II 

117TH CONGRESS 

2D SESSION S. 3782 

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

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8 (legislative day, MARCH 7), 2022 

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. 

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 ‘‘Dark Web Interdiction 

5 Act of 2022’’. 

6 SEC. 2. FINDINGS AND SENSE OF CONGRESS. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) The dark web is made up of websites and 

9 other network services that leverage overlay net10 works providing anonymity. These overlay networks 


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1 use the internet but require specific software and 

2 configurations to access. The overlay networks use 

3 multiple encrypted traffic relays for which an indi4 vidual relay computer knows its source of informa5 tion and where the individual computer is sending 

6 the information but never knows both the original 

7 source and ultimate destination of the traffic simul8 taneously. This anonymity has provided criminals 

9 with the ability to host illicit material in a way that 

10 circumvents the ability of law enforcement agencies 

11 to serve legal process to remove or effectively inves12 tigate websites offering illegal content or goods for 

13 purchase or sharing. 

14 (2) Dark web marketplaces include e-commerce 

15 websites based on the dark web on which individuals 

16 use virtual currencies to engage in transactions in17 volving drugs, weapons, malware, counterfeit cur18 rency, stolen credit cards, personal identifying infor19 mation, forged documents, unlicensed pharma20 ceuticals, and other illicit goods. 

21 (3) Due to the anonymity provided by the dark 

22 web, illicit activities can be hosted from anywhere in 

23 the world without accountability to— 

24 (A) the Federal Government; 

25 (B) Federal laws; or 


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1 (C) any other government or system of 

2 laws. 

3 (4) The use of the dark web to distribute illegal 

4 drugs has contributed and continues to contribute to 

5 the substance abuse crisis that is devastating com6 munities across the United States. This devastation 

7 is due in large part to the fact that the dark web 

8 has made illicit goods obtainable anonymously. 

9 (5) Law enforcement agencies at every level of 

10 government continue to investigate drug trafficking 

11 and the sale of illegal goods and services through the 

12 dark web that occurs as a result of interactions on 

13 the dark web, both within the United States and at 

14 the international border of the United States, but 

15 the increased anonymity the internet provides has 

16 made it more difficult to identify and prosecute the 

17 individuals and organizations who— 

18 (A) administer or otherwise operate 

19 websites on the dark web that facilitate the dis20 tribution of illegal drugs, goods, or services; or 

21 (B) buy and sell illegal drugs, goods, or 

22 services through illicit marketplaces hosted on 

23 the dark web. 

24 (6) Despite difficulties in identifying and locat25 ing individuals and organizations who engage in 


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1 drug trafficking on the dark web, law enforcement 

2 agencies have been effective in investigating and 

3 prosecuting the distribution of illegal drugs through 

4 illicit marketplaces on the dark web, as evidenced by 

5 Operation DisrupTor, which— 

6 (A) was announced in September 2020; 

7 (B) resulted in— 

8 (i) 179 arrests worldwide, including 

9 121 arrests in the United States; 

10 (ii) the seizure of approximately 500 

11 kilograms of drugs worldwide, including 

12 274 kilograms of drugs in the United 

13 States; and 

14 (iii) the seizure of more than 

15 $6,500,000 worth of virtual currencies and 

16 cash; and 

17 (C) is an example of one of many cases 

18 conducted jointly by— 

19 (i) the Federal Bureau of Investiga20 tion; 

21 (ii) the Drug Enforcement Adminis22 tration; 

23 (iii) Immigration and Customs En24 forcement; 

25 (iv) Homeland Security Investigations; 


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1 (v) United States Customs and Bor2 der Protection; 

3 (vi) the United States Postal Inspec4 tion Service; 

5 (vii) the Financial Crimes Enforce6 ment Network; 

7 (viii) the Bureau of Alcohol, Tobacco, 

8 Firearms and Explosives; 

9 (ix) the Naval Criminal Investigative 

10 Service; 

11 (x) the Department of Justice; 

12 (xi) the Department of Defense; and 

13 (xii) additional local, State, and inter14 national law enforcement partners. 

15 (7) Although law enforcement agencies have 

16 succeeded in investigating the distribution and sale 

17 of illegal drugs, goods, and services that occurs as 

18 a result of interactions on the dark web, investiga19 tive and prosecutorial collaboration, innovation, and 

20 advancement are critical to— 

21 (A) increasing the capacity to combat the 

22 threat posed by the dark web and the illicit 

23 marketplaces hosted on the dark web; and 

24 (B) enhancing collaboration and coordina25 tion among Federal, State, Tribal, local, interVerDate Sep 11 2014 20:29 Mar 09, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3782.IS S3782

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1 national and other law enforcement partners, as 

2 appropriate. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) the dark web and illicit marketplaces hosted 

6 on the dark web facilitate the distribution of illegal 

7 drugs and pose a unique threat to the public health 

8 and national security in the United States; and 

9 (2) Congress should— 

10 (A) support law enforcement agencies and 

11 prosecutors at the Federal, State, Tribal, local, 

12 and international levels in their efforts to inves13 tigate and prosecute the distribution of illegal 

14 drugs, goods, and services through the dark 

15 web; and 

16 (B) increase the investigative and prosecu17 torial tools available to law enforcement agen18 cies and prosecutors to address the distribution 

19 of illegal drugs, goods, and services through the 

20 dark web. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

23 (1) DARK WEB.—The term ‘‘dark web’’ has the 

24 meaning given the term in subsection (i) of section 


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1 401 of the Controlled Substances Act (21 U.S.C. 

2 841), as added by section 4 of this Act. 

3 (2) DIRECTOR.—The term ‘‘Director’’ means 

4 the Director of the task force. 

5 (3) ILLICIT MARKETPLACE.—The term ‘‘illicit 

6 marketplace’’ means a website on the dark web on 

7 which individuals can use virtual currency to engage 

8 in transactions involving drugs, weapons, malware, 

9 counterfeit currency, stolen credit cards, personal 

10 identifying information, forged documents, or other 

11 illicit goods. 

12 (4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

13 has the meaning given the term ‘‘Indian tribe’’ in 

14 section 4 of the Indian Self-Determination and Edu15 cation Assistance Act (25 U.S.C. 5304). 

16 (5) OPIOID.—The term ‘‘opioid’’ has the mean17 ing given the term in section 102 of the Controlled 

18 Substances Act (21 U.S.C. 802). 

19 (6) TASK FORCE.—The term ‘‘task force’’ 

20 means the Joint Criminal Opioid and Darknet En21 forcement Task Force established under section 

22 5(a)(1). 


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1 SEC. 4. OFFENSES INVOLVING THE DARK WEB. 

2 Section 401 of the Controlled Substances Act (21 

3 U.S.C. 841) is amended by adding at the end the fol4 lowing: 

5 ‘‘(i) OFFENSES INVOLVING DISPENSING OF CON6 TROLLED SUBSTANCES BY MEANS OF THE DARK WEB.— 

7 ‘‘(1) DEFINITION OF DARK WEB.—In this sub8 section, the term ‘dark web’ means a portion of the 

9 internet in which there are hidden sites and services 

10 that— 

11 ‘‘(A) are not indexed by an internet search 

12 engine; and 

13 ‘‘(B) are only accessible to users of specific 

14 devices, software, routing and anonymizing 

15 services, authorizations, or configurations that 

16 conceal the identities and locations of users. 

17 ‘‘(2) OFFENSE.—It shall be unlawful for any 

18 person to knowingly or intentionally— 

19 ‘‘(A) deliver, distribute, or dispense a con20 trolled substance by means of the dark web, ex21 cept as authorized by this title; or 

22 ‘‘(B) aid or abet (as such terms are used 

23 in section 2, title 18, United States Code) any 

24 activity described in subparagraph (A) that is 

25 not authorized by this title. 


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1 ‘‘(3) PENALTY.—Pursuant to its authority 

2 under section 994 of title 28, United States Code, 

3 the United States Sentencing Commission shall 

4 amend the Federal sentencing guidelines and policy 

5 statements to provide for a 2-level increase above the 

6 sentence otherwise applicable for a violation of para7 graph (2).’’. 

8 SEC. 5. JOINT CRIMINAL OPIOID AND DARKNET ENFORCE9 MENT TASK FORCE. 

10 (a) ESTABLISHMENT.— 

11 (1) IN GENERAL.—There is established in the 

12 Federal Bureau of Investigation an interagency pro13 gram that shall be known as the Joint Criminal 

14 Opioid and Darknet Enforcement Task Force. 

15 (2) DIRECTOR.—The task force shall be headed 

16 by a Director, who shall be appointed by the Presi17 dent, by and with the advice and consent of the Sen18 ate. 

19 (b) PURPOSE.—The purpose of the task force shall 

20 be to detect, disrupt, and dismantle illicit marketplaces. 

21 (c) COMPONENTS.— 

22 (1) REPRESENTATIVES.—The task force shall 

23 include representatives from— 

24 (A) the Federal Bureau of Investigation; 

25 (B) the Drug Enforcement Administration; 


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1 (C) the United States Postal Inspection 

2 Service; 

3 (D) Immigration and Customs Enforce4 ment; 

5 (E) the Bureau of Alcohol, Tobacco, Fire6 arms, and Explosives; 

7 (F) Homeland Security Investigations; 

8 (G) United States Customs and Border 

9 Protection; 

10 (H) the Department of Defense; 

11 (I) the Financial Crimes Enforcement Net12 work; and 

13 (J) the Department of Justice. 

14 (2) CONSULTATION.—The Director may consult 

15 with any State, Tribal, local, or international depart16 ment or agency the Director determines necessary to 

17 carry out the purpose of the task force described in 

18 subsection (b). 

19 (d) DUTIES AND FUNCTIONS.—To further the pur20 pose of the task force described in subsection (b), the task 

21 force shall— 

22 (1) engage in— 

23 (A) proactive and reactive investigations; 

24 and 


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1 (B) forensic and cyberforensic examina2 tions; 

3 (2) provide forensic and cyberforensic, tech4 nical, preventive, and investigative training and as5 sistance to— 

6 (A) prosecutors; and 

7 (B) law enforcement agencies; 

8 (3) develop best practices to assist Federal, 

9 State, Tribal, and local law enforcement agencies, 

10 prosecutors, and others, as appropriate, in the col11 lection of evidence in order to determine and inves12 tigate possible nexuses to the dark web and virtual 

13 assets, including— 

14 (A) evidence logging; 

15 (B) evidence maintenance; and 

16 (C) evidence sharing; 

17 (4) develop multijurisdictional and multiagency 

18 responses and partnerships with Federal, inter19 national, local, and other law enforcement agencies, 

20 as appropriate, by— 

21 (A) establishing procedures for information 

22 sharing; 

23 (B) establishing lists of recommended spe24 cialized equipment and tools to investigate and 


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1 prosecute the distribution of illicit drugs, goods, 

2 and services on the dark web; and 

3 (C) helping the agencies acquire the nec4 essary knowledge, personnel, and specialized 

5 equipment to investigate and prosecute the dis6 tribution of illegal drugs, goods, and services 

7 through the dark web; 

8 (5) create novel investigative approaches to— 

9 (A) target emerging technologies that fa10 cilitate the distribution of opioids through illicit 

11 marketplaces on the dark web; and 

12 (B) build forensic capacity and expertise to 

13 meet the challenges posed by the technologies; 

14 (6) enhance collaboration and coordination with 

15 international partners; and 

16 (7) engage in any other activities the Director 

17 determines necessary to carry out the duties of the 

18 task force. 

19 (e) GUIDANCE AND TRAINING.—The task force shall 

20 provide guidance and training to officers and employees 

21 of the Federal Bureau of Investigation and other Federal, 

22 international, and other law enforcement agencies, as ap23 propriate, relating to— 

24 (1) techniques and procedures to— 


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1 (A) recognize evidence or potential evi2 dence relating to the dark web; and 

3 (B) identify and recognize patterns and 

4 practices relating to the distribution of illegal 

5 drugs, services, and goods through the dark 

6 web; 

7 (2) the types of information that should be col8 lected and recorded in information technology sys9 tems used by the Federal Bureau of Investigation to 

10 help— 

11 (A) identify administrators and operators 

12 of illicit marketplaces; 

13 (B) identify vendors, buyers, and other in14 dividuals involved in the distribution of opioids 

15 through illicit marketplaces; and 

16 (C) detect, disrupt, and dismantle illicit 

17 marketplaces; 

18 (3) procedures for systematic and routine infor19 mation sharing within the Federal Bureau of Inves20 tigation and between Federal, State, Tribal, and 

21 local law enforcement agencies; and 

22 (4) any other training or guidance the Director 

23 determines necessary to carry out the duties of the 

24 task force. 


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1 (f) REPORT.—Not later than 1 year after the date 

2 of enactment of this Act, and annually thereafter, the Di3 rector of the Federal Bureau of Investigation, acting 

4 through the Director, shall submit to the Committee on 

5 the Judiciary of the Senate and the Committee on the Ju6 diciary of the House of Representatives a report, which 

7 shall include, for the previous year— 

8 (1) a summary of the activities and accomplish9 ments of the task force; 

10 (2) a description of the investigative methods 

11 used by the task force, including an assessment of 

12 the effectiveness of the methods; 

13 (3) information on investigation and prosecu14 tion performance measures for the task force, in15 cluding— 

16 (A) the number of investigations the task 

17 force conducted or assisted; 

18 (B) the number of illicit marketplaces de19 tected, disrupted, or dismantled as a result of 

20 an investigation conducted or assisted by the 

21 task force; 

22 (C) the number of arrests relating to an 

23 investigation conducted or assisted by the task 

24 force; and 


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1 (D) statistics that account for the disposi2 tion of investigations by the task force that did 

3 not result in an arrest or a prosecution; 

4 (4) an assessment of partnerships between the 

5 task force and other Federal, State, Tribal, and local 

6 law enforcement agencies, including the effectiveness 

7 of guidance and training provided by the task force 

8 to personnel of other Federal, State, Tribal, and law 

9 enforcement agencies; 

10 (5) an evaluation of the collaboration and co11 ordination between the task force and international 

12 partners; 

13 (6) recommendations for additional congres14 sional or legislative action, as appropriate, that 

15 would be useful or necessary to achieve the purpose 

16 of the task force described in subsection (b); 

17 (7) a summary of how transactions involving 

18 the distribution of illegal drugs, goods, and services 

19 through the dark web are financed; 

20 (8) a description of a plan to increase the ca21 pacity to investigate the distribution of illegal drugs, 

22 goods, and services through the dark web; and 

23 (9) recommendations for additional congres24 sional or legislative action, as appropriate, that 

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1 tect, disrupt, and dismantle illicit marketplaces, in2 cluding efforts to identify individuals and groups in3 volved in the distribution of illegal drugs, goods, and 

4 services through the dark web. 

5 (g) FUNDING.—The Director shall carry out this sec6 tion using amounts otherwise made available to the Attor7 ney General. 

8 (h) SUNSET.—This section shall cease to have force 

9 or effect on the date that is 5 years after the date of enact10 ment of this Act. 

11 SEC. 6. REPORT ON VIRTUAL CURRENCIES. 

12 Not later than 1 year after the date of enactment 

13 of this Act, the Attorney General, in consultation with the 

14 Secretary of the Treasury and the Secretary of Homeland 

15 Security, shall submit to Congress a report on the use of 

16 virtual currencies in the distribution of opioids through il17 licit marketplaces on the dark web, which shall include— 

18 (1) a summary of how virtual currencies are— 

19 (A) used to finance transactions involving 

20 the distribution of opioids through illicit mar21 ketplaces on the dark web; and 

22 (B) exchanged in the course of trans23 actions described in subparagraph (A), includ24 ing transactions involving— 

25 (i) peer-to-peer networks; 


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1 (ii) virtual currency; 

2 (iii) money transmitters; or 

3 (iv) other financial institutions; 

4 (2) the number of instances involving the dis5 tribution of opioids through illicit marketplaces on 

6 the dark web in which an individual involved used a 

7 virtual currency to finance the distribution; 

8 (3) the most common types of virtual currencies 

9 used by individuals involved in the distribution of 

10 opioids through illicit marketplaces on the dark web; 

11 (4) an assessment of the capacity to investigate 

12 the use of virtual currencies in the distribution of 

13 opioids through illicit marketplaces on the dark web, 

14 including— 

15 (A) efforts to assist financial institutions 

16 in detecting, identifying, and reporting sus17 picious activity and money laundering; 

18 (B) efforts to obtain financial records and 

19 other documents from virtual currency opera20 tors and exchanges; 

21 (C) training and guidance to Federal, 

22 State, Tribal, and local law enforcement agen23 cies and prosecutors; and 

24 (D) coordination and collaboration with 

25 international partners; and 


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1 (5) recommendations for additional congres2 sional or legislative action that would improve the ef3 forts of Federal agencies to detect, disrupt, and dis4 mantle illicit marketplaces on the dark web, includ5 ing efforts to identify individuals using virtual cur6 rencies in the distribution of opioids through illicit 

7 marketplaces on the dark web. 

8 SEC. 7. FIVE YEAR UPDATE. 

9 It is the sense of Congress that, not less frequently 

10 than once every 5 years, Congress should evaluate and, 

11 if necessary, update the definition of the term ‘‘dark web’’ 

12 in section 401(i) of the Controlled Substances Act (21 

13 U.S.C. 841(i)), as added by section 4 of this Act. 

14 SEC. 8. SEVERABILITY. 

15 If any portion of this Act, or the amendments made 

16 by this Act, or the application thereof to any person or 

17 circumstance is held invalid, the remainder of this Act and 

18 the amendments made by this Act, and the application of 

19 this Act or the amendments made by this Act to other 

20 persons not similarly situated or to other circumstances 

21 shall not be affected by the invalidation. 

Æ 


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