Biosecurity Smuggling Deterrence Act of 2026

This Act may be cited as the “Biosecurity Smuggling Deterrence Act of 2026”.

(a) Conspiracy to smuggle biological agents.— Section 371 of title 18, United States Code, is amended—

(1) in the first undesignated paragraph, by striking “If two” and inserting the following:

“(a) In general.— Except as otherwise provided in this section, if two”;

(2) in the second undesignated paragraph, by striking “If, however,” and inserting the following:

“(b) Misdemeanor offense.— If”; and

(3) by adding at the end the following:

“(c) Mandatory minimum for biological agent smuggling.— Notwithstanding any other provision of this section or any other law, if the offense, the commission of which is the object of the conspiracy, involves the smuggling into the United States, or the attempted smuggling into the United States, of a biological agent or toxin (as defined in section 178), the persons convicted shall be sentenced to a term of imprisonment of not less than 20 years.”.

(b) False statements in connection with biological agent smuggling.— Section 1001 of title 18, United States Code, is amended by adding at the end the following:

“(d) Mandatory minimum for statements involving biological agents.— Notwithstanding any other provision of this section, if the matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States to which the false statement, concealment, or false writing or document relates involves the smuggling, importation, declaration, permit application, or any other Federal authorization regarding a biological agent or toxin (as defined in section 178), the person convicted shall be sentenced to a term of imprisonment of not less than 5 years.”.

(c) Smuggling of biological agents.— Section 545 of title 18, United States Code, is amended—

(1) in the first undesignated paragraph, by inserting “(a) In general.—” before “Whoever knowingly and willfully”;

(2) in the third undesignated paragraph, by striking the period at the end of the sentence and inserting “, unless the offense involves the smuggling or attempted smuggling of biological agents under subsection (e).”;

(3) in the fourth undesignated paragraph—

(A) by inserting “(b) Evidence sufficient for conviction.—” before “Proof of defendant's possession”; and

(B) by striking “the first or second paragraph of this section” and inserting “subsection (a)”;

(4) in the fifth undesignated paragraph, by inserting “(c) Forfeiture.—” before “Merchandise introduced”;

(5) in the sixth undesignated paragraph, by inserting “(d) Definition of United States.—” before “The term “United States””; and

(6) by adding at the end the following:

“(e) Mandatory minimum for biological agent smuggling.— Notwithstanding any other provision of this section or any other law, if the offense involves the smuggling into the United States, or the attempted smuggling into the United States, of a biological agent or toxin (as defined in section 178), the person convicted shall be sentenced to a term of imprisonment of not less than 20 years.”.

The amendments made by this Act shall apply to any offense committed on or after the date of enactment of this Act.