[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.
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