,,ii  #aagth ,,congress  #b;d ,session  
,s4 #cfjh  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,february #i1  
#bjbb,ms4 ,klobuchar 7for herself and   
,ms4 ,lummis7 introduced the following  
bill2 which was read twice and referred 
to the ,committee on ,commerce1         
,science1 and ,transportation  ,a ,,bill
  ,to require the ,federal ,trade       
,commission to identify content-agnostic
 platform interventions to reduce the   
harm of algorithmic amplification and   
social media addiction on covered       
platforms1 and for other purposes4  #a4 
,short title ,this ,act may be cited as 
the ,nudging ,users to ,drive ,good     
,experiences on ,social ,media ,act or  
the ,social ,media ,,nudge ,act4  #b4   
,findings ,congress finds the following3
 7#a7 ,social media platforms can have  
significant impacts on their users1 both
 positive and negative4 ,however1 social
 media usage can be associated with     
detrimental outcomes1 including on a    
user's mental and physical health4      

,design decisions made by social media  
platforms1 such as decisions affecting  
the content a user might see on a social
 media platform1 may drive or exacerbate
 these negative or detrimental outcomes4
  7#b7 ,viral harmful content often     
spreads on social media platforms4      
,social media platforms do not          
consistently enforce their terms of     
service and content policies1 leading to
 supposedly prohibited content often    
being shown to users and amplified by   
such platforms4  7#c7 ,social media     
platforms often rely heavily on         
automated measures for content detection
 and moderation4 ,these social media    
platforms may rely on such automated    
measures due to the large quantity of   
user-generated content on their         
platforms4 ,however1 evidence suggests  
that even state-of-the-art automated    
content moderation systems currently do 
not fully address the harmful content on
 social media platforms4  7#d7          
,significant research has found that    

content-agnostic interventions1 if made 
by social media platforms1 may help     
significantly mitigate these issues4    
,these interventions could be readily   
implemented by social media platforms to
 provide safer user experiences4 ,such  
interventions include the following3    
7,a7 ,nudges to users and increased     
platform viewing options1 such as screen
 time alerts and grayscale phone        
settings1 which may reduce addictive    
platform usage patterns and improve user
 experiences online4  7,b7 ,labels and  
alerts that require a user to read or   
review user-generated content before    
sharing such content4  7,c7 ,prompts to 
users1 which may help users identify    
manipulative and microtargeted          
advertisements4  7,d7 ,other            
research-supported content-agnostic     
interventions4  7#e7 ,evidence suggests 
that increased adoption of              
content-agnostic interventions would    
lead to improved outcomes of social     
media usage4 ,however1 social media     

platforms may be hesitant to            
independently implement content-agnostic
 interventions that will reduce negative
 outcomes associated with social media  
use4  #c4 ,study on content-agnostic    
interventions  7a7 ,study ,to identify  
content-,agnostic interventions ,the    
,director of the ,national ,science     
,foundation 7in this section referred to
 as the ,director7 shall enter into an  
agreement with the ,national ,academies 
of ,sciences1 ,engineering1 and         
,medicine 7in this section referred to  
as the ,academies7 to conduct ongoing   
studies to identify content-agnostic    
interventions that covered platforms    
could implement to reduce the harms of  
algorithmic amplification and social    
media addiction on covered platforms4   
,the initial study shall-- 7#a7 identify
 ways to define and measure the negative
 mental or physical health impacts      
related to social media1 including harms
 related to algorithmic amplification   
and social media addiction1 through a   

review of-- 7,a7 a wide variety of      
studies1 literature1 reports1 and other 
relevant materials created by academic  
institutions1 civil society groups1 and 
other appropriate sources2 and  7,b7    
relevant internal research conducted by 
a covered platform or third-party       
research in the possession of a covered 
platform that is voluntarily submitted  
to the ,academies by the covered        
platform 7through a process1 established
 by the ,academies1 with appropriate    
privacy safeguards72  7#b7 identify     
research-based content-agnostic         
interventions1 such as reasonable limits
 on account creation and content        
sharing1 to combat problematic          
smartphone use and other negative mental
 or physical health impacts related to  
social media1 including through a review
 of the materials described in          
subparagraphs 7,a7 and 7,b7 of paragraph
 7#a72  7#c7 provide recommendations on 
how covered platforms may be separated  
into groups of similar platforms for the

 purpose of implementing                
content-agnostic interventions1 taking  
into consideration factors including any
 similarity among the covered platforms 
with respect to-- 7,a7 the number of    
monthly active users of the covered     
platform and the growth rate of such    
number2  7,b7 how user-generated content
 is created1 shared1 amplified1 and     
interacted with on the covered platform2
  7,c7 how the covered platform         
generates revenue2 and  7,d7 other      
relevant factors for providing          
recommendations on how covered platforms
 may be separated into groups of similar
 platforms2  7#d7 for each group of     
covered platforms recommended under     
paragraph 7#c71 provide recommendations 
on which of the content-agnostic        
interventions identified in paragraph   
7#b7 are generally applicable to the    
covered platforms in such group2  7#e7  
for each group of covered platforms     
recommended under paragraph 7#c71       
provide recommendations on how the      

covered platforms in such group could   
generally implement each of the         
content-agnostic interventions          
identified for such group under         
paragraph 7#d7 in a way that does not   
alter the core functionality of the     
covered platforms1 considering-- 7,a7   
whether the content-agnostic            
intervention should be offered as an    
optional setting or feature that users  
of a covered platform could manually    
turn on or off with appropriate default 
settings to reduce the harms of         
algorithmic amplification and social    
media addiction on the covered platform 
without altering the core functionality 
of the covered platform2 and  7,b7 other
 means by which the content-agnostic    
intervention may be implemented and any 
associated impact on the experiences of 
users of the covered platform and the   
core functionality of the covered       
platform2  7#f7 for each group of       
covered platforms recommended under     
paragraph 7#c71 define metrics generally

 applicable to the covered platforms in 
such group to measure and publicly      
report in a privacy-preserving manner   
the impact of any content-agnostic      
intervention adopted by the covered     
platform2 and  7#g7 identify data and   
research questions necessary to further 
understand the negative mental or       
physical health impacts related to      
social media1 including harms related to
 algorithmic amplification and social   
media addiction4  7b7 ,requirement ,to  
submit additional research ,if a covered
 platform voluntarily submits internal  
research to the ,academies under        
subsection 7a77#a77;,b71 the covered    
platform shall1 upon the request of the 
,academies and not later than #fj days  
after receiving such a request1 submit  
to the ,academies any other research in 
the platform's possession that is       
closely related to such voluntarily     
submitted research4  7c7 ,reports  7#a7 
,initial study report ,not later than #a
 year after the date of enactment of    

this ,act1 the ,academies shall submit  
to the ,director1 ,congress1 and the    
,commission a report containing the     
results of the initial study conducted  
under subsection 7a71 including         
recommendations for how the ,commission 
should establish rules for covered      
platforms related to content-agnostic   
interventions as described in paragraphs
 7#a7 through 7#e7 of subsection 7a74   
7#b7 ,updates ,not later than #b years  
after the effective date of the         
regulations promulgated under section   
#d1 and every #b years thereafter during
 the #aj-year period beginning on such  
date1 the ,academies shall submit to the
 ,director1 ,congress1 and the          
,commission a report containing the     
results of the ongoing studies conducted
 under subsection 7a74 ,each such report
 shall-- 7,a7 include analysis and      
updates to earlier studies conducted1   
and recommendations made1 under such    
subsection2  7,b7 be based on-- 7i7 new 
academic research1 reports1 and other   

relevant materials related to the       
subject of previous studies1 including  
additional research identifying new     
content-agnostic interventions2 and     
7ii7 new academic research1 reports1 and
 other relevant materials about harms   
occurring on covered platforms that are 
not being addressed by the              
content-agnostic interventions being    
implemented by covered platforms as a   
result of the regulations promulgated   
under section #d2  7,c7 include         
information about the implementation of 
the content-agnostic interventions by   
covered platforms and the impact of the 
implementation of the content-agnostic  
interventions2 and  7,d7 include an     
analysis of any entities that have newly
 met the criteria to be considered a    
covered platform under this ,act since  
the last report submitted under this    
subsection4  #d4 ,implementation of     
content-agnostic interventions  7a7     
,determination of applicable            
content-,agnostic interventions  7#a7   

,in general ,not later than #fj days    
after the receipt of the initial study  
report under section #c7;c77#a71 the    
,commission shall initiate a rulemaking 
proceeding for the purpose of           
promulgating regulations in accordance  
with section #eec of title #e1 ,united  
,states ,code-- 7,a7 to determine how   
covered platforms should be grouped     
together2  7,b7 to determine which      
content-agnostic interventions          
identified in such report shall be      
applicable to each group of covered     
platforms identified in the report2 and 
7,c7 to require each covered platform to
 implement and measure the impact of    
such content-agnostic interventions in  
accordance with subsection 7b74  7#b7   
,considerations ,in the rulemaking      
proceeding described in paragraph 7#a71 
the ,commission-- 7,a7 shall consider   
the report under section #c7;c77#a7 and 
its recommendations2 and  7,b7 shall not
 promulgate regulations requiring any   
covered platform to implement a         

content-agnostic intervention that is   
not discussed in such report4  7#c7     
,notification to covered platforms ,the 
,commission shall1 not later than #cj   
days after the promulgation of the      
regulations under this subsection1      
provide notice to each covered platform 
of the content-agnostic interventions   
that are applicable to the platform     
pursuant to the regulations promulgated 
under this subsection4  7b7             
,implementation of content-,agnostic    
interventions  7#a7 ,in general  7,a7   
,implementation plan  7i7 ,in general   
,not later than #fj days after the date 
on which a covered platform receives the
 notice from the ,commission required   
under subsection 7a77#c71 the covered   
platform shall submit to the ,commission
 a plan to implement each               
content-agnostic intervention applicable
 to the covered platform 7as determined 
by the ,commission7 in an appropriately 
prompt manner4 ,if the covered platform 
reasonably believes that any aspect of  

an applicable intervention is not       
technically feasible for the covered    
platform to implement1 would            
substantially change the core           
functionality of the covered platform1  
or would pose a material privacy or     
security risk to consumer data stored1  
held1 used1 processed1 or otherwise     
possessed by such covered platform1 the 
covered platform shall include in its   
plan evidence supporting these beliefs  
in accordance with paragraph 7#b74  7ii7
 ,commission determination ,not later   
than #cj days after receiving a covered 
platform's plan under clause 7i71 the   
,commission shall determine whether such
 plan includes details related to the   
appropriately prompt implementation of  
each content-agnostic intervention      
applicable to the covered platform1     
except for any aspect of an intervention
 for which the ,commission determines   
the covered platform is exempt under    
paragraph 7#b74  7iii7 ,appeal or       
revised plan  7,i7 ,in general ,subject 

to subclause 7,,ii71 if the ,commission 
determines under clause 7ii7 that a     
covered platform's plan does not satisfy
 the requirements of this subsection1   
not later than #ij days after the       
issuance of such determination1 the     
covered platform shall-- 7aa7 appeal the
 determination by the ,commission to the
 ,united ,states ,court of ,appeals for 
the ,federal ,circuit2 or  7bb7 submit  
to the ,commission a revised plan for a 
,commission determination pursuant to   
clause 7ii74  7,,ii7 ,limitation ,if a  
covered platform submits #c revised     
plans to the ,commission for a          
determination pursuant to clause 7ii7   
and the ,commission determines that none
 of the revised plans satisfy the       
requirements of this subsection1 the    
,commission may find that the platform  
is not acting in good faith in          
developing an implementation plan and   
may require the platform to implement1  
pursuant to a plan developed for the    
platform by the ,commission1 each       

content-agnostic intervention applicable
 to the platform 7as determined by the  
,commission7 in an appropriately prompt 
manner4  7,b7 ,statement of compliance  
,not less frequently than annually1 each
 covered platform shall make publicly   
available on their website and submit to
 the ,commission1 in a machine-readable 
format and in a privacy-preserving      
manner1 the details of-- 7i7 the covered
 platform's compliance with the required
 implementation of content-agnostic     
interventions2 and  7ii7 the impact     
7using the metrics defined by the       
,director of the ,national ,science     
,foundation and the ,national ,academies
 of ,sciences1 ,engineering1 and        
,medicine pursuant to section           
#c7;a77#f77 of such content-agnostic    
interventions on reducing the harms of  
algorithmic amplification and social    
media addiction on covered platforms4   
7#b7 ,feasibility1 functionality1       
privacy1 and security exemptions  7,a7  
,statement of inapplicability ,not later

 than #fj days after the date on which a
 covered platform receives the notice   
from the ,commission required under     
subsection 7a77#c71 a covered platform  
seeking an exemption from any aspect of 
such rule may submit to the             
,commission-- 7i7 a statement           
identifying any specific aspect of a    
content-agnostic intervention applicable
 to such covered platform 7as determined
 by the ,commission under subsection    
7a77 that the covered platform          
reasonably believes-- 7,i7 is not       
technically feasible for the covered    
platform to implement2  7,,ii7 will     
substantially change the core           
functionality of the covered platform2  
or  7,,iii7 will create a material and  
imminent privacy or security risk to the
 consumer data stored1 held1 used1      
processed1 or otherwise possessed by    
such covered platform2 and  7ii7        
specific evidence supporting such       
belief1 including any relevant          
information regarding the core          

functionality of the covered platform4  
7,b7 ,determination by the ,commission  
,not later than #cj days after receiving
 a covered platform's statement under   
subparagraph 7,a71 the ,commission shall
 determine whether the covered platform 
shall be exempt from any aspect of a    
content-agnostic intervention discussed 
in the covered platform's statement4    
7,c7 ,appeal or revised plan ,not later 
than #ij days after a determination     
issued under subparagraph 7,b71 a       
covered platform may-- 7i7 appeal the   
determination by the ,commission to the 
,united ,states ,court of ,appeals for  
the ,federal ,circuit2 or  7ii7 submit  
to the ,commission a revised plan1      
including details related to the prompt 
implementation of any content-agnostic  
intervention for which the covered      
platform requested an exemption that the
 ,commission subsequently denied1 for a 
,commission determination pursuant to   
paragraph 7#a77;,a77ii74  #e4           
,transparency report ,not later than    

#ahj days after the date of enactment of
 this ,act1 and semiannually thereafter1
 each covered platform shall publish a  
publicly available1 machine-readable    
report about the content moderation     
efforts of the covered platform with    
respect to each language spoken by not  
less than #ajj1jjj monthly active users 
of the covered platform in the ,united  
,states4 ,such report shall include the 
following3 7#a7 ,content moderators ,the
 total number of individuals employed or
 contracted by the covered platform     
during the reporting period to engage in
 content moderation for each language1  
broken down by the number of individuals
 retained as full-time employees1       
part-time employees1 and contractors of 
the covered platform and reported in a  
privacy-preserving manner4  7#b7 ,random
 sample of viewed content ,information  
related to a random sample of publicly  
visible content accounting for #a1jjj   
views each month4 ,each month1 covered  
platforms shall calculate the total     

number of views for each piece of       
publicly visible content posted during  
the month and sample randomly from the  
content in a manner such that the       
probability of a piece of content being 
sampled is proportionate to the total   
number of views of that piece of content
 during the month4 ,covered platforms   
shall report the following information  
about each piece of sampled content     
7with appropriate redactions to exclude 
the disclosure of illegal content73 7,a7
 ,the text1 images1 audio1 video1 or    
other creative data associated with each
 such piece of content4  7,b7 ,the      
details of the account or accounts that 
originally posted the content4  7,c7    
,the total number of views of each such 
piece of content during the month4  7#c7
 ,high reach content ,content moderation
 metrics broken down by language to     
assess the prevalence of harmful content
 on the covered platform1 including1 for
 each language1 the #a1jjj most viewed  
pieces of publicly visible content each 

month1 including the following 7with    
appropriate redactions to exclude the   
disclosure of illegal content73 7,a7    
,the text1 images1 audio1 video1 or     
other creative data associated with each
 such piece of content4  7,b7 ,the      
details of-- 7i7 the account that       
originally posted the content2 and  7ii7
 any account whose sharing or reposting 
of the content accounted for more than  
#e percent of the views of the content4 
7#d7 ,removed and moderated content     
7,a7 ,in general ,aggregate metrics for 
user-generated content that is affected 
by any automated or manual moderation   
system or decision1 including1 as       
calculated on a monthly basis and       
reported in a privacy-preserving manner1
 the number of pieces of user-generated 
content and the number of views of such 
content that were-- 7i7 reported to the 
covered platform by a user of the       
covered platform2  7ii7 flagged by the  
covered platform by an automated content
 detection system2  7iii7 removed from  

the covered platform and not restored2  
7iv7 removed from the covered platform  
and later restored2 or  7v7 labeled1    
edited1 or otherwise moderated by the   
covered platform following a user report
 or flagging by an automated content    
detection system4  7,b7 ,requirements   
for metrics ,the metrics reported under 
subparagraph 7,a7 shall be broken down  
by-- 7i7 the language of the            
user-generated content2  7ii7 the topic 
of the user-generated content1 such as  
bullying1 hate speech1 drugs and        
firearms1 violence and incitement1 or   
any other category determined by the    
covered platform to categorize such     
content2 and  7iii7 if the covered      
platform has a process for publicly     
verifying that an account on the        
platform belongs to a prominent user or 
public figure1 whether the creator of   
the content is a politician or          
journalist with a verified account4  #f4
 ,enforcement  7a7 ,unfair or deceptive 
acts or practices ,a violation of       

section #c7;b71 #d1 or #e or a          
regulation promulgated under section #d 
shall be treated as a violation of a    
rule defining an unfair or deceptive act
 or practice prescribed under section   
#ah7;a77#a77;,b7 of the ,federal ,trade 
,commission ,act 7#ae ,u4,s4,c4         
#eg;a7a77#a77;,b774  7b7 ,powers of the 
,commission  7#a7 ,in general ,the      
,commission shall enforce this ,act in  
the same manner1 by the same means1 and 
with the same jurisdiction1 powers1 and 
duties as though all applicable terms   
and provisions of the ,federal ,trade   
,commission ,act 7#ae ,u4,s4,c4 #da et  
seq47 were incorporated into and made a 
part of this ,act4  7#b7 ,privileges and
 immunities ,any person who violates    
section #d or #e or a regulation        
promulgated under section #d shall be   
entitled to the privileges and          
immunities provided in the ,federal     
,trade ,commission ,act 7#ae ,u4,s4,c4  
#da et seq474  7#c7 ,enforcement        
guidelines and updates ,not later than  

#a year after the date of enactment of  
this ,act1 the ,commission shall issue  
guidelines that outline any policies and
 practices of the ,commission related to
 the enforcement of this ,act in order  
to promote transparency and deter       
violations of this ,act4 ,the           
,commission shall update the guidelines 
as needed to reflect current policies1  
practices1 and changes in technology1   
but not less frequently than once every 
#d years4  7#d7 ,authority preserved    
,nothing in this ,act shall be construed
 to limit the authority of the          
,commission under any other provision of
 law4  #g4 ,definitions ,in this ,act3  
7#a7 ,algorithmic amplification ,the    
term algorithmic amplification means the
 promotion1 demotion1 recommendation1   
prioritization1 or de-prioritization of 
user-generated content on a covered     
platform to other users of the covered  
platform through a means other than     
presentation of content in a            
reverse-chronological or chronological  

order4  7#b7 ,commission ,the term      
,commission means the ,federal ,trade   
,commission4  7#c7 ,content moderation  
,the term content moderation means the  
intentional removal1 labeling1 or       
altering of user-generated content on a 
covered platform by the covered platform
 or an automated or human system        
controlled by the covered platform1     
including decreasing the algorithmic    
ranking of user-generated content1      
removing user-generated content from    
algorithmic recommendations1 or any     
other action taken in accordance with   
the covered platform's terms of service1
 community guidelines1 or similar       
materials governing the content allowed 
on the covered platform4  7#d7          
,content-agnostic intervention ,the term
 content-agnostic intervention means an 
action that can be taken by a covered   
platform to alter a user's experience on
 the covered platform or the user       
interface of the covered platform that  
does not-- 7,a7 rely on the substance of

 user-generated content on the covered  
platform2 or  7,b7 alter the core       
functionality of the covered platform4  
7#e7 ,covered platform ,the term covered
 platform means any public-facing       
website1 desktop application1 or mobile 
application that-- 7,a7 is operated for 
commercial purposes2  7,b7 provides a   
forum for user-generated content2  7,c7 
is constructed such that the core       
functionality of the website or         
application is to facilitate interaction
 between users and user-generated       
content2 and  7,d7 has more than        
#bj1jjj1jjj monthly active users in the 
,united ,states for a majority of the   
months in the previous #ab-month period4
  7#f7 ,privacy-preserving manner ,the  
term privacy-preserving manner means1   
with respect to a report made by a      
covered platform1 that the information  
contained in the report is presented in 
a manner in which it is not reasonably  
capable of being used1 either on its own
 or in combination with other readily   

accessible information1 to uniquely     
identify an individual4  7#g7 ,user ,the
 term user means a person that uses a   
covered platform1 regardless of whether 
that person has an account or is        
otherwise registered with the platform4 
7#h7 ,user-generated content ,the term  
user-generated content means any        
content1 including text1 images1 audio1 
video1 or other creative data that is   
substantially created1 developed1 or    
published on a covered platform by any  
user of such covered platform4