Text of Senate Amendment 6439

Quick facts

Record: Senate Floor
Section type: Amendments
Chamber: Senate
Date: June 24, 2026
Congress: 119th Congress
Why this source matters: This section came from the Senate floor portion of the record.

Linked context

People mentioned: Hassan, Margaret Wood
Committees: Committee on the Judiciary, Committee on the Judiciary

Readable version of the official text

SA 6439. Ms. HASSAN submitted an amendment intended to be proposed by her to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. . DARK WEB INTERDICTION ACT OF 2026.

(a) Short Title.—This section may be cited as the “Dark

Web Interdiction Act of 2026”.

(b) Findings and Sense of Congress.—

(1) Findings.—Congress finds the following:

(A) 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.

(B) 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.

activities can be hosted from anywhere in the world without

accountability to—

(i) the Federal Government;

(ii) Federal laws; or

(iii) any other government or system of laws.

(D) 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.

(E) 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—

(i) administer or otherwise operate websites on the dark

web that facilitate the distribution of illegal drugs, goods,

or services; or

(ii) buy and sell illegal drugs, goods, or services through

illicit marketplaces hosted on the dark web.

(F) 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—

(i) was announced in May 2023;

(ii) 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

(iii) 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.

(G) 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—

(i) increasing the capacity to combat the threat posed by

the dark web and the illicit marketplaces hosted on the dark

web; and

(ii) enhancing collaboration and coordination among

Federal, State, Tribal, local, international and other law

enforcement partners, as appropriate.

(2) Sense of congress.—It is the sense of Congress that—

(A) 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

(B) Congress should—

(i) 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

(ii) 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.

(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 subsection (e)(1)(A).

(d) 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).”.

(e) Joint Criminal Opioid and Darknet Enforcement Task

Force.—

(1) Establishment.—

(A) 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.

(B) 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.

(2) Purpose.—The purpose of the task force shall be to

detect, disrupt, and dismantle illicit marketplaces.

(3) Components.—

(A) Representatives.—The task force shall include

representatives from—

(i) the Federal Bureau of Investigation;

(ii) the Drug Enforcement Administration;

(iii) the United States Postal Inspection Service;

(iv) Immigration and Customs Enforcement;

(v) the Bureau of Alcohol, Tobacco, Firearms and

Explosives;

(vi) Homeland Security Investigations;

(vii) United States Customs and Border Protection;

(viii) the Department of Defense;

(ix) the Financial Crimes Enforcement Network; and

(x) the Department of Justice.

(B) 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).

(4) Duties and functions.—To further the purpose of the

task force described in paragraph (2), the task force shall—

(A) engage in—

(i) proactive and reactive investigations; and

(ii) forensic and cyberforensic examinations;

(B) provide forensic and cyberforensic, technical,

preventive, and investigative training and assistance to—

(i) prosecutors; and

(ii) law enforcement agencies;

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—

(i) evidence logging;

(ii) evidence maintenance; and

(iii) evidence sharing;

(D) develop multijurisdictional and multiagency responses

and partnerships with Federal, international, local, and

other law enforcement agencies, as appropriate, by—

(i) establishing procedures for information sharing;

(ii) 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

(iii) 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;

(E) create novel investigative approaches to—

(i) target emerging technologies that facilitate the

distribution of opioids through illicit marketplaces on the

dark web; and

(ii) build forensic capacity and expertise to meet the

challenges posed by the technologies;

(F) enhance collaboration and coordination with

international partners; and

(G) engage in any other activities the Director determines

necessary to carry out the duties of the task force.

(5) 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—

(A) techniques and procedures to—

(i) recognize evidence or potential evidence relating to

the dark web; and

(ii) identify and recognize patterns and practices relating

to the distribution of illegal drugs, services, and goods

through the dark web;

(B) the types of information that should be collected and

recorded in information technology systems used by the

Federal Bureau of Investigation to help—

(i) identify administrators and operators of illicit

marketplaces;

(ii) identify vendors, buyers, and other individuals

involved in the distribution of opioids through illicit

marketplaces; and

(iii) detect, disrupt, and dismantle illicit marketplaces;

sharing within the Federal Bureau of Investigation and

between Federal, State, Tribal, and local law enforcement

agencies; and

(D) any other training or guidance the Director determines

necessary to carry out the duties of the task force.

(6) 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—

(A) a summary of the activities and accomplishments of the

task force;

(B) a description of the investigative methods used by the

task force, including an assessment of the effectiveness of

the methods;

performance measures for the task force, including—

(i) the number of investigations the task force conducted

or assisted;

(ii) the number of illicit marketplaces detected,

disrupted, or dismantled as a result of an investigation

conducted or assisted by the task force;

(iii) the number of arrests relating to an investigation

conducted or assisted by the task force; and

(iv) statistics that account for the disposition of

investigations by the task force that did not result in an

arrest or a prosecution;

(D) 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;

(E) an evaluation of the collaboration and coordination

between the task force and international partners;

(F) 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);

(G) a summary of how transactions involving the

distribution of illegal drugs, goods, and services through

the dark web are financed;

(H) a description of a plan to increase the capacity to

investigate the distribution of illegal drugs, goods, and

services through the dark web; and

(I) 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.

(7) Funding.—The Director shall carry out this subsection

using amounts otherwise made available to the Attorney

General.

(8) Sunset.—This subsection shall cease to have force or

effect on the date that is 5 years after the date of

enactment of this Act.

(f) 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;

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.

(g) 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 subsection (d) of this

section.

(h) Severability.—If any portion of this section, or the

amendments made by this section, or the application thereof

to any person or circumstance is held invalid, the remainder

of this section and the amendments made by this section, and

the application of this section or the amendments made by

this section to other persons not similarly situated or to

other circumstances shall not be affected by the

invalidation.

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