,,ii #aaith ,,congress #ast ,session ,s4 #ahhe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bb1 #bjbe ,mrs4 ,britt 7for herself and ,mr4 ,fetterman7 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 ,commission1 with the concurrence of the ,secretary of ,health and ,human ,services acting through the ,surgeon ,general1 to implement a mental health warning label on covered platforms1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop the ,scroll ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,social media platform use is associated with risks to the physical and mental health of users1 including exposure to bullying1 online harassment and abuse1 discrimination1 and child sexual exploitation4 7#b7 ,product warning labels can increase awareness of risks and influence behavior4 7#c7 ,extended use of social media1 which addictive algorithms encourage1 can contribute to negative health impacts associated with covered platforms4 7#d7 ,the ,federal ,government has a compelling interest in ensuring that users of a covered platform can make informed decisions about the amount of time the user spends on the covered platform1 which requires an understanding of the mental health risks involved with using a covered platform4 7#e7 ,in ,may #bjbc1 the ,surgeon ,general issued an advisory warning that social media use is associated with a broad range of harms to mental health1 and then called for warning labels on covered platforms to raise awareness of these risks and promote healthier online engagement4 7#f7 ,given the substantial body of evidence documenting the adverse health effects of unregulated digital engagement1 it is both appropriate and necessary to require clear1 factual risk disclosures to ensure users are adequately informed before engaging with such platforms4 7#g7 ,this approach aligns with well-established public health standards that have long governed disclosure practices in industries affecting consumer well-being4 7#h7 ,conspicuousness of labels is important1 as evidenced by studies on tobacco and alcohol warning labels4 #c4 ,definitions ,in this ,act3 7#a7 ,anonymous content sharing platform ,the term anonymous content sharing platform means any website or mobile application that does not require registration and is used to share content1 including digital images1 recorded videos1 text conversations1 or live video conversations4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,covered platform ,the term covered platform means-- 7,a7 a social media platform as such term is defined in section #abd of the ,trafficking ,victims ,prevention and ,protection ,reauthorization ,act of #bjbb 7#db ,u4,s4,c4 #ahfbw72 or 7,b7 an anonymous content sharing platform4 7#d7 ,covered platform provider ,the term covered platform provider means any person who1 for commercial purposes in or affecting commerce1 provides1 manages1 operates1 or controls a covered platform4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7#f7 ,user ,the term user means1 with respect to a covered platform1 a person who registers an account with1 creates a profile on1 or otherwise accesses the covered platform4 #d4 ,warning label 7a7 ,in general ,a covered platform provider shall-- 7#a7 each time a user accesses the covered platform of the provider while physically located in the ,united ,states1 clearly and conspicuously display a mental health warning label 7referred to in this section as a covered label7 that complies with the requirements under this section1 including the regulations promulgated under subsection 7d72 7#b7 cause the covered label to disappear only if the user-- 7,a7 exits the covered platform2 or 7,b7 acknowledges the potential for harm and chooses to proceed to the covered platform despite the risk2 and 7#c7 if a user acknowledges the potential for harm and chooses to proceed to the covered platform in accordance with paragraph 7#b77;,b71 redisplay such covered label after each hour of continuous use by such user4 7b7 ,content of covered label ,a covered label shall-- 7#a7 warn the user of potential negative mental health impacts of accessing the covered platform2 and 7#b7 provide the user access to ,federal resources to address the potential negative mental health impacts described in paragraph 7#a71 including the #ihh ,suicide and ,crisis ,lifeline4 7c7 ,restrictions on form ,a covered platform provider may not-- 7#a7 include a covered label exclusively through a hyperlink or in the terms and conditions of the covered platform2 7#b7 include extraneous information in a covered label that obscures the visibility or prominence of the covered label2 or 7#c7 allow a user to disable a covered label1 except as provided in subsection 7a74 7d7 ,implementation ,not later than #ahj days after the date of enactment of this ,act1 the ,commission1 with the concurrence of the ,secretary acting through the ,surgeon ,general1 shall promulgate regulations containing appropriate requirements for a covered label4 7e7 ,review ,not later than #e years after the date on which the ,commission promulgates the regulations required by subsection 7d71 and not less frequently than once every #e years thereafter1 the ,commission1 with the concurrence of the ,secretary acting through the ,surgeon ,general1 shall review and revise such regulations to address changes in technology1 market conditions1 and medical science4 #e4 ,enforcement 7a7 ,enforcement by the commission 7#a7 ,unfair or deceptive acts or practices ,a violation of this ,act or a regulation promulgated under this ,act by a covered platform provider 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 7#b7 ,powers of the commission 7,a7 ,in general ,except as provided in subparagraph 7,c71 the ,commission shall enforce this ,act and any regulation promulgated under 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 ,except as provided in subparagraph 7,c71 any person who violates this ,act or any regulation promulgated under this ,act shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7,c7 ,nonprofit organizations and common carriers ,notwithstanding section #d or #e7;a77#b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd1 #de7;a77#b77 or any jurisdictional limitation of the ,commission1 the ,commission shall also enforce this ,act and any regulation promulgated under this ,act1 in the same manner provided in subparagraphs 7,a7 and 7,b71 with respect to-- 7i7 organizations not organized to carry on business for their own profit or that of their members2 and 7ii7 common carriers subject to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 and all ,acts amendatory thereof and supplementary thereto4 7,d7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7,e7 ,rulemaking ,the ,commission1 with the concurrence of the ,secretary acting through the ,surgeon ,general1 shall promulgate in accordance with section #eec of title #e1 ,united ,states ,code1 such rules as may be necessary to carry out this ,act4 7b7 ,enforcement by ,states 7#a7 ,authorization ,subject to paragraph 7#c71 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 covered platform provider in a practice that violates this ,act1 the attorney general of the ,state may1 as parens patriae1 bring a civil action against the covered platform provider on behalf of the residents of the ,state in an appropriate district court of the ,united ,states to obtain appropriate relief1 including civil penalties in the amount determined under paragraph 7#b74 7#b7 ,civil penalties ,a covered platform provider that is found1 in an action brought under paragraph 7#a71 to have knowingly or repeatedly violated this ,act shall1 in addition to any other penalty otherwise applicable to a violation of this ,act1 be liable for a civil penalty equal to the amount calculated by multiplying-- 7,a7 the greater of-- 7i7 the number of days during which the covered platform provider was not in compliance with this ,act2 or 7ii7 the number of end users for whom the covered label was not displayed as a result of the violation2 by 7,b7 an amount not to exceed the maximum civil penalty for which a person1 partnership1 or corporation may be liable under section #e7m77#a77;,a7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7m77#a77;,a77 7including any adjustments for inflation74 7#c7 ,rights of the commission 7,a7 ,notice to the commission 7i7 ,in general ,except as provided in clause 7iii71 the attorney general of a ,state shall notify the ,commission in writing that the attorney general intends to bring a civil action under paragraph 7#a7 before initiating the civil action4 7ii7 ,contents ,the notification required under clause 7i7 with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action4 7iii7 ,exception ,if it is not feasible for the attorney general of a ,state to provide the notification required under clause 7i7 before initiating a civil action under paragraph 7#a71 the attorney general shall notify the ,commission immediately upon instituting the civil action4 7,b7 ,intervention by the commission ,the ,commission may-- 7i7 intervene in any civil action brought by the attorney general of a ,state under paragraph 7#a72 and 7ii7 upon intervening-- 7,i7 be heard on all matters arising in the civil action2 and 7,,ii7 file petitions for appeal in the civil action4 7#d7 ,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-- 7,a7 conduct investigations2 7,b7 administer oaths or affirmations2 or 7,c7 compel the attendance of witnesses or the production of documentary or other evidence4 7#e7 ,preemptive action by the commission ,if the ,commission institutes a civil action or an administrative action with respect to a violation of this ,act1 the attorney general of a ,state may not1 during the pendency of such action1 bring a civil action under paragraph 7#a7 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 action4 7#f7 ,venue2 service of process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in-- 7i7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7ii7 another court of competent jurisdiction4 7,b7 ,service of process ,in an action brought under paragraph 7#a71 process may be served in any district in which the defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 7#g7 ,actions by other ,state officials ,in addition to a civil action brought by an attorney general under paragraph 7#a71 any other consumer protection officer of a ,state who is authorized by the ,state to do so may bring a civil action under paragraph 7#a71 subject to the same requirements and limitations that apply under this subsection to a civil action brought by an attorney general4 7#h7 ,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 ,state4 7c7 ,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 ,states4 #f4 ,effective date ,this ,act shall take effect on the date that is #a year after the date of enactment of this ,act4