PENALTIES.

SEC. 8605. [6 U.S.C. 124n-1] PENALTIES. (a) Definition.—In this section, the term “unmanned aircraft” has the meaning given the term in section 44801 of title 49, United States Code. (b) Felony Penalty for Repeat Violation of National Defense Airspace.—Section 46307 of title 49, United States Code, is amended by adding at the end the following: “If a person is convicted of a second or subsequent offense under this section, the punishment shall be imprisonment for not more than 5 years, a fine under title 18, or both.”. (c) Increased Penalties for Operation of Unmanned Aircraft to Facilitate Felony Offense.—If 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 imprisonment otherwise provided by law for that offense shall be doubled or increased by 5 years, whichever is less. (d) Increased Penalties for Use of Unmanned Aircraft to Introduce Contraband Into Prisons.—If a defendant who is convicted under section 1791 of title 18, United States Code, knowingly used an unmanned aircraft to provide a prohibited object to an inmate of a prison, the maximum imprisonment otherwise provided by law for that offense shall be increased by 5 years. (e) Directive to United States Sentencing Commission: Enhanced Sentencing Range for Use of Unmanned Aircraft.— (1) In general.—To carry out the purposes of this section, during the Sentencing Commission’s amendment cycle in progress at the time this Act is enacted, the Commission shall, under section 994 of title 28, United States Code,— (A) promulgate guidelines, or amendments to guidelines, that substantially increase the sentencing range for all offenses involving the use of an unmanned aircraft; and (B) as necessary, promulgate policy statements, or amendments to policy statements to assist in the application of this section. (2) Enhanced penalties.—In any case in which the enhanced penalties of subsection (c) apply, the guidelines and amendments issued under paragraph (1) 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. (f) Penalties for Unauthorized Counter-UAS Actions.—Any entity or individual authorized to take such actions to mitigate the threat posed by an unmanned aircraft system or unmanned aircraft pursuant to section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n) who knowingly engages in such actions without Federal coordination as required by those statutes, shall be subject to— (1) a civil fine up to $100,000 per violation; or (2) suspension of counter-UAS authority pending review by the Attorney General or Secretary of Homeland Security. (g) Civil Enforcement.—The Attorney General is authorized to bring a civil action in a United States district court to collect fines and enforce civil penalties imposed under this section. (h) Effective Date.—This section and the amendments made by this section shall take effect 30 days after enactment of this Act.