[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4858 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4858

     To amend the Controlled Substances Act to require electronic 
communication service providers and remote computing services to report 
     to the Attorney General the unlawful sale and distribution of 
                         controlled substances.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 15, 2022

 Mr. Marshall 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 the unlawful sale and distribution of 
                         controlled substances.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cooper Davis Act''.

SEC. 2. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION SERVICE 
              PROVIDERS AND REMOTE COMPUTING SERVICES FOR THE UNLAWFUL 
              SALE AND DISTRIBUTION OF CONTROLLED SUBSTANCES.

    (a) In General.--Part E of the Controlled Substances Act (21 U.S.C. 
871 et seq.) is amended by adding at the end the following:

``SEC. 521. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION SERVICE 
              PROVIDERS AND REMOTE COMPUTING SERVICES FOR THE UNLAWFUL 
              SALE AND DISTRIBUTION OF CONTROLLED SUBSTANCES.

    ``(a) Definitions.--In this section, the terms `electronic 
communication service', `electronic mail address', `provider', `remote 
computing service', and `website' have the meanings given those terms 
in section 2258E of title 18, United States Code.
    ``(b) Duty To Report.--
            ``(1) In general.--
                    ``(A) Duty.--In order to reduce the proliferation 
                of the unlawful sale or distribution of controlled 
                substances, a provider--
                            ``(i) shall, as soon as reasonably possible 
                        after obtaining actual knowledge of any facts 
                        or circumstances described in paragraph (2)(A), 
                        take the actions described in subparagraph (B); 
                        and
                            ``(ii) may, after obtaining actual 
                        knowledge of any facts or circumstances 
                        described in paragraph (2)(B), take the actions 
                        described in subparagraph (B).
                    ``(B) Actions described.--The actions described in 
                this subparagraph are--
                            ``(i) providing to the Drug Enforcement 
                        Administration the mailing address, telephone 
                        number, facsimile number, and electronic 
                        mailing address of, and individual point of 
                        contact for, such provider; and
                            ``(ii) making a report of such facts or 
                        circumstances to the Drug Enforcement 
                        Administration.
            ``(2) Facts and circumstances.--
                    ``(A) Apparent violations.--The facts or 
                circumstances described in this subparagraph are any 
                facts or circumstances from which there is an apparent 
                violation of section 401, 402, 403, or 406.
                    ``(B) Imminent violations.--The facts or 
                circumstances described in this subparagraph are any 
                facts or circumstances that indicate that a violation 
                described in subparagraph (A) may be planned or 
                imminent.
    ``(c) Contents of Report.--In an effort to prevent future 
violations of the sections described in subsection (b)(2)(A), and to 
the extent the information is within the custody or control of a 
provider, the facts and circumstances included in each report under 
subsection (b)(1) shall, at the sole discretion of the provider, 
include the following information:
            ``(1) Information about the involved individual.--
        Information relating to the identity of any individual who 
        appears to have violated or plans to violate the sections 
        described in subsection (b)(2)(A), which may, to the extent 
        reasonably practicable, include the electronic mail address, 
        Internet Protocol address, uniform resource locator, payment 
        information (excluding personally identifiable information), 
        screen names or monikers for the account used or any other 
        accounts associated with the individual, or any other 
        identifying information, including self-reported identifying 
        information.
            ``(2) Historical reference.--Information relating to when 
        and how a customer or subscriber of a provider uploaded, 
        transmitted, or received content relating to the report or when 
        and how content relating to the report was reported to or 
        discovered by the provider, including a date and time stamp and 
        time zone.
            ``(3) Geographic location information.--Information 
        relating to the geographic location of the involved individual 
        or website, which may include the Internet Protocol address or 
        verified address, or, if not reasonably available, at least one 
        form of geographic identifying information, including area code 
        or zip code, provided by the customer or subscriber, or stored 
        or obtained by the provider, and any information as to whether 
        a virtual private network was used.
            ``(4) Data relating to the sale of controlled substances.--
        Any data, including symbols, photos, video, icons, or direct 
        messages, relating to apparent activity involving the unlawful 
        sale or distribution of a controlled substance or other content 
        relating to the incident such report is regarding.
            ``(5) Complete communication.--The complete communication 
        containing the intent to unlawfully sell or distribute a 
        controlled substance, including--
                    ``(A) any data or information regarding the 
                transmission of the communication; and
                    ``(B) any data or other digital files contained in, 
                or attached to, the communication.
    ``(d) Forwarding of Report to Other Federal Law Enforcement 
Agencies, State and Local Law Enforcement Agencies, and Foreign Law 
Enforcement Agencies.--The Drug Enforcement Administration shall make 
available each report made under subsection (b)(1) to other Federal law 
enforcement agencies, State and local law enforcement agencies, and 
foreign law enforcement agencies involved in the investigation of 
violations described in subsection (b)(2)(A).
    ``(e) Attorney General Responsibilities.--
            ``(1) In general.--The Attorney General shall enforce this 
        section.
            ``(2) Designation of federal agencies.--The Attorney 
        General may designate a Federal law enforcement agency or 
        agencies to which the Drug Enforcement Administration shall 
        forward a report under subsection (d).
            ``(3) Designation of foreign agencies.--The Attorney 
        General may--
                    ``(A) in consultation with the Secretary of State, 
                designate foreign law enforcement agencies to which a 
                report may be forwarded under subsection (d);
                    ``(B) establish the conditions under which such a 
                report may be forwarded to such agencies; and
                    ``(C) develop a process for foreign law enforcement 
                agencies to request assistance from Federal law 
                enforcement agencies in obtaining evidence related to a 
                report referred under subsection (d).
            ``(4) Reporting designated foreign agencies.--The Attorney 
        General may maintain and make available to the Department of 
        State, providers, the Committee on the Judiciary of the Senate, 
        and the Committee on the Judiciary of the House of 
        Representatives a list of the foreign law enforcement agencies 
        designated under paragraph (3).
            ``(5) Notification to providers.--
                    ``(A) In general.--The Drug Enforcement 
                Administration may notify a provider of the information 
                described in subparagraph (B), if--
                            ``(i) a provider notifies the Drug 
                        Enforcement Administration that the provider is 
                        making a report under this section as the 
                        result of a request by a foreign law 
                        enforcement agency; and
                            ``(ii) the Drug Enforcement Administration 
                        forwards the report described in clause (i) 
                        to--
                                    ``(I) the requesting foreign law 
                                enforcement agency; or
                                    ``(II) another agency in the same 
                                country designated by the Attorney 
                                General under paragraph (3).
                    ``(B) Information described.--The information 
                described in this subparagraph is--
                            ``(i) the identity of the foreign law 
                        enforcement agency to which the report was 
                        forwarded; and
                            ``(ii) the date on which the report was 
                        forwarded.
                    ``(C) Notification of inability to forward 
                report.--If a provider notifies the Drug Enforcement 
                Administration that the provider is making a report 
                under this section as the result of a request by a 
                foreign law enforcement agency and the Drug Enforcement 
                Administration is unable to forward the report as 
                described in subparagraph (A)(ii), the Drug Enforcement 
                Administration shall notify the provider that the Drug 
                Enforcement Administration was unable to forward the 
                report.
    ``(f) Failure To Report.--A provider that knowingly and willfully 
fails to make a report required under subsection (b)(1) shall be 
fined--
            ``(1) in the case of an initial knowing and willful failure 
        to make a report, not more than $150,000; and
            ``(2) in the case of any second or subsequent knowing and 
        willful failure to make a report, not more than $300,000.
    ``(g) Protection of Privacy.--Nothing in this section shall be 
construed to require a provider to--
            ``(1) monitor any user, subscriber, or customer of that 
        provider;
            ``(2) monitor the content of any communication of any 
        person described in paragraph (1); or
            ``(3) affirmatively search, screen, or scan for facts or 
        circumstances described in subsections (b) and (c).
    ``(h) Conditions of Disclosure of Information Contained Within 
Report.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        law enforcement agency that receives a report under subsection 
        (d) shall not disclose any information contained in that 
        report.
            ``(2) Permitted disclosures by law enforcement.--A law 
        enforcement agency may disclose information in a report 
        received under subsection (d)--
                    ``(A) to an attorney for the government for use in 
                the performance of the official duties of that 
                attorney;
                    ``(B) to such officers and employees of that law 
                enforcement agency, as may be necessary in the 
                performance of their investigative and recordkeeping 
                functions;
                    ``(C) to such other government personnel (including 
                personnel of a State or subdivision of a State) as are 
                determined to be necessary by an attorney for the 
                government to assist the attorney in the performance of 
                the official duties of the attorney in enforcing 
                Federal criminal law;
                    ``(D) if the report discloses a violation of State 
                criminal law, to an appropriate official of a State or 
                subdivision of a State for the purpose of enforcing 
                such State law;
                    ``(E) to a defendant in a criminal case or the 
                attorney for that defendant to the extent the 
                information relates to a criminal charge pending 
                against that defendant;
                    ``(F) to a provider if necessary to facilitate 
                response to legal process issued in connection to a 
                criminal investigation, prosecution, or post-conviction 
                remedy relating to that report; and
                    ``(G) as ordered by a court upon a showing of good 
                cause and pursuant to any protective orders or other 
                conditions that the court may impose.
    ``(i) Preservation.--
            ``(1) In general.--
                    ``(A) Request to preserve contents.--For the 
                purposes of this section, a completed submission by a 
                provider of a report to the Drug Enforcement 
                Administration under subsection (b)(1) shall be treated 
                as a request to preserve the contents provided in the 
                report for 90 days after the submission to the Drug 
                Enforcement Administration.
                    ``(B) Notification to user.--A provider may not 
                notify a user, subscriber, or customer of the provider 
                of a preservation request described in subparagraph (A) 
                unless--
                            ``(i) the provider has notified the Drug 
                        Enforcement Administration of its intent to 
                        provide that notice;
                            ``(ii) 5 business days have elapsed since 
                        the notification under clause (i); and
                            ``(iii) the Drug Enforcement Administration 
                        has not obtained a court order for 
                        nondisclosure.
            ``(2) Preservation of commingled content.--Pursuant to 
        paragraph (1)(A), a provider shall preserve any data or other 
        digital files that are reasonably accessible and may provide 
        context or additional information about the reported material 
        or person.
            ``(3) Protection of preserved materials.--A provider 
        preserving materials under this section shall maintain the 
        materials in a secure location and take appropriate steps to 
        limit access to the materials by agents or employees of the 
        service to that access necessary to comply with the 
        requirements of this subsection.
            ``(4) Authorities and duties not affected.--Nothing in this 
        section shall be construed as replacing, amending, or otherwise 
        interfering with the authorities and duties under section 2703 
        of title 18, United States Code.''.
    (b) Technical and Conforming Amendment.--The table of contents for 
the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by 
inserting after the item relating to section 520 the following:

``Sec. 521. Reporting requirements of electronic communication service 
                            providers and remote computing services for 
                            the unlawful sale and distribution of 
                            controlled substances.''.
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