[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Pages S3632-S3633]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6520. Ms. HASSAN (for herself and Mr. Cornyn) 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.
(C) Due to the anonymity provided by the dark web, illicit
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.
(c) Definitions.--In this section:
(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--
[[Page S3633]]
(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;
(C) 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--
(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;
(C) procedures for systematic and routine information
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;
(C) information on investigation and prosecution
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;
(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.
(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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