Bills · S. 3618 · Text

Reported to Senate

Confirmed from the official record

Our copy of the file on govinfo.gov, saved October 14, 2026. Fingerprint (SHA-256): 80728f3cad1179a0.

S. 3618: the bill

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3618 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 561
119th CONGRESS
  2d Session
                                S. 3618

                          [Report No. 119-142]

To require the Federal Trade Commission to submit to Congress a report 
   on the ability of minors to access fentanyl through social media 
                   platforms, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 13, 2026

   Mr. Husted (for himself, Ms. Klobuchar, Ms. Blunt Rochester, Mr. 
Cassidy, Mr. Moreno, and Mr. McCormick) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                           September 14, 2026

                 Reported by Mr. Cruz, with amendments
 [Omit the parts struck through and insert the parts printed in italic]

_______________________________________________________________________

                                 A BILL


 
To require the Federal Trade Commission to submit to Congress a report 
   on the ability of minors to access fentanyl through social media 
                   platforms, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``No Fentanyl on Social Media 
Act''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Fentanyl on Social Media Act of 
2026''.

SEC. 2. REPORT ON THE ABILITY OF MINORS TO ACCESS FENTANYL THROUGH 
              SOCIAL MEDIA PLATFORMS.

    (a) Report Required.--Not later than 1 year after the date of the 
enactment of this Act, the Commission, in coordination with the 
Secretary of Health and Human Services, acting through the Commissioner 
of Food and Drugs, and the Administrator of the Drug Enforcement 
Administration, shall submit to the relevant congressional committees 
and make publicly available on the website of the Commission a report 
on the ability of minors to access fentanyl, including through pressed 
pills, on social media platforms that includes the following:
            (1) The prevalence and ability for minors to access 
        fentanyl from drug sellers on social media platforms.
            (2) The impact of such prevalence and access on minors, 
        including health risks and risks to physical safety.
            (3) How drug sellers use social media platforms to market, 
        sell, deliver, distribute, dispense, and engage in other 
        transactions related to the provision of fentanyl to minors.
            (4) How design features and other characteristics of social 
        media platforms affect the ability of minors to access 
        fentanyl.
            (5) Practices, policies, and other measures taken by social 
        media platforms to address the ability of drug sellers to use 
        social media platforms and the effectiveness of those 
        practices, policies, and measures.
            (6) Other measures taken by law enforcement, the medical 
        community,  treatment providers, and others to address the 
        issues described in paragraphs (1) through (4).
            (7) Recommendations for Congress to eliminate the 
        prevalence and ability for minors to access fentanyl on social 
        media platforms.
    (b) Consultation Required.--In developing the report required under 
subsection (a), the Commission shall consult with stakeholders 
including parents, social media platforms, law enforcement, medical 
professionals, licensed or certified substance use treatment providers, 
substance use researchers, and other relevant experts.
    (c) Redaction Permitted.--In publishing the report required under 
subsection (a), the Commission, in consultation with the Attorney 
General, may redact any information relating to paragraphs (3) and (6) 
of such subsection that may compromise any law enforcement tactic, 
strategy, or technique.
    (d) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Fentanyl.--The term ``fentanyl'' includes any fentanyl 
        analogue and fentanyl-related substance.
            (3) Fentanyl-related substance.--The term ``fentanyl-
        related substance'' has the meaning given that term in 
        subsection (e) of schedule I of section 202(c) of the 
        Controlled Substances Act (21 U.S.C. 812(c)).
            (4) Minor.--The term ``minor'' means an individual who is 
        under the age of 18.
            (5) Relevant congressional committees.--The term ``relevant 
        congressional committees'' means the Committee on Energy and 
        Commerce of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate.
        <DELETED>    (6) Social media platform.--The term ``social 
        media platform''--</DELETED>
                <DELETED>    (A) means a public-facing website, 
                internet application, or mobile internet application, 
                including a social network or video sharing service 
                that--</DELETED>
                        <DELETED>    (i) serves the public; 
                        and</DELETED>
                        <DELETED>    (ii) primarily provides a forum 
                        for user-generated content, including messages, 
                        videos, images, games, and audio files; 
                        and</DELETED>
                <DELETED>    (B) does not include--</DELETED>
                        <DELETED>    (i) a provider of broadband 
                        internet access service (as described in 
                        section 8.1(b) of title 47, Code of Federal 
                        Regulations, or successor regulation); 
                        or</DELETED>
                        <DELETED>    (ii) electronic mail.</DELETED>
            (6) Social media platform.--
                    (A) In general.--The term ``social media platform'' 
                means a website, online service, online application, or 
                mobile application that--
                            (i) serves the public; and
                            (ii) primarily provides a forum for user-
                        generated content, including messages, videos, 
                        images, games, and audio files.
                    (B) Exclusions.--The term ``social media platform'' 
                shall not include the following:
                            (i) A provider of broadband internet access 
                        service (as described in section 8.1(b) of 
                        title 47, Code of Federal Regulations, or any 
                        successor regulation).
                            (ii) Electronic mail.
                            (iii) A website, online service, online 
                        application, or mobile application--
                                    (I) that consists primarily of 
                                content that is not user generated but 
                                is preselected by the provider of such 
                                website, online service, online 
                                application, or mobile application; and
                                    (II) for which any chat, comment, 
                                or interactive functionality is 
                                incidental to, directly related to, or 
                                dependent on the provision of the 
                                content described in subclause (I).
                    (C) Rule of construction.--Nothing in subparagraph 
                (B)(iii) shall be construed to prohibit the Commission 
                from including within the report required by subsection 
                (a) the ability of minors to access fentanyl, including 
                through pressed pills, through a website, online 
                service, online application, or mobile application 
                described in subparagraph (B)(iii).
                                                       Calendar No. 561

119th CONGRESS

  2d Session

                                S. 3618

                          [Report No. 119-142]

_______________________________________________________________________

                                 A BILL

To require the Federal Trade Commission to submit to Congress a report 
   on the ability of minors to access fentanyl through social media 
                   platforms, and for other purposes.

_______________________________________________________________________

                           September 14, 2026

                        Reported with amendments
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