AMEND PSA Mental Health Data Collection Transparency ACT S414

February 13, 2026

AbleChild has successfully submitted the following proposed amendment to S.414 (119th Congress) to ensure Congress receives a complete and truthful picture of mental health public service advertisements on major digital platforms, not a one-sided tally that can be shaped by platform PR or political pressure. This amendment preserves S.414’s stated accountability goals by requiring transparent, standardized reporting—so lawmakers and the public can see not only how many “mental health PSAs” ran, but what kind of messages they actually delivered: access/support, treatment-risk warnings, non-drug alternatives, and informed-consent education.

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Without clear categories, content metrics, and independent verification, PSA reporting can be easily skewed toward treatment-promoting messages while omitting critical consumer-protection information about risks, limitations, and alternatives—undermining informed decision-making.

AbleChild’s amendment adds straightforward reporting structure, auditing, and public disclosure so the FTC’s annual report to Congress reflects balanced, evidence-based mental health messaging and cannot be manipulated through selective labeling or selective counting. Summary for Policymakers: This amendment ensures that reporting of mental health public service announcements (PSAs) on large digital platforms is comprehensive, transparent, and balanced. Without explicit requirements, reported PSA data could be skewed toward messages promoting treatment alone, omitting critical information about risks, alternatives, and informed decision-making. By requiring platforms to categorize PSAs, report content metrics, and submit to independent auditing, this amendment provides Congress and the public with a full, evidence-based picture of mental health messaging online. It strengthens the original goals of S.414—accountability and support for mental health awareness—while safeguarding against biased reporting that could misrepresent the platforms’ role or pressure them to favor certain messages over others.

Proposed Amendment to S.414: Balanced Mental Health PSA Reporting

Section X – Expanded Reporting Requirements for Mental Health Public Service Advertisements

(a) Expanded PSA Categories Covered digital advertising platforms must categorize all reported mental health PSAs into the following mutually exclusive categories:

Access & Support Services PSA: Ads promoting awareness of mental health resources, crisis lines, counseling, or support groups.
Treatment Risk PSA: Ads informing the public of potential risks, side effects, or limitations of psychiatric treatments, including prescription drugs, electroconvulsive therapy (ECT), or other clinical interventions.
Non-Pharmacologic or Alternative PSA: Ads promoting evidence-based non-medication interventions, such as psychotherapy, lifestyle interventions, peer support programs, or community initiatives.
Informed Consent / Educational PSA: Ads that provide educational context about mental health treatments, encouraging individuals to consult licensed professionals before initiating treatment.

(b) Reporting Metrics For each category, platforms must report:

Total number of PSAs in the category during the reporting period.
Total impressions delivered to users in the reporting period.
Estimated dollar value of ad placement if it had been purchased.
Summary of content adherence to the category definition.
Evidence references supporting risk claims or treatment efficacy

Randomly audit a representative sample of reported PSAs annually to ensure accurate categorization.
Engage independent mental health professionals to review the content of a subset of PSAs for factual accuracy.
Include in its annual report to Congress an assessment of balance across categories, highlighting disparities or trends.

(d) Public Disclosure All PSA reports must be made publicly available on the FTC website with clear labeling of categories and metrics, allowing external parties to evaluate both quantity and quality of messaging.

Rationale for Amendment

Prevent one-sided reporting: Without category definitions, platforms could inflate PSA counts by only reporting treatment-promoting ads, skewing the narrative toward “platforms aren’t promoting mental health enough.”
Promote informed decision-making: Risk and educational PSAs ensure that public messaging provides context for potential harms and alternatives, aligning with ethical standards for mental health communication.
Encourage transparency: Publicly available metrics allow researchers, journalists, and advocacy groups to verify the balance of PSAs independently.
Support evidence-based oversight: Auditing by FTC and mental health professionals ensures that reported PSAs meet factual standards, avoiding misleading or promotional content being misclassified as public service messaging.
Mitigate policy bias: By measuring all relevant categories, Congress and the public receive a full picture of the platform’s mental health messaging, rather than only PSAs that reinforce a “treatment promotion” narrative.

This amendment does not restrict platforms from running PSAs as they choose, but ensures transparency and balance in the data reported to Congress. It would complement S.414’s original goal of accountability for mental health messaging while preventing political or PR manipulation.

Be the Voice for the Voiceless

AbleChild is a 501(3) C nonprofit organization that has recently co-written landmark legislation in Tennessee, setting a national precedent for transparency and accountability in the intersection of mental health, pharmaceutical practices, and public safety.

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