ADS for Mental Health Services Act

Subject to subsection (e), not later than 1 year after the date of enactment of this section and annually thereafter, a covered digital advertising platform shall submit to the Commission a report that includes the following:

(1) The number and percentage of total advertisements on the platform during the previous 12-month period that were public service advertisements.

(2) The estimated dollar value of such public service advertisements.

(3) The number of such public service advertisements that focus on local or regional mental and behavioral health care resources.

(4) The number of such public service advertisements that promote free mental or behavioral health care resources.

(5) A description of how such advertisements meet the definition of a public service advertisement as described in subsection (c)(2).

Not later than 180 days after receiving the reports required under subsection (a), and annually thereafter, the Commission shall 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 under such subsection.

In this Act:

The term Commission means the Federal Trade Commission.

The term public service advertisement means an advertisement that—

(A) a covered digital advertising platform electronically serves to a user over the internet for free and without receiving any payment or other consideration in exchange;

(B) promotes mental or behavioral health care resources that—

(i) raise awareness of community events to address social isolation; or

(ii) promote local or regional mental health care resources that are approved by the Substance Abuse and Mental Health Services Administration that mitigate—

(I) self-harm, suicide, eating disorders, substance abuse, and similar matters that cause harm to physical and mental health;

(II) patterns of behavioral addiction; or

(III) social isolation; and

(C) is relevant and accessible to targeted audiences.

The term covered digital advertising platform means a social media platform, public-facing website, online service, online application, or mobile application that—

(A) derives revenue from advertising;

(B) as its primary function provides a community forum for user-generated content, including messages, videos, and audio files among users where such content is primarily intended for viewing, resharing, or platform-enabled distributed social endorsement or comment; and

(C) has more than 100,000,000 unique monthly users or visitors.

The term user means, with respect to a covered digital advertising platform, an individual who registers an account or creates a profile on such platform.

Nothing in this Act shall be construed to supersede any applicable privacy or data security laws.

This Act and all requirements, responsibilities, and obligations under this Act shall terminate on the date that is 5 years after the date of the enactment of this Act.