Stop the Scroll Act

Bill: 118-s-5150
Sponsor: full_name: Sen. Britt, Katie Boyd [R-AL]
Introduced: 2024-09-24
Policy area: Commerce
Latest action: action_date: 2024-09-24
text: Read twice and referred to the Committee on Commerce, Science, and Transportation. (Sponsor introductory remarks on measure: CR S6371-6372)

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 5150 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.

1. Short title This Act may be cited as the Stop the Scroll Act . 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. 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. 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. 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. 6. Effective date This Act shall take effect on the date that is 1 year after the date of enactment of this Act.