119-s1975

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1975 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1975

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

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 June 5, 2025

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 2025''.

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 SpecTor, an operation conducted across 3 continents 
 that resulted from a partnership between the Department of 
 Justice and foreign law enforcement agencies, which--
        (A) was announced in May 2023;
        (B) resulted in--
            (i) 288 arrests;
            (ii) the seizure of approximately 850 
 kilograms of drugs, including 64 kilograms of 
 fentanyl or fentanyl-laced narcotics;
            (iii) the seizure of 117 firearms; and
            (iv) the seizure of $53,400,000 in cash and 
 virtual currencies; 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) Homeland Security Investigations;
            (iv) United States Customs and Border 
 Protection;
            (v) the United States Postal Inspection 
 Service;
            (vi) the Financial Crimes Enforcement 
 Network;
            (vii) the Bureau of Alcohol, Tobacco, 
 Firearms and Explosives;
            (viii) the Naval Criminal Investigative 
 Service;
            (ix) the Department of Justice;
            (x) the Department of Defense; and
            (xi) 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>