§ 124.5 — Training and certification.

§ 124.5 Training and certification.

(a) Training and certification structure. This section establishes the training and certification structure implementing the requirements of 6 U.S.C. 124n(d)(2)(A). Detection and Warning Certification governs training for detection and warning operations under 6 U.S.C. 124n(b)(1)(A) and (B). Mitigation Certification governs training and certification for mitigation operations under 6 U.S.C. 124n(b)(1)(C), (D), and (F). A current Detection and Warning Certification is a prerequisite both for initial enrollment in the mitigation training course and for mitigation recertification.

(b) Agency implementation policy. Before conducting any operations under this part, an SLTT law enforcement or correctional agency must adopt an agency implementation policy or detection and warning policy and complete the portal attestation in accordance with § 124.6, and must authorize each operation by a C-UAS Operations Plan in accordance with § 124.8, consistent with the other requirements and obligations of this part and applicable laws and policies.

(c) Detection and Warning Certification. The Attorney General, acting through the Director of the Federal Bureau of Investigation, will develop and maintain through the NCUTC an online training curriculum for detection and warning operations, accessible through a secure web-based training portal. The curriculum includes the confiscation authority of 6 U.S.C. 124n(b)(1)(E), evidence preservation, and chain of custody. Only those personnel who have completed the curriculum and passed the post-course assessment may exercise the authorities described in 6 U.S.C. 124n(b)(1)(A), (B), and (E). Upon successful completion, the NCUTC training portal automatically issues a Detection and Warning Certification. Detection and Warning Certification is issued only by the NCUTC, and detection and warning training or certification obtained from another agency or a private entity does not satisfy this requirement. Detection and warning activity conducted using systems that do not require the authority of 6 U.S.C. 124n is not subject to this requirement. Upon successful completion, the training portal records the individual's name, agency, date of completion, and certification status in the NCUTC certification database, which is the system of record for all certifications issued under this section. Each agency must maintain a roster of its certified personnel drawn from the NCUTC certification database and must verify the certification status of personnel assigned to C-UAS operations. Vendor-specific and system-level operator training is the responsibility of each agency through its own training procedures and is not part of the detection and warning curriculum.

(d) Mitigation training and certification. (1) The Attorney General, acting through the Director of the Federal Bureau of Investigation, designates the NCUTC as the national schoolhouse and sole certifying authority for personnel exercising mitigation authorities under 6 U.S.C. 124n(b)(1)(C), (D), and (F), as required by 6 U.S.C. 124n(d)(2)(A)(i). Only personnel who hold a valid Mitigation Certification may exercise these authorities. The NCUTC mitigation training program consists of the mitigation training course and such advanced and supplemental courses as the Attorney General, acting through the Director of the Federal Bureau of Investigation, approves. Each course is evaluated on a pass or fail basis and requires demonstrated proficiency in each mitigation technology category it covers; a person who does not demonstrate proficiency in each category does not pass that course. A person obtains Mitigation Certification by passing the mitigation training course and may extend the scope of that certification to additional mitigation technology categories by passing an advanced or supplemental course covering those additional categories. Failure to pass a particular advanced or supplemental course does not affect the scope of a certification already held.

(2) A person who holds a current Mitigation Certification under this paragraph (d) may conduct mitigation operations at a correctional facility. An abbreviated Correctional Mitigation Certification, limited to correctional-facility operations, is available for personnel who will operate only at correctional facilities.

(3) The mitigation training course under this paragraph is delivered at the NCUTC. The Attorney General, acting through the Director of the Federal Bureau of Investigation, may authorize the Federal Law Enforcement Training Centers or another qualified Federal training provider to deliver the mitigation training course at one or more additional sites, provided the NCUTC retains approval authority over curriculum and standards, exercises oversight of the delivery, and issues all certifications upon verified completion. Any such authorization is at the sole discretion of the Attorney General, acting through the Director, confers no entitlement on any agency or training provider, and may be modified or withdrawn at any time.

(e) Correctional mitigation training and certification. The NCUTC offers an abbreviated Correctional Mitigation Certification for personnel who will conduct mitigation operations only at correctional facilities. The correctional course of instruction is shorter than the mitigation training course under paragraph (d) of this section because the fixed perimeter and persistent-threat environment of a correctional facility reduce the operational setup and mission-planning instruction required. The correctional course of instruction addresses the persistent-threat environment, perimeter operations, and the legal and safety considerations of correctional settings. A person who holds only the Correctional Mitigation Certification may conduct mitigation operations at a correctional facility but may not conduct other mitigation operations under this part. The NCUTC may arrange for the Federal Law Enforcement Training Centers or another qualified training provider to deliver the correctional curriculum, provided the NCUTC retains approval authority over curriculum and standards, exercises oversight of the delivery, and issues all certifications upon verified completion.

(f) Training standards. The mitigation training course, as administered by the NCUTC, will include instruction on the legal, operational, and technological aspects of C-UAS operations as required by section 8606(b)(1) of the SAFER SKIES Act, including FAA coordination and airspace procedures, spectrum coordination requirements, real-time air traffic control notification procedures, FBI and DHS notification requirements, and the operational use of authorized mitigation technologies. The Attorney General, in coordination with the Secretary of Homeland Security, the Secretary of Defense, the Secretary of Transportation, and the Administrator of the Federal Aviation Administration, will approve training program standards and may approve additional courses of instruction for specialized C-UAS operations. The mitigation training course must include scenario-based instruction on the application of the credible threat standard.

(g) Eligible personnel. Personnel eligible for Mitigation Certification or Detection and Warning Certification must have assigned duties that include the security or protection of people, facilities, or assets, as specified in 6 U.S.C. 124n(a)(2), and must be officers or employees of an SLTT law enforcement or correctional agency accredited by the Attorney General acting through the Director of the Federal Bureau of Investigation. The NCUTC, under the authority of the Attorney General, may establish additional attendance prerequisites.

(h) Sufficiency of certification. Successful completion of the applicable training requirement, combined with the use of systems within technology categories on the Authorized Technologies List and specific systems on the Authorized Systems List where populated, and compliance with the requirements of this part, satisfies the training and certification prerequisites of 6 U.S.C. 124n(d)(2)(A) for the exercise of the corresponding authorities under 6 U.S.C. 124n(a)(2).

(i) Suspension. 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.

(j) Suspension notice. A suspension will be communicated in writing and will specify the basis for the action and any available remedial steps. The suspension notice must include the factual basis for the action in sufficient detail to enable the affected individual or agency to respond. In exigent circumstances, the Director of the Federal Bureau of Investigation or the Director's designee may immediately suspend a certification or accreditation pending administrative review without the requisite written notice when continued exercise of C-UAS authority poses a risk to aviation safety, public safety, or national security. In such cases, the Director or the Director's designee must provide the requisite notice within 3 days of the suspension.

(k) Administrative review. An individual or agency that receives a suspension notice may request administrative review within 30 calendar days of receipt. The Attorney General, acting through the Director of the Federal Bureau of Investigation, will designate a reviewing official of the Department of Justice who did not participate in or supervise the initial decision. The affected party may submit documentary evidence and written witness statements in support of its response. The reviewing official will consider the written submissions of both parties, may conduct an informal hearing at the reviewing official's discretion, and will issue a written determination within 60 calendar days of receipt of the request, stating the factual findings and the basis for the determination. The reviewing official may affirm the action, modify its terms, impose conditions for reinstatement, or reverse the action. A suspension that is affirmed remains in effect until reinstatement under paragraph (m) of this section or the expiration of the suspended certification or accreditation, whichever occurs first.

(l) Conditions. The Attorney General, acting through the Director of the Federal Bureau of Investigation, may issue a certification or accreditation subject to conditions, and may modify the conditions of a certification or accreditation, consistent with the standards and procedures applicable to suspension under this section.

(m) Reinstatement. An individual or agency whose certification or accreditation has been suspended may apply for reinstatement after completing the remedial steps specified in the suspension notice or the reviewing official's determination. An individual Mitigation Certification may alternatively be reinstated upon the successful recompletion of the full mitigation training course.

(n) Transition for previously trained personnel. Personnel holding a Mitigation Certification issued by the NCUTC before the effective date of this part must complete the detection and warning curriculum under paragraph (c) of this section by September 29, 2026. During that period, the Mitigation Certification remains valid, and the Detection and Warning Certification prerequisite for Mitigation Certification is deemed satisfied. An agency's accreditation is not affected while its personnel complete the curriculum during the transition period.