SUPPLEMENTARY INFORMATION:

The United States Sentencing Commission is an independent agency in the judicial branch of the United States Government. The Commission promulgates sentencing guidelines and policy statements for federal courts pursuant to 28 U.S.C. 994(a). The Commission also periodically reviews and revises previously promulgated guidelines pursuant to 28 U.S.C. 994(o) and submits guideline amendments to ( printed page 59299) the Congress not later than the first day of May each year pursuant to 28 U.S.C. 994(p). Absent action of the Congress to the contrary, submitted amendments become effective by operation of law on the date specified by the Commission (generally November 1 of the year in which the amendments are submitted to Congress).

Pursuant to its authority under 28 U.S.C. 994(p) and its emergency authority under section 5017 of the Consolidated Appropriations Act, 2026 (Pub. L. 119-75), the Commission has promulgated an amendment to the Guidelines Manual. Notice of the proposed amendment was published in the Federal Register on April 24, 2026 ( see91 FR 22228). On September 14, 2026, the Commission submitted this amendment to the Congress and specified an effective date of March 15, 2027.

The text of the amendment, and the reason for the amendment, is set forth below. Additional information pertaining to the amendment described in this notice may be accessed through the Commission's website at www.ussc.gov.

Authority:28 U.S.C. 994(a), (o), (p), and (u); Section 5017 of the Consolidated Appropriations Act, 2026 (Public Law 119-75); USSC Rules of Practice and Procedure 2.2 and 4.1.

Amendment to the Sentencing Guidelines, Policy Statements, and Official Commentary

1. Amendment: The Commentary to § 2A5.2 captioned “Statutory Provisions” is amended by striking “49 U.S.C. 46308, 46503, 46504 (formerly 49 U.S.C. 1472(c), (j))” and inserting “49 U.S.C. 46307, 46308, 46503, 46504 (formerly 49 U.S.C. 1472(c), (j))”.

The Commentary to § 2X5.2 captioned “Statutory Provisions” is amended by striking “49 U.S.C. 31310” and inserting “49 U.S.C. 31310, 46307”.

Chapter Three, Part B, is amended by inserting at the end the following new guideline:

“§ 3B1.6. Use of Unmanned Aircraft

(a) (Apply the greater):

(1) If (A) the defendant is convicted of an offense to which the statutory enhancement under 6 U.S.C. 124n-1(c) applies; or (B) the parties stipulate (i) to such an offense for purposes of calculating the guideline range under § 1B1.2 (Applicable Guidelines); or (ii) that the adjustment in this subsection applies, increase by 6 levels.

(2) If the offense otherwise involved the use of an unmanned aircraft, increase by 4 levels.

(b) For purposes of this guideline:

(1) `Unmanned aircraft' has the meaning given that term in 49 U.S.C. 44801.

(2) `Use' does not include mere possession.

(c) Special Instruction

(1) If the use of an unmanned aircraft that forms the basis for an adjustment under this guideline is the only conduct that forms the basis for an enhancement in Chapter Two or another adjustment in Chapter Three, apply the provision that results in the greater offense level.

Commentary

Background: This guideline implements the directive in the SAFER SKIES Act (section 8605(e) of the National Defense Authorization Act for Fiscal Year 2026, Pub. L. 119-60).”.

Appendix A (Statutory Index) is amended by inserting before the line referenced to 49 U.S.C. 46308 the following new line reference:

“49 U.S.C. 46307 2A5.2 (for felony offenses), 2X5.2 (for misdemeanor offenses)”.

Reason for Amendment: This amendment responds to the SAFER SKIES Act (title LXXXVI of the National Defense Authorization Act for Fiscal Year 2026, Pub. L. 119-60) (the “Act”), which contains several provisions relating to criminal penalties for offenses involving aircraft and sets forth a congressional directive to the Commission for offenses involving unmanned aircraft. SeePublic Law 119-60, 8605 (2025). Emergency amendment authority requires the Commission to promulgate an amendment implementing the directive “as soon as possible” and “not later than December 31, 2026.” Consolidated Appropriations Act, 2026, Public Law 119-75, 5017(a).

Increased Statutory Penalties for Offenses Associated With Unmanned Aircraft and Related Directive to the Commission

The Act amended the statutory penalties for providing contraband to imprisoned individuals, in violation of 18 U.S.C. 1791. Section 1791 sets out statutory maximum terms of imprisonment ranging from six months to twenty years depending on the type of contraband provided to the imprisoned individual. The Act increased the maximum penalty by five years “[i]f a defendant who is convicted under section 1791 . . . knowingly used an unmanned aircraft to provide a prohibited object to an inmate of a prison.” 6 U.S.C. 124n-1(d).

In addition to this specific statutory increase, the Act provided more generally that “[i]f a person who is convicted of a felony offense (other than an offense based solely on the operation of an unmanned aircraft) knowingly operated an unmanned aircraft during, in relation to, or in furtherance of such offense,” the maximum penalty for that offense is doubled or increased by five years, whichever is less. Id. § 124n-1(c).

Related to these changes, the Act directed the Commission to “promulgate guidelines, or amendments to guidelines, that substantially increase the sentencing range for all offenses involving the use of an unmanned aircraft.” Id. § 124n-1(e)(1)(A). Specifically, for offenses in which the enhanced penalties under 6 U.S.C. 124n-1(c) apply—that is, where the individual knowingly operated an unmanned aircraft during, in relation to, or in furtherance of a felony offense (other than an offense based solely on the operation of an unmanned aircraft)—the guidelines “shall call for an increase of at least 6 levels in the base offense level,” and “in all other cases, the base offense level shall be increased by at least 4 levels.” Id. § 124n-1(e)(2).

The amendment implements these provisions of the Act by creating a new guideline at § 3B1.6 (Use of Unmanned Aircraft) providing a tiered adjustment of either 6 or 4 levels for offenses involving the use of an unmanned aircraft. Section 3B1.6 provides a 6-level increase if the defendant is convicted of an offense to which the statutory sentencing enhancement under 6 U.S.C. 124n-1(c) applies, or if the parties stipulate to such an offense for purposes of calculating the guideline range or that the adjustment applies to the offense of conviction. Section 3B1.6 provides a 4-level increase if the offense otherwise involved the use of an unmanned aircraft.

Under the new provision, “unmanned aircraft” has the meaning given to that term in 49 U.S.C. 44801. Further, the amendment includes a provision expressly stating that “use” does not include mere possession. This definition of “use” is consistent with the definition in § 3B1.5 (Use of Body Armor in Drug Trafficking Crimes and Crimes of Violence). See USSG App. C, amend. 659 (effective Nov. 1, 2003) (implementing the directive in section 11009 of the 21st Century Department of Justice Appropriations Authorization Act, Pub. L. 107-273).

To avoid unwarranted double counting, a special instruction directs that if the use of an unmanned aircraft that forms the basis for an adjustment ( printed page 59300) under this provision is the only conduct that forms the basis for a Chapter Two enhancement or another Chapter Three adjustment, then the court should apply the provision that results in the greater offense level.

New Felony Offense for Repeated Violations of 49 U.S.C. 46307

The Act created a felony offense for repeated convictions for violating national defense airspace under 49 U.S.C. 46307. Section 46307 establishes a criminal offense when an individual knowingly and willfully violates an order issued pursuant to 49 U.S.C. 40103(b)(3) that restricts or prohibits civil aircraft in certain navigable airspace “in the interest of national defense.” An offense under section 46307 constitutes a Class A misdemeanor, punishable by up to one year in prison. The Act added a maximum five-year penalty for a person convicted of a second or subsequent offense under section 46307. In response to this new statutory provision, the amendment revises Appendix A to reference 49 U.S.C. 46307 to § 2A5.2 (Interference with Flight Crew Member or Flight Attendant; Interference with Dispatch, Navigation, Operation, or Maintenance of Mass Transportation Vehicle; Unsafe Operation of Unmanned Aircraft) for felony offenses and § 2X5.2 (Class A Misdemeanors (Not Covered by Another Specific Offense Guideline)) for misdemeanor offenses.

91 FR 59298