I 

118TH CONGRESS 

2D SESSION H. R. 8918 

To amend the Controlled Substances Act to require electronic communication 

service providers and remote computing services to report to the Attorney 

General certain controlled substances violations. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 2, 2024 

Ms. CRAIG (for herself, Mrs. MILLER-MEEKS, Ms. SCHRIER, Mr. CRENSHAW, 

Mr. DAVIS of North Carolina, and Mr. LATURNER) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To amend the Controlled Substances Act to require electronic 

communication service providers and remote computing 

services to report to the Attorney General certain controlled substances violations. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cooper Davis and 

5 Devin Norring Act’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 8918 IH

1 SEC. 2. REPORTING REQUIREMENTS OF ELECTRONIC COM2 MUNICATION SERVICE PROVIDERS AND RE3 MOTE COMPUTING SERVICES FOR CERTAIN 

4 CONTROLLED SUBSTANCES VIOLATIONS. 

5 (a) AMENDMENTS TO CONTROLLED SUBSTANCES

6 ACT.— 

7 (1) IN GENERAL.—Part E of the Controlled 

8 Substances Act (21 U.S.C. 871 et seq.) is amended 

9 by adding at the end the following: 

10 ‘‘REPORTING REQUIREMENTS OF ELECTRONIC COMMU11 NICATION SERVICE PROVIDERS AND REMOTE COM12 PUTING SERVICES FOR CERTAIN CONTROLLED SUB13 STANCES VIOLATIONS

14 ‘‘SEC. 521. (a) DEFINITIONS.—In this section— 

15 ‘‘(1) the term ‘electronic communication service’ 

16 has the meaning given that term in section 2510 of 

17 title 18, United States Code; 

18 ‘‘(2) the term ‘electronic mail address’ has the 

19 meaning given that term in section 3 of the CAN– 

20 SPAM Act of 2003 (15 U.S.C. 7702); 

21 ‘‘(3) the term ‘Internet’ has the meaning given 

22 that term in section 1101 of the Internet Tax Free23 dom Act (47 U.S.C. 151 note); 

24 ‘‘(4) the term ‘provider’ means an electronic 

25 communication service provider or remote computing 

26 service; 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 8918 IH

1 ‘‘(5) the term ‘remote computing service’ has 

2 the meaning given that term in section 2711 of title 

3 18, United States Code; and 

4 ‘‘(6) the term ‘website’ means any collection of 

5 material placed in a computer server-based file ar6 chive so that it is publicly accessible, over the Inter7 net, using hypertext transfer protocol or any suc8 cessor protocol. 

9 ‘‘(b) DUTY TO REPORT.— 

10 ‘‘(1) GENERAL DUTY.—In order to reduce the 

11 proliferation of the unlawful sale, distribution, or 

12 manufacture (as applicable) of counterfeit sub13 stances and certain controlled substances, a provider 

14 shall, as soon as reasonably possible after obtaining 

15 actual knowledge of any facts or circumstances de16 scribed in paragraph (2), and in any event not later 

17 than 60 days after obtaining such knowledge, submit 

18 to the Drug Enforcement Administration a report 

19 containing— 

20 ‘‘(A) the mailing address, telephone num21 ber, facsimile number, and electronic mailing 

22 address of, and individual point of contact for, 

23 such provider; 

24 ‘‘(B) information described in subsection 

25 (c) concerning such facts or circumstances; and 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•HR 8918 IH

1 ‘‘(C) for purposes of subsection (j), infor2 mation indicating whether the facts or cir3 cumstances were discovered through content 

4 moderation conducted by a human or via a non5 human method, including use of an algorithm, 

6 machine learning, or other means. 

7 ‘‘(2) FACTS OR CIRCUMSTANCES.—The facts or 

8 circumstances described in this paragraph are any 

9 facts or circumstances establishing that a crime is 

10 being or has already been committed involving— 

11 ‘‘(A) creating, manufacturing, distributing, 

12 dispensing, or possession with intent to manu13 facture, distribute, or dispense— 

14 ‘‘(i) fentanyl; or 

15 ‘‘(ii) methamphetamine; 

16 ‘‘(B) creating, manufacturing, distributing, 

17 dispensing, or possession with intent to manu18 facture, distribute, or dispense a counterfeit 

19 substance, including a counterfeit substance 

20 purporting to be a prescription drug; or 

21 ‘‘(C) offering, dispensing, or administering 

22 an actual or purported prescription pain medi23 cation or prescription stimulant by any indi24 vidual or entity that is not a practitioner or on25 line pharmacy, including an individual or entity 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•HR 8918 IH

1 that falsely claims to be a practitioner or online 

2 pharmacy. 

3 ‘‘(3) PERMITTED ACTIONS BASED ON REASON4 ABLE BELIEF.—In order to reduce the proliferation 

5 of the unlawful sale, distribution, or manufacture 

6 (as applicable) of counterfeit substances and certain 

7 controlled substances, if a provider has a reasonable 

8 belief that facts or circumstances described in para9 graph (2) exist, the provider may submit to the 

10 Drug Enforcement Administration a report de11 scribed in paragraph (1). 

12 ‘‘(c) CONTENTS OF REPORT.— 

13 ‘‘(1) IN GENERAL.—To the extent the informa14 tion is within the custody or control of a provider, 

15 the facts or circumstances included in each report 

16 under subsection (b)(1)— 

17 ‘‘(A) shall include, to the extent that it is 

18 applicable and reasonably available, information 

19 relating to the account involved in the commis20 sion of a crime described in subsection (b)(2), 

21 such as the name, address, electronic mail ad22 dress, user or account identification, Internet 

23 Protocol address, uniform resource locator, 

24 screen names or monikers for the account used 

25 or any other accounts associated with the acVerDate Sep 11 2014 01:23 Aug 10, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8918.IH H8918

ssavage on LAPJG3WLY3PROD with BILLS
6 

•HR 8918 IH

1 count user, or any other identifying informa2 tion, including self-reported identifying informa3 tion, but not including the contents of a wire 

4 communication or electronic communication, as 

5 those terms are defined in section 2510 of title 

6 18, United States Code, except as provided in 

7 subparagraph (B) of this paragraph; and 

8 ‘‘(B) may, at the sole discretion of the pro9 vider, include the information described in para10 graph (2) of this subsection. 

11 ‘‘(2) OTHER INFORMATION.—The information 

12 referred to in paragraph (1)(B) is the following: 

13 ‘‘(A) HISTORICAL REFERENCE.—Informa14 tion relating to when and how a user, sub15 scriber, or customer of a provider uploaded, 

16 transmitted, or received content relating to the 

17 report or when and how content relating to the 

18 report was reported to or discovered by the pro19 vider, including a date and time stamp and 

20 time zone. 

21 ‘‘(B) GEOGRAPHIC LOCATION INFORMA22 TION.—Information relating to the geographic 

23 location of the involved individual or website, 

24 which may include the Internet Protocol ad25 dress or verified address, or, if not reasonably 


ssavage on LAPJG3WLY3PROD with BILLS
7 

•HR 8918 IH

1 available, at least one form of geographic iden2 tifying information, including area code or ZIP 

3 Code, provided by the user, subscriber, or cus4 tomer, or stored or obtained by the provider, 

5 and any information as to whether a virtual pri6 vate network was used. 

7 ‘‘(C) DATA RELATING TO FACTS OR CIR8 CUMSTANCES.—Any data, including symbols, 

9 photos, video, icons, or direct messages, relating 

10 to activity involving the facts or circumstances 

11 described in subsection (b)(2) or other content 

12 relating to the crime. 

13 ‘‘(D) COMPLETE COMMUNICATION.—The 

14 complete communication containing the infor15 mation of the crime described in subsection 

16 (b)(2), including— 

17 ‘‘(i) any data or information regard18 ing the transmission of the communication; 

19 and 

20 ‘‘(ii) any data or other digital files 

21 contained in, or attached to, the commu22 nication. 

23 ‘‘(3) USER, SUBSCRIBER, OR CUSTOMER SUB24 MITTED REPORTS.—In the case of a report under 

25 subsection (b)(3), the provider may, at its sole disVerDate Sep 11 2014 01:23 Aug 10, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8918.IH H8918

ssavage on LAPJG3WLY3PROD with BILLS
8 

•HR 8918 IH

1 cretion, include in the report information submitted 

2 to the provider by a user, subscriber, or customer al3 leging facts or circumstances described in subsection 

4 (b)(2) if the provider, upon review, has a reasonable 

5 belief that the alleged facts or circumstances exist. 

6 ‘‘(d) HANDLING OF REPORTS.—Upon receipt of a re7 port submitted under subsection (b), the Administrator of 

8 the Drug Enforcement Administration— 

9 ‘‘(1) shall conduct a preliminary review of such 

10 report; and 

11 ‘‘(2) after completing the preliminary review, 

12 shall— 

13 ‘‘(A) conduct further investigation of the 

14 report, which may include making the report 

15 available to other Federal, State, or local law 

16 enforcement agencies involved in the investiga17 tion of crimes described in subsection (b)(2), if 

18 the Administrator determines that the report 

19 facially contains sufficient information to war20 rant and permit further investigation; or 

21 ‘‘(B) conclude that no further investigative 

22 steps are warranted or possible, or that insuffi23 cient evidence exists to make a determination, 

24 and close the report. 

25 ‘‘(e) ATTORNEY GENERAL RESPONSIBILITIES.— 


ssavage on LAPJG3WLY3PROD with BILLS
9 

•HR 8918 IH

1 ‘‘(1) IN GENERAL.—The Attorney General shall 

2 enforce this section. 

3 ‘‘(2) DESIGNATION OF FEDERAL AGENCIES.— 

4 The Attorney General may designate a Federal law 

5 enforcement agency or agencies to which the Drug 

6 Enforcement Administration may forward a report 

7 under subsection (d). 

8 ‘‘(3) DATA MINIMIZATION REQUIREMENTS.— 

9 The Attorney General shall take reasonable meas10 ures to— 

11 ‘‘(A) limit the storage of a report sub12 mitted under subsection (b) and its contents to 

13 the amount that is necessary to carry out the 

14 investigation of crimes described in subsection 

15 (b)(2); and 

16 ‘‘(B) store a report submitted under sub17 section (b) and its contents only as long as is 

18 reasonably necessary to carry out an investiga19 tion of crimes described in subsection (b)(2) or 

20 make the report available to other agencies 

21 under subsection (d)(2)(A), after which time 

22 the report and its contents shall be deleted un23 less the preservation of a report has future evi24 dentiary value. 

25 ‘‘(f) FAILURE TO COMPLY WITH REQUIREMENTS.— 


ssavage on LAPJG3WLY3PROD with BILLS
10 

•HR 8918 IH

1 ‘‘(1) CRIMINAL PENALTY.— 

2 ‘‘(A) OFFENSE.—It shall be unlawful for a 

3 provider to knowingly fail to submit a report re4 quired under subsection (b)(1). 

5 ‘‘(B) PENALTY.—A provider that violates 

6 subparagraph (A) shall be fined— 

7 ‘‘(i) in the case of an initial violation, 

8 not more than $190,000; and 

9 ‘‘(ii) in the case of any second or sub10 sequent violation, not more than $380,000. 

11 ‘‘(2) CIVIL PENALTY.—In addition to any other 

12 available civil or criminal penalty, a provider shall be 

13 liable to the United States Government for a civil 

14 penalty in an amount not less than $50,000 and not 

15 more than $100,000 if the provider knowingly sub16 mits a report under subsection (b) that— 

17 ‘‘(A) contains materially false or fraudu18 lent information; or 

19 ‘‘(B) omits information described in sub20 section (c)(1)(A) that is reasonably available. 

21 ‘‘(g) PROTECTION OF PRIVACY.—Nothing in this sec22 tion shall be construed to— 

23 ‘‘(1) require a provider to monitor any user, 

24 subscriber, or customer of that provider; 


ssavage on LAPJG3WLY3PROD with BILLS
11 

•HR 8918 IH

1 ‘‘(2) require a provider to monitor the content 

2 of any communication of any person described in 

3 paragraph (1); 

4 ‘‘(3) require a provider to affirmatively search, 

5 screen, or scan for facts or circumstances described 

6 in subsection (b)(2); 

7 ‘‘(4) permit actual knowledge to be proven 

8 based solely on a provider’s decision not to engage 

9 in additional verification or investigation to discover 

10 facts and circumstances that are not readily appar11 ent, so long as the provider does not deliberately 

12 blind itself to those violations; or 

13 ‘‘(5) prohibit a provider from using end-to-end 

14 encryption or require a provider to decrypt 

15 encrypted communications. 

16 ‘‘(h) CONDITIONS OF DISCLOSURE OF INFORMATION

17 CONTAINED WITHIN REPORT.— 

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2), a law enforcement agency that receives a 

20 report under subsection (d) shall not disclose any in21 formation contained in that report. 

22 ‘‘(2) PERMITTED DISCLOSURES BY LAW EN23 FORCEMENT.—A law enforcement agency may dis24 close information in a report received under sub25 section (d)— 


ssavage on LAPJG3WLY3PROD with BILLS
12 

•HR 8918 IH

1 ‘‘(A) to an attorney for the government for 

2 use in the performance of the official duties of 

3 that attorney, including providing discovery to a 

4 defendant; 

5 ‘‘(B) to such officers and employees of that 

6 law enforcement agency, as may be necessary in 

7 the performance of their investigative and rec8 ordkeeping functions; 

9 ‘‘(C) to such other government personnel 

10 (including personnel of a State or subdivision of 

11 a State) as are determined to be necessary by 

12 an attorney for the government to assist the at13 torney in the performance of the official duties 

14 of the attorney in enforcing Federal criminal 

15 law; 

16 ‘‘(D) if the report discloses an apparent 

17 violation of State criminal law, to an appro18 priate official of a State or subdivision of a 

19 State for the purpose of enforcing such State 

20 law; 

21 ‘‘(E) to a defendant in a criminal case or 

22 the attorney for that defendant to the extent 

23 the information relates to a criminal charge 

24 pending against that defendant; 


ssavage on LAPJG3WLY3PROD with BILLS
13 

•HR 8918 IH

1 ‘‘(F) to a provider if necessary to facilitate 

2 response to legal process issued in connection to 

3 a criminal investigation, prosecution, or post4 conviction remedy relating to that report; 

5 ‘‘(G) as ordered by a court upon a showing 

6 of good cause and pursuant to any protective 

7 orders or other conditions that the court may 

8 impose; and 

9 ‘‘(H) in order to facilitate the enforcement 

10 of the penalties authorized under subsection (f). 

11 ‘‘(i) PRESERVATION.— 

12 ‘‘(1) IN GENERAL.— 

13 ‘‘(A) REQUEST TO PRESERVE CON14 TENTS.— 

15 ‘‘(i) IN GENERAL.—Subject to clause 

16 (ii), for the purposes of this section, a com17 pleted submission by a provider of a report 

18 to the Drug Enforcement Administration 

19 under subsection (b)(1) shall be treated as 

20 a request to preserve the contents provided 

21 in the report, and any data or other digital 

22 files that are reasonably accessible and 

23 may provide context or additional informa24 tion about the reported material or person, 


ssavage on LAPJG3WLY3PROD with BILLS
14 

•HR 8918 IH

1 for 90 days after the submission to the 

2 Drug Enforcement Administration. 

3 ‘‘(ii) LIMITATIONS ON EXTENSION OF

4 PRESERVATION PERIOD.— 

5 ‘‘(I) STORED COMMUNICATIONS

6 ACT.—The Drug Enforcement Admin7 istration may not submit a request to 

8 a provider to continue preservation of 

9 the contents of a report or other data 

10 described in clause (i) under section 

11 2703(f) of title 18, United States 

12 Code, beyond the required period of 

13 preservation under clause (i) of this 

14 subparagraph unless the Drug En15 forcement Administration has an ac16 tive or pending investigation involving 

17 the user, subscriber, or customer ac18 count at issue in the report. 

19 ‘‘(II) RULE OF CONSTRUC20 TION.—Nothing in subclause (I) shall 

21 preclude another Federal, State, or 

22 local law enforcement agency from 

23 seeking continued preservation of the 

24 contents of a report or other data de25 scribed in clause (i) under section 


ssavage on LAPJG3WLY3PROD with BILLS
15 

•HR 8918 IH

1 2703(f) of title 18, United States 

2 Code. 

3 ‘‘(B) NOTIFICATION TO USER.—A provider 

4 may not notify a user, subscriber, or customer 

5 of the provider of a preservation request de6 scribed in subparagraph (A) unless— 

7 ‘‘(i) the provider has notified the 

8 Drug Enforcement Administration of its 

9 intent to provide that notice; and 

10 ‘‘(ii) 45 business days have elapsed 

11 since the notification under clause (i). 

12 ‘‘(2) PROTECTION OF PRESERVED MATE13 RIALS.—A provider preserving materials under this 

14 section shall maintain the materials in a secure loca15 tion and take appropriate steps to limit access to the 

16 materials by agents or employees of the service to 

17 that access necessary to comply with the require18 ments of this subsection. 

19 ‘‘(3) AUTHORITIES AND DUTIES NOT AF20 FECTED.—Nothing in this section shall be construed 

21 as replacing, amending, or otherwise interfering with 

22 the authorities and duties under section 2703 of title 

23 18, United States Code. 

24 ‘‘(4) RELATION TO REPORTING REQUIRE25 MENT.—Submission of a report as required by subVerDate Sep 11 2014 01:23 Aug 10, 2024 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H8918.IH H8918

ssavage on LAPJG3WLY3PROD with BILLS
16 

•HR 8918 IH

1 section (b)(1) does not satisfy the obligations under 

2 this subsection. 

3 ‘‘(j) ANNUAL REPORT.—Not later than 1 year after 

4 the date of enactment of the Cooper Davis and Devin 

5 Norring Act, and annually thereafter, the Administrator 

6 of the Drug Enforcement Administration shall publish a 

7 report that includes, for the reporting period— 

8 ‘‘(1) the total number of reports received from 

9 providers under subsection (b)(1); 

10 ‘‘(2) the number of reports received under sub11 section (b)(1) disaggregated by— 

12 ‘‘(A) the provider on whose electronic com13 munication service or remote computing service 

14 the crime for which there are facts or cir15 cumstances occurred; and 

16 ‘‘(B) the subsidiary of a provider, if any, 

17 on whose electronic communication service or 

18 remote computing service the crime for which 

19 there are facts or circumstances occurred; 

20 ‘‘(3) the number of reports received under sub21 section (b)(1) that led to convictions in cases inves22 tigated by the Drug Enforcement Administration; 

23 ‘‘(4) the number of reports received under sub24 section (b)(1) that lacked actionable information; 


ssavage on LAPJG3WLY3PROD with BILLS
17 

•HR 8918 IH

1 ‘‘(5) the number of reports received under sub2 section (b)(1) where the facts or circumstances of a 

3 crime were discovered through— 

4 ‘‘(A) content moderation conducted by a 

5 human; or 

6 ‘‘(B) a non-human method including use of 

7 an algorithm, machine learning, or other 

8 means; 

9 ‘‘(6) the number of reports received under sub10 section (b)(1) that were made available to other law 

11 enforcement agencies, disaggregated by— 

12 ‘‘(A) the number of reports made available 

13 to Federal law enforcement agencies; 

14 ‘‘(B) the number of reports made available 

15 to State law enforcement agencies; and 

16 ‘‘(C) the number of reports made available 

17 to local law enforcement agencies; and 

18 ‘‘(7) the number of requests to providers to 

19 continue preservation of the contents of a report or 

20 other data described in subsection (i)(1)(A)(i) sub21 mitted by the Drug Enforcement Administration 

22 under section 2703(f) of title 18, United States 

23 Code. 


ssavage on LAPJG3WLY3PROD with BILLS
18 

•HR 8918 IH

1 ‘‘(k) PROHIBITION ON SUBMISSION OF USER, SUB2 SCRIBER, CUSTOMER, OR ANONYMOUS REPORTS BY LAW

3 ENFORCEMENT.— 

4 ‘‘(1) IN GENERAL.—No Federal, Tribal, State, 

5 or local law enforcement officer acting in an official 

6 capacity may submit a report to a provider or ar7 range for another individual to submit a report to a 

8 provider on behalf of the officer under this section. 

9 ‘‘(2) REMEDY FOR VIOLATION.—No part of the 

10 contents of a provider’s report made under sub11 section (b)(1) or (b)(3) and no evidence derived 

12 therefrom may be received in evidence in any trial, 

13 hearing, or other proceeding in or before any court, 

14 department, officer, agency, regulatory body, legisla15 tive committee, or other authority of the United 

16 States, a State, or a political subdivision thereof if 

17 that provider report resulted from an action prohib18 ited by paragraph (1) of this subsection. 

19 ‘‘(l) EXEMPTIONS.—Subsections (b) through (k) shall 

20 not apply to a provider of broadband internet access serv21 ice, as that term is defined in section 8.1(b) of title 47, 

22 Code of Federal Regulations (or any successor regulation), 

23 or a provider of a text messaging service, as that term 

24 is defined in section 227 of the Communications Act of 


ssavage on LAPJG3WLY3PROD with BILLS
19 

•HR 8918 IH

1 1934 (47 U.S.C. 227), insofar as the provider is acting 

2 as a provider of such service.’’. 

3 (2) TECHNICAL AND CONFORMING AMEND4 MENT.—The table of contents for the Controlled 

5 Substances Act (21 U.S.C. 801 et seq.) is amended 

6 by inserting after the item relating to section 520 

7 the following: 

‘‘Sec. 521. Reporting requirements of electronic communication service providers and remote computing services for certain controlled 

substances violations.’’. 

8 (b) CONFORMING AMENDMENTS TO STORED COMMU9 NICATIONS ACT.— 

10 (1) IN GENERAL.—Section 2702 of title 18, 

11 United States Code, is amended— 

12 (A) in subsection (b)— 

13 (i) in paragraph (8), by striking ‘‘or’’ 

14 at the end; 

15 (ii) in paragraph (9), by striking the 

16 period at the end and inserting ‘‘; or’’; and 

17 (iii) by adding at the end the fol18 lowing: 

19 ‘‘(10) to the Drug Enforcement Administration, 

20 in connection with a report submitted thereto under 

21 section 521 of the Controlled Substances Act.’’; and 

22 (B) in subsection (c)— 

23 (i) in paragraph (6), by striking ‘‘or’’ 

24 at the end; 


ssavage on LAPJG3WLY3PROD with BILLS
20 

•HR 8918 IH

1 (ii) in paragraph (7), by striking the 

2 period at the end and inserting ‘‘; or’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(8) to the Drug Enforcement Administration, 

6 in connection with a report submitted thereto under 

7 section 521 of the Controlled Substances Act.’’. 

8 (2) TECHNICAL AMENDMENT.—Paragraph (7) 

9 of section 2702(b) of title 18, United States Code, 

10 is amended to read as follows: 

11 ‘‘(7) to a law enforcement agency if the con12 tents— 

13 ‘‘(A) were inadvertently obtained by the 

14 service provider; and 

15 ‘‘(B) appear to pertain to the commission 

16 of a crime;’’. 

17 SEC. 3. SEVERABILITY. 

18 If any provision of this Act or amendment made by 

19 this Act, or the application of such a provision or amend20 ment to any person or circumstance, is held to be uncon21 stitutional, the remaining provisions of this Act and 

22 amendments made by this Act, and the application of such 

23 provision or amendment to any other person or cir24 cumstance, shall not be affected thereby. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS