§ 124.16 — Compliance and enforcement.

§ 124.16 Compliance and enforcement.

(a) Compliance audits. The Attorney General, in coordination with the Secretary of Homeland Security and the Administrator of the Federal Aviation Administration, will periodically conduct compliance audits of SLTT law enforcement and correctional agencies exercising authority under 6 U.S.C. 124n(a)(2), as required by 6 U.S.C. 124n(d)(2)(B) and section 8606(b)(2) of the SAFER SKIES Act, to oversee compliance with this part and the privacy protections of 6 U.S.C. 124n(e) as well as to prevent misuse of C-UAS authority. The audit program will include review of post-operation reports, advance notification records, and agency implementation policies. The FAA will participate with respect to the aviation safety, airspace safety coordination, and deconfliction aspects of the compliance audits conducted under this section.

(b) Civil fines and penalties. 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.

(c) 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 against any agency or individual, as provided in section 8605(g) of the SAFER SKIES Act.

(d) Relationship to certification or accreditation suspension. 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.