§124.16. Compliance and enforcement. — Inbound Citations

(i) The Attorney General, acting through the Director of the Federal Bureau of Investigation or the Director's designee, may suspend the Mitigation Certification or Detection and Warning Certification of any individual, or the accreditation of any SLTT law enforcement or correctional agency, for failure to comply with the requirements of this part, violation of the conditions of certification, or for any conduct that demonstrates unfitness to exercise C-UAS authority. Suspension of a certification or accreditation under this section is distinct from suspension of C-UAS authority by the Attorney General or the Secretary of Homeland Security under section 8605(f) of the SAFER SKIES Act, which is addressed in § 124.16. Neither a suspension of certification under this section nor an enforcement action against an individual under section 8605(f) of the SAFER SKIES Act prevents or bars the responsible agency from taking any additional actions it deems necessary to address the circumstances that led to suspension or enforcement action by the Attorney General or designee.

(e) The agency must retain the implementation policy and make it available to the Attorney General or the Secretary of Homeland Security, or their designee, upon request, including during compliance audits under § 124.16.

(g) When a credible threat poses an imminent risk to human life and advance coordination under this section is not practicable, an SLTT law enforcement or correctional agency may take mitigation action. The agency must complete the notifications required by this section as soon as practicable, and in any event within two hours of the action. If the mitigation action involves an RF-emitting C-UAS system, the agency must additionally comply with the real-time notification requirements of § 124.11. Each invocation of this exception must be documented in the post-operation report with a specific explanation of why advance coordination was not feasible. This exception may not be invoked as a routine alternative to advance coordination, and a pattern of repeated invocations may result in compliance review under § 124.16, accreditation or certification suspension, and penalties under section 8605(f) of the SAFER SKIES Act. The compliance audit program will establish the criteria for identifying patterns of emergency invocations that warrant review.