[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1728 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1728

 To prohibit the delivery of opioids by means of the dark web, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 18, 2023

Ms. Hassan (for herself and Mr. Cornyn) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To prohibit the delivery of opioids by means of the dark web, and for 
                            other purposes.

    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 ``Dark Web Interdiction Act of 2023''.

SEC. 2. FINDINGS AND SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) The dark web is made up of websites and other network 
        services that leverage overlay networks providing anonymity. 
        These overlay networks use the internet but require specific 
        software and configurations to access. The overlay networks use 
        multiple encrypted traffic relays for which an individual relay 
        computer knows its source of information and where the 
        individual computer is sending the information but never knows 
        both the original source and ultimate destination of the 
        traffic simultaneously. This anonymity has provided criminals 
        with the ability to host illicit material in a way that 
        circumvents the ability of law enforcement agencies to serve 
        legal process to remove or effectively investigate websites 
        offering illegal content or goods for purchase or sharing.
            (2) Dark web marketplaces include e-commerce websites based 
        on the dark web on which individuals use virtual currencies to 
        engage in transactions involving drugs, weapons, malware, 
        counterfeit currency, stolen credit cards, personal identifying 
        information, forged documents, unlicensed pharmaceuticals, and 
        other illicit goods.
            (3) Due to the anonymity provided by the dark web, illicit 
        activities can be hosted from anywhere in the world without 
        accountability to--
                    (A) the Federal Government;
                    (B) Federal laws; or
                    (C) any other government or system of laws.
            (4) The use of the dark web to distribute illegal drugs has 
        contributed and continues to contribute to the substance abuse 
        crisis that is devastating communities across the United 
        States. This devastation is due in large part to the fact that 
        the dark web has made illicit goods obtainable anonymously.
            (5) Law enforcement agencies at every level of government 
        continue to investigate drug trafficking and the sale of 
        illegal goods and services through the dark web that occurs as 
        a result of interactions on the dark web, both within the 
        United States and at the international border of the United 
        States, but the increased anonymity the internet provides has 
        made it more difficult to identify and prosecute the 
        individuals and organizations who--
                    (A) administer or otherwise operate websites on the 
                dark web that facilitate the distribution of illegal 
                drugs, goods, or services; or
                    (B) buy and sell illegal drugs, goods, or services 
                through illicit marketplaces hosted on the dark web.
            (6) Despite difficulties in identifying and locating 
        individuals and organizations who engage in drug trafficking on 
        the dark web, law enforcement agencies have been effective in 
        investigating and prosecuting the distribution of illegal drugs 
        through illicit marketplaces on the dark web, as evidenced by 
        Operation DisrupTor, which--
                    (A) was announced in September 2020;
                    (B) resulted in--
                            (i) 179 arrests worldwide, including 121 
                        arrests in the United States;
                            (ii) the seizure of approximately 500 
                        kilograms of drugs worldwide, including 274 
                        kilograms of drugs in the United States; and
                            (iii) the seizure of more than $6,500,000 
                        worth of virtual currencies and cash; and
                    (C) is an example of one of many cases conducted 
                jointly by--
                            (i) the Federal Bureau of Investigation;
                            (ii) the Drug Enforcement Administration;
                            (iii) Immigration and Customs Enforcement;
                            (iv) Homeland Security Investigations;
                            (v) United States Customs and Border 
                        Protection;
                            (vi) the United States Postal Inspection 
                        Service;
                            (vii) the Financial Crimes Enforcement 
                        Network;
                            (viii) the Bureau of Alcohol, Tobacco, 
                        Firearms and Explosives;
                            (ix) the Naval Criminal Investigative 
                        Service;
                            (x) the Department of Justice;
                            (xi) the Department of Defense; and
                            (xii) additional local, State, and 
                        international law enforcement partners.
            (7) Although law enforcement agencies have succeeded in 
        investigating the distribution and sale of illegal drugs, 
        goods, and services that occurs as a result of interactions on 
        the dark web, investigative and prosecutorial collaboration, 
        innovation, and advancement are critical to--
                    (A) increasing the capacity to combat the threat 
                posed by the dark web and the illicit marketplaces 
                hosted on the dark web; and
                    (B) enhancing collaboration and coordination among 
                Federal, State, Tribal, local, international and other 
                law enforcement partners, as appropriate.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the dark web and illicit marketplaces hosted on the 
        dark web facilitate the distribution of illegal drugs and pose 
        a unique threat to the public health and national security in 
        the United States; and
            (2) Congress should--
                    (A) support law enforcement agencies and 
                prosecutors at the Federal, State, Tribal, local, and 
                international levels in their efforts to investigate 
                and prosecute the distribution of illegal drugs, goods, 
                and services through the dark web; and
                    (B) increase the investigative and prosecutorial 
                tools available to law enforcement agencies and 
                prosecutors to address the distribution of illegal 
                drugs, goods, and services through the dark web.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Dark web.--The term ``dark web'' has the meaning given 
        the term in subsection (i) of section 401 of the Controlled 
        Substances Act (21 U.S.C. 841), as added by section 4 of this 
        Act.
            (2) Director.--The term ``Director'' means the Director of 
        the task force.
            (3) Illicit marketplace.--The term ``illicit marketplace'' 
        means a website on the dark web on which individuals can use 
        virtual currency to engage in transactions involving drugs, 
        weapons, malware, counterfeit currency, stolen credit cards, 
        personal identifying information, forged documents, or other 
        illicit goods.
            (4) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).
            (5) Opioid.--The term ``opioid'' has the meaning given the 
        term in section 102 of the Controlled Substances Act (21 U.S.C. 
        802).
            (6) Task force.--The term ``task force'' means the Joint 
        Criminal Opioid and Darknet Enforcement Task Force established 
        under section 5(a)(1).

SEC. 4. OFFENSES INVOLVING THE DARK WEB.

    Section 401 of the Controlled Substances Act (21 U.S.C. 841) is 
amended by adding at the end the following:
    ``(i) Offenses Involving Dispensing of Controlled Substances by 
Means of the Dark Web.--
            ``(1) Definition of dark web.--In this subsection, the term 
        `dark web' means a portion of the internet in which there are 
        hidden sites and services that--
                    ``(A) are not indexed by an internet search engine; 
                and
                    ``(B) are only accessible to users of specific 
                devices, software, routing and anonymizing services, 
                authorizations, or configurations that conceal the 
                identities and locations of users.
            ``(2) Offense.--It shall be unlawful for any person to 
        knowingly or intentionally--
                    ``(A) deliver, distribute, or dispense a controlled 
                substance by means of the dark web, except as 
                authorized by this title; or
                    ``(B) aid or abet (as such terms are used in 
                section 2 of title 18, United States Code) any activity 
                described in subparagraph (A) that is not authorized by 
                this title.
            ``(3) Penalty.--Pursuant to its authority under section 994 
        of title 28, United States Code, the United States Sentencing 
        Commission shall amend the Federal sentencing guidelines and 
        policy statements to provide for a 2-level increase above the 
        sentence otherwise applicable for a violation of paragraph 
        (2).''.

SEC. 5. JOINT CRIMINAL OPIOID AND DARKNET ENFORCEMENT TASK FORCE.

    (a) Establishment.--
            (1) In general.--There is established in the Federal Bureau 
        of Investigation an interagency program that shall be known as 
        the Joint Criminal Opioid and Darknet Enforcement Task Force.
            (2) Director.--The task force shall be headed by a 
        Director, who shall be appointed by the President, by and with 
        the advice and consent of the Senate.
    (b) Purpose.--The purpose of the task force shall be to detect, 
disrupt, and dismantle illicit marketplaces.
    (c) Components.--
            (1) Representatives.--The task force shall include 
        representatives from--
                    (A) the Federal Bureau of Investigation;
                    (B) the Drug Enforcement Administration;
                    (C) the United States Postal Inspection Service;
                    (D) Immigration and Customs Enforcement;
                    (E) the Bureau of Alcohol, Tobacco, Firearms, and 
                Explosives;
                    (F) Homeland Security Investigations;
                    (G) United States Customs and Border Protection;
                    (H) the Department of Defense;
                    (I) the Financial Crimes Enforcement Network; and
                    (J) the Department of Justice.
            (2) Consultation.--The Director may consult with any State, 
        Tribal, local, or international department or agency the 
        Director determines necessary to carry out the purpose of the 
        task force described in subsection (b).
    (d) Duties and Functions.--To further the purpose of the task force 
described in subsection (b), the task force shall--
            (1) engage in--
                    (A) proactive and reactive investigations; and
                    (B) forensic and cyberforensic examinations;
            (2) provide forensic and cyberforensic, technical, 
        preventive, and investigative training and assistance to--
                    (A) prosecutors; and
                    (B) law enforcement agencies;
            (3) develop best practices to assist Federal, State, 
        Tribal, and local law enforcement agencies, prosecutors, and 
        others, as appropriate, in the collection of evidence in order 
        to determine and investigate possible nexuses to the dark web 
        and virtual assets, including--
                    (A) evidence logging;
                    (B) evidence maintenance; and
                    (C) evidence sharing;
            (4) develop multijurisdictional and multiagency responses 
        and partnerships with Federal, international, local, and other 
        law enforcement agencies, as appropriate, by--
                    (A) establishing procedures for information 
                sharing;
                    (B) establishing lists of recommended specialized 
                equipment and tools to investigate and prosecute the 
                distribution of illicit drugs, goods, and services on 
                the dark web; and
                    (C) helping the agencies acquire the necessary 
                knowledge, personnel, and specialized equipment to 
                investigate and prosecute the distribution of illegal 
                drugs, goods, and services through the dark web;
            (5) create novel investigative approaches to--
                    (A) target emerging technologies that facilitate 
                the distribution of opioids through illicit 
                marketplaces on the dark web; and
                    (B) build forensic capacity and expertise to meet 
                the challenges posed by the technologies;
            (6) enhance collaboration and coordination with 
        international partners; and
            (7) engage in any other activities the Director determines 
        necessary to carry out the duties of the task force.
    (e) Guidance and Training.--The task force shall provide guidance 
and training to officers and employees of the Federal Bureau of 
Investigation and other Federal, international, and other law 
enforcement agencies, as appropriate, relating to--
            (1) techniques and procedures to--
                    (A) recognize evidence or potential evidence 
                relating to the dark web; and
                    (B) identify and recognize patterns and practices 
                relating to the distribution of illegal drugs, 
                services, and goods through the dark web;
            (2) the types of information that should be collected and 
        recorded in information technology systems used by the Federal 
        Bureau of Investigation to help--
                    (A) identify administrators and operators of 
                illicit marketplaces;
                    (B) identify vendors, buyers, and other individuals 
                involved in the distribution of opioids through illicit 
                marketplaces; and
                    (C) detect, disrupt, and dismantle illicit 
                marketplaces;
            (3) procedures for systematic and routine information 
        sharing within the Federal Bureau of Investigation and between 
        Federal, State, Tribal, and local law enforcement agencies; and
            (4) any other training or guidance the Director determines 
        necessary to carry out the duties of the task force.
    (f) Report.--Not later than 1 year after the date of enactment of 
this Act, and annually thereafter, the Director of the Federal Bureau 
of Investigation, acting through the Director, shall submit to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives a report, which shall 
include, for the previous year--
            (1) a summary of the activities and accomplishments of the 
        task force;
            (2) a description of the investigative methods used by the 
        task force, including an assessment of the effectiveness of the 
        methods;
            (3) information on investigation and prosecution 
        performance measures for the task force, including--
                    (A) the number of investigations the task force 
                conducted or assisted;
                    (B) the number of illicit marketplaces detected, 
                disrupted, or dismantled as a result of an 
                investigation conducted or assisted by the task force;
                    (C) the number of arrests relating to an 
                investigation conducted or assisted by the task force; 
                and
                    (D) statistics that account for the disposition of 
                investigations by the task force that did not result in 
                an arrest or a prosecution;
            (4) an assessment of partnerships between the task force 
        and other Federal, State, Tribal, and local law enforcement 
        agencies, including the effectiveness of guidance and training 
        provided by the task force to personnel of other Federal, 
        State, Tribal, and law enforcement agencies;
            (5) an evaluation of the collaboration and coordination 
        between the task force and international partners;
            (6) recommendations for additional congressional or 
        legislative action, as appropriate, that would be useful or 
        necessary to achieve the purpose of the task force described in 
        subsection (b);
            (7) a summary of how transactions involving the 
        distribution of illegal drugs, goods, and services through the 
        dark web are financed;
            (8) a description of a plan to increase the capacity to 
        investigate the distribution of illegal drugs, goods, and 
        services through the dark web; and
            (9) recommendations for additional congressional or 
        legislative action, as appropriate, that would improve the 
        efforts of Federal agencies to detect, disrupt, and dismantle 
        illicit marketplaces, including efforts to identify individuals 
        and groups involved in the distribution of illegal drugs, 
        goods, and services through the dark web.
    (g) Funding.--The Director shall carry out this section using 
amounts otherwise made available to the Attorney General.
    (h) Sunset.--This section shall cease to have force or effect on 
the date that is 5 years after the date of enactment of this Act.

SEC. 6. REPORT ON VIRTUAL CURRENCIES.

    Not later than 1 year after the date of enactment of this Act, the 
Attorney General, in consultation with the Secretary of the Treasury 
and the Secretary of Homeland Security, shall submit to Congress a 
report on the use of virtual currencies in the distribution of opioids 
through illicit marketplaces on the dark web, which shall include--
            (1) a summary of how virtual currencies are--
                    (A) used to finance transactions involving the 
                distribution of opioids through illicit marketplaces on 
                the dark web; and
                    (B) exchanged in the course of transactions 
                described in subparagraph (A), including transactions 
                involving--
                            (i) peer-to-peer networks;
                            (ii) virtual currency;
                            (iii) money transmitters; or
                            (iv) other financial institutions;
            (2) the number of instances involving the distribution of 
        opioids through illicit marketplaces on the dark web in which 
        an individual involved used a virtual currency to finance the 
        distribution;
            (3) the most common types of virtual currencies used by 
        individuals involved in the distribution of opioids through 
        illicit marketplaces on the dark web;
            (4) an assessment of the capacity to investigate the use of 
        virtual currencies in the distribution of opioids through 
        illicit marketplaces on the dark web, including--
                    (A) efforts to assist financial institutions in 
                detecting, identifying, and reporting suspicious 
                activity and money laundering;
                    (B) efforts to obtain financial records and other 
                documents from virtual currency operators and 
                exchanges;
                    (C) training and guidance to Federal, State, 
                Tribal, and local law enforcement agencies and 
                prosecutors; and
                    (D) coordination and collaboration with 
                international partners; and
            (5) recommendations for additional congressional or 
        legislative action that would improve the efforts of Federal 
        agencies to detect, disrupt, and dismantle illicit marketplaces 
        on the dark web, including efforts to identify individuals 
        using virtual currencies in the distribution of opioids through 
        illicit marketplaces on the dark web.

SEC. 7. FIVE-YEAR UPDATE.

    It is the sense of Congress that, not less frequently than once 
every 5 years, Congress should evaluate and, if necessary, update the 
definition of the term ``dark web'' in section 401(i) of the Controlled 
Substances Act (21 U.S.C. 841(i)), as added by section 4 of this Act.

SEC. 8. SEVERABILITY.

    If any portion of this Act, or the amendments made by this Act, or 
the application thereof to any person or circumstance is held invalid, 
the remainder of this Act and the amendments made by this Act, and the 
application of this Act or the amendments made by this Act to other 
persons not similarly situated or to other circumstances shall not be 
affected by the invalidation.
                                 <all>