II 

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 

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 22:32 Apr 10, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1080.IS 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;’’. 

Æ 


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