§124.5. Training and certification. — Inbound Citations

(b) An SLTT law enforcement or correctional agency, or its personnel authorized to take mitigation actions under 6 U.S.C. 124n(a)(2), that knowingly engages in such actions without Federal coordination as required by 6 U.S.C. 124n and the SAFER SKIES Act, including the advance coordination required by § 124.9, the real-time air traffic control notification required by § 124.11, and the post-action notification to the Attorney General and the Secretary of Homeland Security required by 6 U.S.C. 124n(d)(2)(C) and implemented by § 124.13(a), may be subject to a civil fine of up to $100,000 per violation, or suspension of C-UAS authority pending review by the Attorney General or the Secretary of Homeland Security, as provided in section 8605(f) of the SAFER SKIES Act. Civil penalties will be assessed in accordance with graduated penalty levels proportionate to the severity of the violation and the factors set forth in this part, including the agency's compliance history, the availability and quality of compliance assistance from Federal partners, whether the violation resulted in actual harm, and whether the agency took prompt corrective action. A civil penalty will not be assessed for a first violation of a procedural reporting or notification requirement when the agency demonstrates a good-faith effort to comply and voluntarily self-reports the deficiency. Violations of requirements of this part other than the Federal coordination requirements described in this paragraph do not give rise to civil penalties under section 8605(f) of the SAFER SKIES Act; they are addressed through the compliance audit program of this section, certification and accreditation suspension under § 124.5, and any other remedy available under law.

(3) Personnel of a non-accredited requesting or host agency may support the operation through ordinary law enforcement, correctional, public safety, evidence-handling, perimeter-security, ground-intercept, evacuation, traffic-control, or incident-command functions. Such personnel may not exercise C-UAS authority under 6 U.S.C. 124n(a)(2), operate systems whose operation requires the authority of or relief from certain laws under 6 U.S.C. 124n, make a credible-threat determination, or initiate any mitigation action, unless those personnel independently satisfy the requirements of this part, hold the applicable certification under § 124.5, and are expressly designated in the accredited C-UAS operating agency's C-UAS Operations Plan to perform that function. Personnel so designated operate under that agency's implementation policy, Agency Approving Official approval, supervision, and compliance responsibility. An individual certification does not, by itself, authorize personnel to exercise 6 U.S.C. 124n(a)(2) authority, and this designation must be established in advance through the C-UAS Operations Plan and the mutual-aid arrangement under paragraph (c)(4) of this section.

(d) Upon adoption of the implementation policy, the agency head or designee must certify compliance through the Federal C-UAS coordination portal by attesting that the agency has adopted an implementation policy addressing each element required by paragraph (a) of this section. The portal records the certifying official, agency, and date of attestation. The implementation policy is not subject to pre-approval by the NCUTC. The NCUTC retains authority to audit implementation policies and to suspend certification or accreditation under § 124.5. The attestation must be renewed annually.

(b) This part applies to all SLTT law enforcement and correctional agencies, and their personnel seeking to exercise or exercising authority under 6 U.S.C. 124n(a)(2). This part does not govern Federal agency operations under 6 U.S.C. 124n(a)(1), nor deputized SLTT personnel conducting C-UAS as part of an FBI C-UAS task force, which are subject to separate policies and guidance. An SLTT law enforcement or correctional agency that conducts only detection and warning operations using systems the operation of which requires the authority of the Act or the relief it provides from certain laws is subject principally to the Detection and Warning Certification requirement of § 124.5(c), the detection and warning policy provisions of § 124.6(g), the authorized technology requirements of § 124.7, the C-UAS Operations Plan requirement of § 124.8, the operational conditions of § 124.12, and the privacy and data handling requirements of § 124.14.

(d) In addition to civil penalties, the Attorney General or designee may suspend a Mitigation Certification, Detection and Warning Certification, or accreditation under § 124.5(i) for violations of this part. Certification or accreditation suspension may be imposed independently of or in conjunction with other actions described in this section.

(b) Contractors may provide technical support, system maintenance, and training assistance, but may not operate C-UAS mitigation systems, make credible threat determinations, or execute mitigation actions. An arrangement in which a contractor exercises de facto operational control of a C-UAS mitigation system during an operation, including an arrangement described as a turnkey, managed service, or operator-provided C-UAS service, constitutes an unauthorized delegation of authority and is grounds for suspension of accreditation or certification under § 124.5(i). Detection services that do not require the authority of the Act or the relief it provides from certain laws may be provided by contractors.