§ 124.13 Post-operation reporting.
(a) Report required. Any SLTT law enforcement or correctional agency exercising authority under 6 U.S.C. 124n(a)(2) must submit a post-operation report as required by 6 U.S.C. 124n(d)(2)(C)(i) within 48 hours of whichever occurs first:
(1) Taking any mitigation action described in 6 U.S.C. 124n(b)(1)(C), (D), or (F);
(2) Any confiscation of an unmanned aircraft or UAS under 6 U.S.C. 124n(b)(1)(E); or
(3) The conclusion of an operation where notification was provided.
(b) Other confiscations. A confiscation that does not occur pursuant to 6 U.S.C. 124n(b)(1)(E) may be documented through the agency's normal evidence-handling procedures and does not need to be separately reported under this part.
(c) Content. The post-operation report must contain:
(1) Confirmation whether the planned operation did or did not occur as notified;
(2) The date, time, and geographic location of the reportable action;
(3) A brief description of the credible threat that a UAS or unmanned aircraft posed to the safety or security of people, a facility, or an asset; a venue or set of venues used for large-scale public gatherings or events; critical infrastructure; or a correctional facility necessitating the action;
(4) The type of capability employed, including the specific system or systems used by reference to the Authorized Systems List and Authorized Technologies List category, or where the Authorized Systems List had not yet been populated for a particular Authorized Technologies List category at the time of the action, the Authorized Technologies List category; and in all cases the make, model, hardware version, firmware revision, and software version of the system or systems as deployed;
(5) Any known operational effects, including the seizure, disabling, damage, or destruction of a UAS or unmanned aircraft; any reported effects on other aviation systems, spectrum users, or persons and property on the surface or in the air; any aviation accident; whether a temporary flight restriction was granted or denied; and any other harm, damage, or loss to a person or to private property;
(6) Any issues, anomalies, or deviations encountered during the operation; and
(7) Summary operational statistics, including the number of UAS detected, counted as confirmed detections attributable to a distinct unmanned aircraft and reported in good faith with reasonable deduplication; warnings issued; mitigation actions taken; UAS or unmanned aircraft seized or confiscated; and any criminal charges, citations, regulatory enforcement actions, or arrests resulting from the operation.
(d) Submission mechanism. Reports must be submitted through the designated Federal C-UAS coordination portal. Submission through the portal satisfies the notification requirement to both the Attorney General and the Secretary of Homeland Security, as the portal routes reports to the Federal Bureau of Investigation and Department of Homeland Security automatically.
(e) Immediate notification for unintended consequences. If a detection, warning, or mitigation action results in unintended consequences, including interference with manned aviation or lawfully operating UAS, property damage, injury, or system malfunction affecting third parties, the SLTT law enforcement or correctional agency must immediately notify the Federal Bureau of Investigation and Department of Homeland Security by the most expedient means available, in addition to the 48-hour post-operation report. The Federal Bureau of Investigation will notify the Office of the Deputy Attorney General, the Department of Transportation, the Federal Aviation Administration, the Federal Communications Commission, and other affected agencies as appropriate.
(f) Consolidated reporting. Where multiple reportable events occur within a 48 hour period, an SLTT law enforcement or correctional agency may submit a single consolidated post-operation report covering all actions taken during the period, due within 48 hours of the first reportable event, provided that each action is documented with the data elements required by paragraph (c) of this section and that any action resulting in unintended consequences is reported immediately under paragraph (e) of this section.
(g) Recurring venue reporting. For recurring venue operations conducted under a standing operational window authorized by § 124.8(h), each discrete event within the authorization period must be reported separately.
(h) Semiannual operational summary. Each SLTT law enforcement or correctional agency exercising authority under this part must submit a semiannual operational summary through the designated Federal C-UAS coordination portal, covering total operations conducted, mitigation actions taken, detection activity, instances of retention of records of communication beyond 180 days, instances in which control communications were disclosed outside the originating agency organized by the legal basis for their disclosure, compliance issues identified, and lessons learned. The summary must also report the requests the agency received for C-UAS protection from critical infrastructure or airport owners or operators that are not SLTT law enforcement or correctional agencies, the number of those requests to which it provided protection, and the number it was unable to support as well as the reasons it was unable to provide support.
(i) Reporting to support congressional and oversight requirements. The Federal Bureau of Investigation will compile information from post-operation reports and semiannual summaries to support the biannual report required by 6 U.S.C. 124n(d)(2)(D) and the semiannual briefings required by 6 U.S.C. 124n(g), in coordination with the Secretary of Homeland Security and the Secretary of Transportation. The compilation will include:
(1) The frequency, location, and circumstances of SLTT law enforcement and correctional agencies' mitigation deployments and the types of mitigation employed;
(2) A list of any aviation security or safety incidents, and any aviation accidents, that occurred due to SLTT law enforcement and correctional agencies' deployment of C-UAS technologies;
(3) Recommendations for improving SLTT law enforcement and correctional agencies' C-UAS training, oversight, compliance, and execution, and the compliance audits required by section 8606(b)(2) of the SAFER SKIES Act; and
(4) A determination whether SLTT law enforcement and correctional agencies are able to fully protect critical infrastructure from the UAS threat and, if not, recommendations on how to expand C-UAS authorities to critical infrastructure owners. This determination is informed by the protection-request data reported under paragraph (h) of this section.
(5) Instances in which records of communications were retained beyond 180 days, or in which control communications were disclosed outside the originating agency.