTERMAN, Pennsylvania
TIM SHEEHY, Montana ANDY KIM, New Jersey
SHELLEY MOORE CAPITO, West Virginia LISA BLUNT ROCHESTER, Delaware
CYNTHIA M. LUMMIS, Wyoming
Brad Grantz, Majority Staff Director
Lila Harper Helms, Democratic Staff Director
Calendar No. 102
119th Congress } { Report
SENATE
1st Session } { 119-32
======================================================================
ADVANCING DIGITAL SUPPORT FOR
MENTAL HEALTH SERVICES ACT
_______
June 24, 2025.--Ordered to be printed
_______
Mr. Cruz, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 414]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 414) to require covered digital
advertising platforms to report their public service
advertisements, having considered the same, reports favorably
thereon with an amendment (in the nature of a substitute) and
recommends that the bill (as amended) do pass.
PURPOSE OF THE BILL
The purpose of S. 414 is to require social media platforms
that derive revenue from advertising to submit an annual report
to the Federal Trade Commission (FTC) that provides certain
statistics, including the number, percentage, and value of
public service advertisements on the platform. The FTC is
required to submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a publicly available
report summarizing the information reported by the platforms.
BACKGROUND AND NEEDS
Children, especially young girls, face unique challenges
amid an ongoing mental health crisis in the United States that
are exacerbated by social media. Data from the Youth Risk
Behavior Survey conducted by the U.S. Centers for Disease
Control and Prevention show that 77 percent of high school
students reported frequent social media use.\1\ Of those who
were identified as frequent social media users, 55 percent of
high school girls and 29 percent of high school boys felt
persistently sad or hopeless in 2021. Frequent social media
users also reported high suicide risk, with 22 percent of all
high school students--and nearly a third of high school girls--
reporting they had seriously considered attempting suicide in
the preceding year.\2\
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\1\Emily Young et al., Frequent Social Media Use and Experiences
with Bullying Victimization, Persistent Feelings of Sadness or
Hopelessness, and Suicide Risk Among High School Students--Youth Risk
Behavior Survey, United States, 2023, Centers for Disease Control and
Prevention, October 10, 2024, at p. 25 (https://www.cdc.gov/mmwr/
volumes/73/su/su7304a3.htm).
\2\Ibid. at 27. See supra n. 1.
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A May 2023 advisory by the U.S. Surgeon General stated that
up to 95 percent of youth between ages 13 and 17 reported using
social media, with over a third using it ``almost
constantly.''\3\ Teens who spend more than 3 hours per day on
social media face twice the risk of poor mental health
outcomes, including symptoms of depression and anxiety.\4\
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\3\Office of the Surgeon General, Social Media and Youth Mental
Health: The U.S. Surgeon General's Advisory, Department of Health and
Human Services, 2023, at 4 (https://www.hhs.gov/sites/default/files/sg-
youth-mental-health-social-media-advisory.pdf).
\4\Ibid. at 6.
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Harm, including mental health harm, to children from social
media has also been a focus of this Committee as the subject of
multiple hearings before the full Committee and the
Subcommittee on Consumer Protection, Product Safety, and Data
Security.
On October 5, 2021, the Subcommittee on Consumer
Protection, Product Safety, and Data Security heard from a
whistleblower and former Facebook (now Meta) employee who
testified that Meta prioritized user engagement, which fueled
growth and profit, over the well-being of young users. The
witness also testified that Meta's policies, practices, and
research on the harms its platforms cause to youth are not
transparent, either to the public or independent
researchers.\5\
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\5\Prepared statement of Frances Haugen, submitted to the Senate
Committee on Commerce, Science, and Transportation, Subcommittee on
Consumer Protection, Data Security, and
Product Safety, for hearing on ``Protecting Kids Online: Testimony from
a Facebook Whistleblower,'' 117th Congress, October 5, 2021 (https://
www.commerce.senate.gov/2021/10/
protecting%20kids%20online:%20testimony%20from%20a%20facebook%20whistleb
lower).
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The subcommittee held other hearings on September 30,
2021,\6\ October 26, 2021,\7\ and December 8, 2021,\8\ to
examine how online platforms--particularly social media
platforms--harm young users. The hearings revealed that
external oversight and regulation is needed to ensure the
safety of minors online because the platforms have not
sufficiently protected them on their own.
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\6\Hearing on ``Protecting Kids Online: Facebook, Instagram, and
Mental Health Harms,'' Senate Committee on Commerce, Science, and
Transportation, Subcommittee on Consumer Protection, Product Safety,
and Data Security, 117th Congress, September 30, 2021 (https://
www.commerce.senate.gov/2021/9/protecting-kids-online-facebook-
instagram-and-mental-health-harms).
\7\Hearing on ``Protecting Kids Online: Snapchat, TikTok, and
YouTube,'' Senate Committee on Commerce, Science, and Transportation,
Subcommittee on Consumer Protection, Product Safety, and Data Security,
117th Congress, October 26, 2021 (https://www.commerce.senate.gov/2021/
10/protecting-kids-online-snapchat-tiktok-and-youtube).
\8\Hearing on ``Protecting Kids Online: Instagram and Reforms for
Young Users,'' Senate Committee on Commerce, Science, and
Transportation, Subcommittee on Consumer Protection, Product Safety,
and Data Security, 117th Congress, December 8, 2021 (https://
www.commerce.senate.gov/2021/12/protecting-kids-online-instagram-and-
reforms-for-young-users).
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The purpose of S. 414 is to respond, in part, to concerns
that online platforms have not taken appropriate steps to
protect children or teens online. The bill would require
transparency regarding public service advertisements provided
by the platforms. By increasing transparency, S. 414 would
incentivize platforms to promote mental health public service
advertisements and other healthy resources and messages.
SUMMARY OF PROVISIONS
S. 414 would do the following:
Require covered digital advertising platforms to
submit to the FTC an annual report that includes data
on the number, percentage, and value estimates of
public service advertisements promoting mental or
behavioral health resources on the platform in the
preceding year, and how such advertisements meet the
Act's definition for public service advertisement. The
report would also include information on the number of
public service advertisements that promote local or
regional or free mental or behavioral health care
resources.
Require the FTC to submit to the Senate Committee on
Commerce, Science, and Transportation and House
Committee on Energy and Commerce a publicly available
report summarizing the information reported by the
platforms.
LEGISLATIVE HISTORY
S. 414, the ADS for Mental Health Services Act, was
introduced on February 5, 2025, by Senator Sullivan (for
himself and Senator Peters) and was referred to the Committee
on Commerce, Science, and Transportation of the Senate. On
March 12, 2025, the Committee met in open Executive Session
and, by voice vote, ordered S. 414 to be reported favorably
with an amendment (in the nature of a substitute).
118th Congress
S. 2423, the ADS for Mental Health Services Act, was
introduced on July 20, 2023, by Senator Sullivan (for himself
and Senator Peters) and was referred to the Committee on
Commerce, Science, and Transportation of the Senate.
ESTIMATED COSTS
In compliance with subsection (a)(3) of paragraph 11 of
rule XXVI of the Standing Rules of the Senate, the Committee
has determined the preliminary cost estimate provided by the
Congressional Budget Office is sufficient to dispense with the
requirements of subparagraphs (1) and (2).
The Committee notes that the Congressional Budget Office
provided the following informal cost estimate by email:
REGULATORY IMPACT STATEMENT
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
Number of Persons Covered
Title I of S. 414 would cover the following entities and
any employees retained by them: covered digital advertising
platforms, which is defined by section 2 of S. 414, and the
FTC.
Economic Impact
S. 414 is expected to have a minimal economic impact on the
entities providing the reports to the FTC.
Privacy
S. 414 is not expected to have an impact on privacy.
Paperwork
S. 414 is expected to have some impact on paperwork for
covered platforms. Production of paperwork is necessary for
complying with the obligations in the bill for covered
platforms to provide certain statistics to the FTC regarding
public service advertisements.
CONGRESSIONALLY DIRECTED SPENDING
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title.
This section would provide that the bill may be cited as
the ``Advancing Digital Support for Mental Health Services
Act'' or the ``ADS for Mental Health Services Act''.
Section 2. Digital advertising platforms public service advertising
reporting.
Subsection (a) would require a covered social media
platform to submit to the FTC an annual report that includes
the following:
The number and percentage of public service
advertisements out of total advertisements on the
platform in the previous 12 months;
The estimated dollar value of such public service
advertisements;
The number of public service advertisements that
focus on local or regional mental and behavioral health
care resources;
The number of such public service advertisements
that promote free mental or behavioral health care
resources; and
A description of how such advertisements meet the
definition of a public service advertisement.
Subsection (b) would require the FTC, no later than 180
days after receiving the reports required in subsection 2(a)
and annually thereafter, to submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a publicly available report summarizing the
information reported to the FTC.
Subsection (c) would define the terms ``Commission'',
``public service advertisement'', ``covered digital advertising
platform'', and ``user''.
Subsection (d) would clarify that nothing in this Act shall
be construed to supersede any applicable privacy or data
security laws.
Subsection (e) would provide that the Act terminates 5
years after the date of enactment.
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
bill as reported would make no change to existing law.