No Fentanyl on Social Media Act

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, 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.

In developing the report required under subsection (a), the Commission shall consult with stakeholders including parents, social media platforms, law enforcement, medical professionals, and other relevant experts.

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.

In this section:

The term Commission means the Federal Trade Commission.

The term fentanyl includes any fentanyl analogue and 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)).

The term minor means an individual who is under the age of 18.

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.

The term social media platform —

(A) means a public-facing website, internet application, or mobile internet application, including a social network or video sharing service that—

(i) serves the public; and

(ii) primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; and

(B) does not include—

(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

(ii) electronic mail.