Biosecurity Smuggling Deterrence Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4729 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 4729

    To impose mandatory minimum sentences for conspiracy to smuggle 
     biological agents into the United States and for making false 
statements to Federal agents in connection with such smuggling, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 10, 2026

  Mr. Cotton introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
    To impose mandatory minimum sentences for conspiracy to smuggle 
     biological agents into the United States and for making false 
statements to Federal agents in connection with such smuggling, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Biosecurity Smuggling Deterrence Act 
of 2026''.

SEC. 2. MANDATORY MINIMUM SENTENCES FOR CERTAIN OFFENSES INVOLVING 
              BIOLOGICAL AGENTS.

    (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.''.

SEC. 3. EFFECTIVE DATE.

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