Biosecurity Smuggling Deterrence Act of 2026

Section 371 of title 18, United States Code, is amended—

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

Except as otherwise provided in this section, if two;

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

If; and

(3) by adding at the end the following:

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.

Section 1001 of title 18, United States Code, is amended by adding at the end the following:

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.

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:

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.