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.
[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