II 

Calendar No. 200 

118TH CONGRESS 

1ST SESSION S. 1080 

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 SENATE OF THE UNITED STATES 

MARCH 30, 2023 

Mr. MARSHALL (for himself, Mrs. SHAHEEN, Mr. DURBIN, Mr. GRASSLEY, 

Ms. KLOBUCHAR, and Mr. YOUNG) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

SEPTEMBER 5, 2023 

Reported by Mr. DURBIN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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 Act’’. 


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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 ‘‘SEC. 521. REPORTING REQUIREMENTS OF ELECTRONIC 

11 COMMUNICATION SERVICE PROVIDERS AND 

12 REMOTE COMPUTING SERVICES FOR CER13 TAIN CONTROLLED SUBSTANCES VIOLA14 TIONS. 

15 ‘‘(a) DEFINITIONS.—In this section, the terms ‘elec16 tronic communication service’, ‘electronic mail address’, 

17 ‘provider’, ‘remote computing service’, and ‘website’ have 

18 the meanings given those terms in section 2258E of title 

19 18, United States Code. 

20 ‘‘(b) DUTY TO REPORT.— 

21 ‘‘(1) IN GENERAL.— 

22 ‘‘(A) DUTY.—In order to reduce the pro23 liferation of the unlawful sale, distribution, or 

24 manufacture (as applicable) of counterfeit con25 trolled substances and certain controlled sub26 stances, a provider— 


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1 ‘‘(i) shall, as soon as reasonably pos2 sible after obtaining actual knowledge of 

3 any facts or circumstances described in 

4 paragraph (2)(A), take the actions de5 scribed in subparagraph (B); 

6 ‘‘(ii) may, after obtaining actual 

7 knowledge of any facts or circumstances 

8 described in paragraph (2)(B), take the ac9 tions described in subparagraph (B); 

10 ‘‘(iii) may, if the provider reasonably 

11 believes that any facts or circumstances 

12 described in paragraph (2)(A) exist, take 

13 the actions described in subparagraph (B); 

14 and 

15 ‘‘(iv) shall, if a submission to the pro16 vider by a user, subscriber, or customer of 

17 the provider alleges facts or circumstances 

18 described in paragraph (2) and the pro19 vider upon review has a reasonable belief 

20 that the alleged facts or circumstances 

21 exist, take the actions described in sub22 paragraph (B). 

23 ‘‘(B) ACTIONS DESCRIBED.—The actions 

24 described in this subparagraph are— 


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1 ‘‘(i) providing to the Drug Enforce2 ment Administration the mailing address, 

3 telephone number, facsimile number, and 

4 electronic mailing address of, and indi5 vidual point of contact for, such provider; 

6 and 

7 ‘‘(ii) making a report of such facts or 

8 circumstances to the Drug Enforcement 

9 Administration. 

10 ‘‘(2) FACTS AND CIRCUMSTANCES.— 

11 ‘‘(A) VIOLATIONS.—The facts or cir12 cumstances described in this subparagraph are 

13 any facts or circumstances that indicate a viola14 tion has occurred involving— 

15 ‘‘(i) the unlawful sale or distribution 

16 of— 

17 ‘‘(I) fentanyl; or 

18 ‘‘(II) methamphetamine; or 

19 ‘‘(ii) the unlawful sale, distribution, or 

20 manufacture of a counterfeit controlled 

21 substance. 

22 ‘‘(B) IMMINENT VIOLATIONS.—The facts 

23 or circumstances described in this subparagraph 

24 are any facts or circumstances that indicate 


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1 that a violation described in subparagraph (A) 

2 may be planned or imminent. 

3 ‘‘(c) CONTENTS OF REPORT.— 

4 ‘‘(1) IN GENERAL.—In an effort to prevent fu5 ture violations described in subsection (b)(2)(A), and 

6 to the extent the information is within the custody 

7 or control of a provider, the facts and circumstances 

8 included in each report under subsection (b)(1) may, 

9 at the sole discretion of the provider, except as pro10 vided in paragraph (2), include the following infor11 mation: 

12 ‘‘(A) INFORMATION ABOUT THE INVOLVED

13 INDIVIDUAL.—Information relating to the iden14 tity of any individual who has committed a vio15 lation or plans to commit a violation described 

16 in subsection (b)(2)(A), which may, to the ex17 tent reasonably practicable, include the elec18 tronic mail address, Internet Protocol address, 

19 uniform resource locator, payment information 

20 (excluding personally identifiable information), 

21 screen names or monikers for the account used 

22 or any other accounts associated with the indi23 vidual, or any other identifying information, in24 cluding self-reported identifying information. 


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1 ‘‘(B) HISTORICAL REFERENCE.—Informa2 tion relating to when and how a customer or 

3 subscriber of a provider uploaded, transmitted, 

4 or received content relating to the report or 

5 when and how content relating to the report 

6 was reported to or discovered by the provider, 

7 including a date and time stamp and time zone. 

8 ‘‘(C) GEOGRAPHIC LOCATION INFORMA9 TION.—Information relating to the geographic 

10 location of the involved individual or website, 

11 which may include the Internet Protocol ad12 dress or verified address, or, if not reasonably 

13 available, at least one form of geographic iden14 tifying information, including area code or ZIP 

15 Code, provided by the customer or subscriber, 

16 or stored or obtained by the provider, and any 

17 information as to whether a virtual private net18 work was used. 

19 ‘‘(D) DATA RELATING TO CERTAIN CON20 TROLLED SUBSTANCES VIOLATIONS.—Any data, 

21 including symbols, photos, video, icons, or direct 

22 messages, relating to activity involving a viola23 tion described in subsection (b)(2)(A) or other 

24 content relating to the incident such report is 

25 regarding. 


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1 ‘‘(E) COMPLETE COMMUNICATION.—The 

2 complete communication containing the intent 

3 to commit a violation described in subsection 

4 (b)(2)(A), including— 

5 ‘‘(i) any data or information regard6 ing the transmission of the communication; 

7 and 

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

9 contained in, or attached to, the commu10 nication. 

11 ‘‘(2) EXCEPTION.—In the case of a report 

12 under subsection (b)(1) that is mandated under sub13 paragraph (A)(iv) of that subsection— 

14 ‘‘(A) the provider shall include in the re15 port the information submitted to the provider 

16 by the user, subscriber, or customer; and 

17 ‘‘(B) the provider may include in the re18 port any information described in paragraph (1) 

19 that the user, subscriber, or customer did not 

20 submit to the provider. 

21 ‘‘(d) FORWARDING OF REPORT TO OTHER FEDERAL

22 LAW ENFORCEMENT AGENCIES, STATE AND LOCAL LAW

23 ENFORCEMENT AGENCIES, AND FOREIGN LAW ENFORCE24 MENT AGENCIES.—The Drug Enforcement Administra25 tion shall make available each report made under subVerDate Sep 11 2014 01:01 Sep 06, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1080.RS S1080

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1 section (b)(1) to other Federal law enforcement agencies, 

2 State and local law enforcement agencies, and foreign law 

3 enforcement agencies involved in the investigation of viola4 tions described in subsection (b)(2)(A), unless the Drug 

5 Enforcement Administration will conduct the investigation 

6 of the report. 

7 ‘‘(e) ATTORNEY GENERAL RESPONSIBILITIES.— 

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

9 enforce this section. 

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

11 The Attorney General may designate a Federal law 

12 enforcement agency or agencies to which the Drug 

13 Enforcement Administration shall forward a report 

14 under subsection (d). 

15 ‘‘(3) DESIGNATION OF FOREIGN AGENCIES.— 

16 The Attorney General may— 

17 ‘‘(A) in consultation with the Secretary of 

18 State, designate foreign law enforcement agen19 cies to which a report may be forwarded under 

20 subsection (d); 

21 ‘‘(B) establish the conditions under which 

22 such a report may be forwarded to such agen23 cies; and 

24 ‘‘(C) develop a process for foreign law en25 forcement agencies to request assistance from 


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1 Federal law enforcement agencies in obtaining 

2 evidence related to a report referred under sub3 section (d). 

4 ‘‘(4) REPORTING DESIGNATED FOREIGN AGEN5 CIES.—The Attorney General may maintain and 

6 make available to the Department of State, pro7 viders, the Committee on the Judiciary of the Sen8 ate, and the Committee on the Judiciary of the 

9 House of Representatives a list of the foreign law 

10 enforcement agencies designated under paragraph 

11 (3). 

12 ‘‘(5) NOTIFICATION TO PROVIDERS.— 

13 ‘‘(A) IN GENERAL.—The Drug Enforce14 ment Administration may notify a provider of 

15 the information described in subparagraph (B), 

16 if— 

17 ‘‘(i) a provider notifies the Drug En18 forcement Administration that the provider 

19 is making a report under this section as 

20 the result of a request by a foreign law en21 forcement agency; and 

22 ‘‘(ii) the Drug Enforcement Adminis23 tration forwards the report described in 

24 clause (i) to— 


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1 ‘‘(I) the requesting foreign law 

2 enforcement agency; or 

3 ‘‘(II) another agency in the same 

4 country designated by the Attorney 

5 General under paragraph (3). 

6 ‘‘(B) INFORMATION DESCRIBED.—The in7 formation described in this subparagraph is— 

8 ‘‘(i) the identity of the foreign law en9 forcement agency to which the report was 

10 forwarded; and 

11 ‘‘(ii) the date on which the report was 

12 forwarded. 

13 ‘‘(C) NOTIFICATION OF INABILITY TO FOR14 WARD REPORT.—If a provider notifies the Drug 

15 Enforcement Administration that the provider 

16 is making a report under this section as the re17 sult of a request by a foreign law enforcement 

18 agency and the Drug Enforcement Administra19 tion is unable to forward the report as de20 scribed in subparagraph (A)(ii), the Drug En21 forcement Administration shall notify the pro22 vider that the Drug Enforcement Administra23 tion was unable to forward the report. 


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1 ‘‘(f) FAILURE TO REPORT.—A provider that know2 ingly and willfully fails to make a report required under 

3 subsection (b)(1) shall be fined— 

4 ‘‘(1) in the case of an initial knowing and will5 ful failure to make a report, not more than 

6 $190,000; and 

7 ‘‘(2) in the case of any second or subsequent 

8 knowing and willful failure to make a report, not 

9 more than $380,000. 

10 ‘‘(g) PROTECTION OF PRIVACY.—Nothing in this sec11 tion shall be construed to require a provider to— 

12 ‘‘(1) monitor any user, subscriber, or customer 

13 of that provider; 

14 ‘‘(2) monitor the content of any communication 

15 of any person described in paragraph (1); or 

16 ‘‘(3) affirmatively search, screen, or scan for 

17 facts or circumstances described in subsections (b) 

18 and (c). 

19 ‘‘(h) CONDITIONS OF DISCLOSURE OF INFORMATION

20 CONTAINED WITHIN REPORT.— 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2), a law enforcement agency that receives a 

23 report under subsection (d) shall not disclose any in24 formation contained in that report. 


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1 ‘‘(2) PERMITTED DISCLOSURES BY LAW EN2 FORCEMENT.—A law enforcement agency may dis3 close information in a report received under sub4 section (d)— 

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

6 use in the performance of the official duties of 

7 that attorney; 

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

9 law enforcement agency, as may be necessary in 

10 the performance of their investigative and rec11 ordkeeping functions; 

12 ‘‘(C) to such other government personnel 

13 (including personnel of a State or subdivision of 

14 a State) as are determined to be necessary by 

15 an attorney for the government to assist the at16 torney in the performance of the official duties 

17 of the attorney in enforcing Federal criminal 

18 law; 

19 ‘‘(D) if the report discloses a violation of 

20 State criminal law, to an appropriate official of 

21 a State or subdivision of a State for the pur22 pose of enforcing such State law; 

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

24 the attorney for that defendant to the extent 


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1 the information relates to a criminal charge 

2 pending against that defendant; 

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

4 response to legal process issued in connection to 

5 a criminal investigation, prosecution, or post6 conviction remedy relating to that report; and 

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

8 of good cause and pursuant to any protective 

9 orders or other conditions that the court may 

10 impose. 

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, 


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1 for 90 days after the submission to the 

2 Drug Enforcement Administration. 

3 ‘‘(ii) LIMITATIONS ON EXTENSION OF

4 PRESERVATION PERIOD.— 

5 ‘‘(I) NOTIFICATION THAT DEA

6 HAS FORWARDED REPORT TO FOR7 EIGN LAW ENFORCEMENT AGENCY.— 

8 The Drug Enforcement Administra9 tion may not extend the required pe10 riod of preservation under clause (i) 

11 on the basis of a notification by the 

12 Drug Enforcement Administration to 

13 the provider under subsection 

14 (e)(5)(A). 

15 ‘‘(II) STORED COMMUNICATIONS

16 ACT.—The Drug Enforcement Admin17 istration may not submit a request to 

18 a provider to continue preservation of 

19 the contents of a report or other data 

20 described in clause (i) under section 

21 2703(f) of title 18, United States 

22 Code, beyond the required period of 

23 preservation under clause (i) of this 

24 subparagraph unless the Drug En25 forcement Administration intends in 


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1 good faith to investigate the user, sub2 scriber, or customer account at issue 

3 in the report or make the report avail4 able to another Federal, State, or 

5 local law enforcement agency. 

6 ‘‘(III) RULE OF CONSTRUC7 TION.—Nothing in subclause (II) shall 

8 preclude another Federal, State, or 

9 local law enforcement agency from 

10 seeking continued preservation of the 

11 contents of a report or other data de12 scribed in clause (i) under section 

13 2703(f) of title 18, United States 

14 Code. 

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

16 may not notify a user, subscriber, or customer 

17 of the provider of a preservation request de18 scribed in subparagraph (A) unless— 

19 ‘‘(i) the provider has notified the 

20 Drug Enforcement Administration of its 

21 intent to provide that notice; and 

22 ‘‘(ii) 5 business days have elapsed 

23 since the notification under clause (i). 

24 ‘‘(2) PROTECTION OF PRESERVED MATE25 RIALS.—A provider preserving materials under this 


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1 section shall maintain the materials in a secure loca2 tion and take appropriate steps to limit access to the 

3 materials by agents or employees of the service to 

4 that access necessary to comply with the require5 ments of this subsection. 

6 ‘‘(3) AUTHORITIES AND DUTIES NOT AF7 FECTED.—Nothing in this section shall be construed 

8 as replacing, amending, or otherwise interfering with 

9 the authorities and duties under section 2703 of title 

10 18, United States Code.’’. 

11 (2) TECHNICAL AND CONFORMING AMEND12 MENT.—The table of contents for the Controlled 

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

14 by inserting after the item relating to section 520 

15 the following: 

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

substances violations.’’. 

16 (b) CONFORMING AMENDMENTS TO STORED COMMU17 NICATIONS ACT.— 

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

19 United States Code, is amended— 

20 (A) in subsection (b)— 

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

22 at the end; 

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

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


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(10) to a law enforcement agency, in connec4 tion with a report submitted thereto under section 

5 521 of the Controlled Substances Act.’’; and 

6 (B) in subsection (c)— 

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

8 at the end; 

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

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

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(8) to a law enforcement agency, in connection 

14 with a report submitted thereto under section 521 of 

15 the Controlled Substances Act.’’. 

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

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

18 is amended to read as follows: 

19 ‘‘(7) to a law enforcement agency if the con20 tents— 

21 ‘‘(A) were inadvertently obtained by the 

22 service provider; and 

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

24 of a crime;’’. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Cooper Davis Act’’. 

3 SEC. 2. REPORTING REQUIREMENTS OF ELECTRONIC COM4 MUNICATION SERVICE PROVIDERS AND RE5 MOTE COMPUTING SERVICES FOR CERTAIN 

6 CONTROLLED SUBSTANCES VIOLATIONS. 

7 (a) AMENDMENTS TO CONTROLLED SUBSTANCES

8 ACT.— 

9 (1) IN GENERAL.—Part E of the Controlled Sub10 stances Act (21 U.S.C. 871 et seq.) is amended by 

11 adding at the end the following: 

12 ‘‘REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICA13 TION SERVICE PROVIDERS AND REMOTE COMPUTING

14 SERVICES FOR CERTAIN CONTROLLED SUBSTANCES

15 VIOLATIONS

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

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

18 has the meaning given that term in section 2510 of 

19 title 18, United States Code; 

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

21 meaning given that term in section 3 of the CAN22 SPAM Act of 2003 (15 U.S.C. 7702); 

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

24 that term in section 1101 of the Internet Tax Free25 dom Act (47 U.S.C. 151 note); 


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

2 communication service provider or remote computing 

3 service; 

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

5 meaning given that term in section 2711 of title 18, 

6 United States Code; and 

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

8 material placed in a computer server-based file ar9 chive so that it is publicly accessible, over the Inter10 net, using hypertext transfer protocol or any successor 

11 protocol. 

12 ‘‘(b) DUTY TO REPORT.— 

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

14 proliferation of the unlawful sale, distribution, or 

15 manufacture (as applicable) of counterfeit substances 

16 and certain controlled substances, a provider shall, as 

17 soon as reasonably possible after obtaining actual 

18 knowledge of any facts or circumstances described in 

19 paragraph (2), and in any event not later than 60 

20 days after obtaining such knowledge, submit to the 

21 Drug Enforcement Administration a report con22 taining— 

23 ‘‘(A) the mailing address, telephone number, 

24 facsimile number, and electronic mailing address 


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1 of, and individual point of contact for, such pro2 vider; 

3 ‘‘(B) information described in subsection (c) 

4 concerning such facts or circumstances; and 

5 ‘‘(C) for purposes of subsection (j), informa6 tion indicating whether the facts or cir7 cumstances were discovered through content mod8 eration conducted by a human or via a non9 human method, including use of an algorithm, 

10 machine learning, or other means. 

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

12 circumstances described in this paragraph are any 

13 facts or circumstances establishing that a crime is 

14 being or has already been committed involving— 

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

16 dispensing, or possession with intent to manu17 facture, distribute, or dispense— 

18 ‘‘(i) fentanyl; or 

19 ‘‘(ii) methamphetamine; 

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

21 dispensing, or possession with intent to manu22 facture, distribute, or dispense a counterfeit sub23 stance, including a counterfeit substance pur24 porting to be a prescription drug; or 


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

2 an actual or purported prescription pain medi3 cation or prescription stimulant by any indi4 vidual or entity that is not a practitioner or on5 line pharmacy, including an individual or enti6 ty that falsely claims to be a practitioner or on7 line pharmacy. 

8 ‘‘(3) PERMITTED ACTIONS BASED ON REASON9 ABLE BELIEF.—In order to reduce the proliferation of 

10 the unlawful sale, distribution, or manufacture (as 

11 applicable) of counterfeit substances and certain con12 trolled substances, if a provider has a reasonable be13 lief that facts or circumstances described in para14 graph (2) exist, the provider may submit to the Drug 

15 Enforcement Administration a report described in 

16 paragraph (1). 

17 ‘‘(c) CONTENTS OF REPORT.— 

18 ‘‘(1) IN GENERAL.—To the extent the informa19 tion is within the custody or control of a provider, the 

20 facts or circumstances included in each report under 

21 subsection (b)(1)— 

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

23 applicable and reasonably available, information 

24 relating to the account involved in the commis25 sion of a crime described in subsection (b)(2), 


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1 such as the name, address, electronic mail ad2 dress, user or account identification, Internet 

3 Protocol address, uniform resource locator, screen 

4 names or monikers for the account used or any 

5 other accounts associated with the account user, 

6 or any other identifying information, including 

7 self-reported identifying information, but not in8 cluding the contents of a wire communication or 

9 electronic communication, as those terms are de10 fined in section 2510 of title 18, United States 

11 Code, except as provided in subparagraph (B) of 

12 this paragraph; and 

13 ‘‘(B) may, at the sole discretion of the pro14 vider, include the information described in para15 graph (2) of this subsection. 

16 ‘‘(2) OTHER INFORMATION.—The information re17 ferred to in paragraph (1)(B) is the following: 

18 ‘‘(A) HISTORICAL REFERENCE.—Informa19 tion relating to when and how a user, subscriber, 

20 or customer of a provider uploaded, transmitted, 

21 or received content relating to the report or when 

22 and how content relating to the report was re23 ported to or discovered by the provider, including 

24 a date and time stamp and time zone. 


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1 ‘‘(B) GEOGRAPHIC LOCATION INFORMA2 TION.—Information relating to the geographic 

3 location of the involved individual or website, 

4 which may include the Internet Protocol address 

5 or verified address, or, if not reasonably avail6 able, at least one form of geographic identifying 

7 information, including area code or ZIP Code, 

8 provided by the user, subscriber, or customer, or 

9 stored or obtained by the provider, and any in10 formation as to whether a virtual private net11 work was used. 

12 ‘‘(C) DATA RELATING TO FACTS OR CIR13 CUMSTANCES.—Any data, including symbols, 

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

15 to activity involving the facts or circumstances 

16 described in subsection (b)(2) or other content re17 lating to the crime. 

18 ‘‘(D) COMPLETE COMMUNICATION.—The 

19 complete communication containing the informa20 tion of the crime described in subsection (b)(2), 

21 including— 

22 ‘‘(i) any data or information regard23 ing the transmission of the communication; 

24 and 


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

2 contained in, or attached to, the commu3 nication. 

4 ‘‘(3) USER, SUBSCRIBER, OR CUSTOMER SUB5 MITTED REPORTS.—In the case of a report under sub6 section (b)(3), the provider may, at its sole discretion, 

7 include in the report information submitted to the 

8 provider by a user, subscriber, or customer alleging 

9 facts or circumstances described in subsection (b)(2) if 

10 the provider, upon review, has a reasonable belief that 

11 the alleged facts or circumstances exist. 

12 ‘‘(d) HANDLING OF REPORTS.—Upon receipt of a re13 port submitted under subsection (b), the Drug Enforcement 

14 Administration— 

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

16 report; and 

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

18 shall— 

19 ‘‘(A) conduct further investigation of the re20 port, which may include making the report 

21 available to other Federal, State, or local law en22 forcement agencies involved in the investigation 

23 of crimes described in subsection (b)(2), if the 

24 Drug Enforcement Administration determines 

25 that the report facially contains sufficient inforVerDate Sep 11 2014 01:01 Sep 06, 2023 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\S1080.RS S1080

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1 mation to warrant and permit further investiga2 tion; or 

3 ‘‘(B) conclude that no further investigative 

4 steps are warranted or possible, or that insuffi5 cient evidence exists to make a determination, 

6 and close the report. 

7 ‘‘(e) ATTORNEY GENERAL RESPONSIBILITIES.— 

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

9 enforce this section. 

10 ‘‘(2) DESIGNATION OF FEDERAL AGENCIES.—The 

11 Attorney General may designate a Federal law en12 forcement agency or agencies to which the Drug En13 forcement Administration may forward a report 

14 under subsection (d). 

15 ‘‘(3) DATA MINIMIZATION REQUIREMENTS.—The 

16 Attorney General shall take reasonable measures to— 

17 ‘‘(A) limit the storage of a report submitted 

18 under subsection (b) and its contents to the 

19 amount that is necessary to carry out the inves20 tigation of crimes described in subsection (b)(2); 

21 and 

22 ‘‘(B) store a report submitted under sub23 section (b) and its contents only as long as is 

24 reasonably necessary to carry out an investiga25 tion of crimes described in subsection (b)(2) or 


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1 make the report available to other agencies under 

2 subsection (d)(2)(A), after which time the report 

3 and its contents shall be deleted unless the pres4 ervation of a report has future evidentiary value. 

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

6 ‘‘(1) CRIMINAL PENALTY.— 

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

8 provider to knowingly fail to submit a report re9 quired under subsection (b)(1). 

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

11 subparagraph (A) shall be fined— 

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

13 not more than $190,000; and 

14 ‘‘(ii) in the case of any second or sub15 sequent violation, not more than $380,000. 

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

17 available civil or criminal penalty, a provider shall 

18 be liable to the United States Government for a civil 

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

20 more than $100,000 if the provider knowingly sub21 mits a report under subsection (b) that— 

22 ‘‘(A) contains materially false or fraudulent 

23 information; or 

24 ‘‘(B) omits information described in sub25 section (c)(1)(A) that is reasonably available. 


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•S 1080 RS

1 ‘‘(g) PROTECTION OF PRIVACY.—Nothing in this sec2 tion shall be construed to— 

3 ‘‘(1) require a provider to monitor any user, sub4 scriber, or customer of that provider; 

5 ‘‘(2) require a provider to monitor the content of 

6 any communication of any person described in para7 graph (1); 

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

9 screen, or scan for facts or circumstances described in 

10 subsection (b)(2); or 

11 ‘‘(4) permit actual knowledge to be proven based 

12 solely on a provider’s decision not to engage in addi13 tional verification or investigation to discover facts 

14 and circumstances that are not readily apparent, so 

15 long as the provider does not deliberately blind itself 

16 to those violations. 

17 ‘‘(h) CONDITIONS OF DISCLOSURE OF INFORMATION

18 CONTAINED WITHIN REPORT.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), a law enforcement agency that receives a 

21 report under subsection (d) shall not disclose any in22 formation contained in that report. 

23 ‘‘(2) PERMITTED DISCLOSURES BY LAW EN24 FORCEMENT.—A law enforcement agency may disclose 


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•S 1080 RS

1 information in a report received under subsection 

2 (d)— 

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

4 use in the performance of the official duties of 

5 that attorney, including providing discovery to a 

6 defendant; 

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

8 law enforcement agency, as may be necessary in 

9 the performance of their investigative and rec10 ordkeeping functions; 

11 ‘‘(C) to such other government personnel 

12 (including personnel of a State or subdivision of 

13 a State) as are determined to be necessary by an 

14 attorney for the government to assist the attorney 

15 in the performance of the official duties of the at16 torney in enforcing Federal criminal law; 

17 ‘‘(D) if the report discloses an apparent vio18 lation of State criminal law, to an appropriate 

19 official of a State or subdivision of a State for 

20 the purpose of enforcing such State law; 

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

22 the attorney for that defendant to the extent the 

23 information relates to a criminal charge pending 

24 against that defendant; 


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•S 1080 RS

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 or7 ders or other conditions that the court may im8 pose; 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 CONTENTS.— 

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

15 (ii), for the purposes of this section, a com16 pleted submission by a provider of a report 

17 to the Drug Enforcement Administration 

18 under subsection (b)(1) shall be treated as a 

19 request to preserve the contents provided in 

20 the report, and any data or other digital 

21 files that are reasonably accessible and may 

22 provide context or additional information 

23 about the reported material or person, for 

24 90 days after the submission to the Drug 

25 Enforcement Administration. 


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•S 1080 RS

1 ‘‘(ii) LIMITATIONS ON EXTENSION OF

2 PRESERVATION PERIOD.— 

3 ‘‘(I) STORED COMMUNICATIONS

4 ACT.—The Drug Enforcement Admin5 istration may not submit a request to 

6 a provider to continue preservation of 

7 the contents of a report or other data 

8 described in clause (i) under section 

9 2703(f) of title 18, United States Code, 

10 beyond the required period of preserva11 tion under clause (i) of this subpara12 graph unless the Drug Enforcement 

13 Administration has an active or pend14 ing investigation involving the user, 

15 subscriber, or customer account at 

16 issue in the report. 

17 ‘‘(II) RULE OF CONSTRUCTION.— 

18 Nothing in subclause (I) shall preclude 

19 another Federal, State, or local law en20 forcement agency from seeking contin21 ued preservation of the contents of a 

22 report or other data described in clause 

23 (i) under section 2703(f) of title 18, 

24 United States Code. 


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•S 1080 RS

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

2 may not notify a user, subscriber, or customer of 

3 the provider of a preservation request described 

4 in subparagraph (A) unless— 

5 ‘‘(i) the provider has notified the Drug 

6 Enforcement Administration of its intent to 

7 provide that notice; and 

8 ‘‘(ii) 45 business days have elapsed 

9 since the notification under clause (i). 

10 ‘‘(2) PROTECTION OF PRESERVED MATERIALS.— 

11 A provider preserving materials under this section 

12 shall maintain the materials in a secure location and 

13 take appropriate steps to limit access to the materials 

14 by agents or employees of the service to that access 

15 necessary to comply with the requirements of this sub16 section. 

17 ‘‘(3) AUTHORITIES AND DUTIES NOT AF18 FECTED.—Nothing in this section shall be construed 

19 as replacing, amending, or otherwise interfering with 

20 the authorities and duties under section 2703 of title 

21 18, United States Code. 

22 ‘‘(4) RELATION TO REPORTING REQUIREMENT.— 

23 Submission of a report as required by subsection 

24 (b)(1) does not satisfy the obligations under this sub25 section. 


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•S 1080 RS

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

2 date of enactment of the Cooper Davis Act, and annually 

3 thereafter, the Drug Enforcement Administration shall pub4 lish a report that includes, for the reporting period— 

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

6 providers under subsection (b)(1); 

7 ‘‘(2) the number of reports received under sub8 section (b)(1) disaggregated by— 

9 ‘‘(A) the provider on whose electronic com10 munication service or remote computing service 

11 the crime for which there are facts or cir12 cumstances occurred; and 

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

14 whose electronic communication service or re15 mote computing service the crime for which there 

16 are facts or circumstances occurred; 

17 ‘‘(3) the number of reports received under sub18 section (b)(1) that led to convictions in cases inves19 tigated by the Drug Enforcement Administration; 

20 ‘‘(4) the number of reports received under sub21 section (b)(1) that lacked actionable information; 

22 ‘‘(5) the number of reports received under sub23 section (b)(1) where the facts or circumstances of a 

24 crime were discovered through— 


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•S 1080 RS

1 ‘‘(A) content moderation conducted by a 

2 human; or 

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

4 an algorithm, machine learning, or other means; 

5 ‘‘(6) the number of reports received under sub6 section (b)(1) that were made available to other law 

7 enforcement agencies, disaggregated by— 

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

9 to Federal law enforcement agencies; 

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

11 to State law enforcement agencies; and 

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

13 to local law enforcement agencies; and 

14 ‘‘(7) the number of requests to providers to con15 tinue preservation of the contents of a report or other 

16 data described in subsection (i)(1)(A)(i) submitted by 

17 the Drug Enforcement Administration under section 

18 2703(f) of title 18, United States Code. 

19 ‘‘(k) PROHIBITION ON SUBMISSION OF USER, SUB20 SCRIBER, CUSTOMER, OR ANONYMOUS REPORTS BY LAW

21 ENFORCEMENT.— 

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

23 local law enforcement officer acting in an official ca24 pacity may submit a report to a provider or arrange 


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•S 1080 RS

1 for another individual to submit a report to a pro2 vider on behalf of the officer under this section. 

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

4 contents of a provider’s report made under subsection 

5 (b)(1) or (b)(3) and no evidence derived therefrom 

6 may be received in evidence in any trial, hearing, or 

7 other proceeding in or before any court, department, 

8 officer, agency, regulatory body, legislative committee, 

9 or other authority of the United States, a State, or a 

10 political subdivision thereof if that provider report re11 sulted from an action prohibited by paragraph (1) of 

12 this subsection. 

13 ‘‘(l) EXEMPTION FOR PROVIDERS OF BROADBAND

14 INTERNET ACCESS SERVICE.—Subsections (b) through (k) 

15 shall not apply to a provider of broadband internet access 

16 service, as that term is defined in section 8.1(b) of title 47, 

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

18 insofar as the provider is acting as a provider of such serv19 ice.’’. 

20 (2) TECHNICAL AND CONFORMING AMEND21 MENT.—The table of contents for the Controlled Sub22 stances Act (21 U.S.C. 801 et seq.) is amended by in23 serting after the item relating to section 520 the fol24 lowing: 

‘‘Sec. 521. Reporting requirements of electronic communication service providers 

and remote computing services for certain controlled substances 

violations.’’. 


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•S 1080 RS

1 (b) CONFORMING AMENDMENTS TO STORED COMMU2 NICATIONS ACT.— 

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

4 United States Code, is amended— 

5 (A) in subsection (b)— 

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

7 at the end; 

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

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

10 (iii) by adding at the end the fol11 lowing: 

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

13 in connection with a report submitted thereto under 

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

15 (B) in subsection (c)— 

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

17 at the end; 

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

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

20 (iii) by adding at the end the fol21 lowing: 

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

23 in connection with a report submitted thereto under 

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


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•S 1080 RS

1 (2) TECHNICAL AMENDMENT.—Paragraph (7) of 

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

3 amended to read as follows: 

4 ‘‘(7) to a law enforcement agency if the con5 tents— 

6 ‘‘(A) were inadvertently obtained by the 

7 service provider; and 

8 ‘‘(B) appear to pertain to the commission of 

9 a crime;’’. 

10 SEC. 3. SEVERABILITY. 

11 If any provision of this Act or amendment made by 

12 this Act, or the application of such a provision or amend13 ment to any person or circumstance, is held to be unconsti14 tutional, the remaining provisions of this Act and amend15 ments made by this Act, and the application of such provi16 sion or amendment to any other person or circumstance, 

17 shall not be affected thereby. 


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Calendar No. 200 

118TH CONGRESS 

1ST SESSION S. 1080 

A BILL 

To amend the Controlled Substances Act to require 

tions. ney General certain controlled substances violaremote computing services to report to the Attorelectronic communication service providers and 

SEPTEMBER 5, 2023 

Reported with an amendment 


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