Review - SLTT cUAS Authority IFR – Authorized Personnel

This is the third in a series of blog posts about the interim final rule (IFR) published last week by DHS and DOJ on “Counter-UAS [cUAS] Authority for State, Local, Tribal, and Territorial Law Enforcement and Correctional [SLTT] Agencies”. This post will look at the personnel that would be authorized by this rule to take cUAS actions. 

Previous posts include:  

• DHS/DOJ Publish SLTT cUAS Authority IFR – IFR Overview 
• SLTT cUAS Authority IFR - Detect, Identify, Monitor, and Track 

SLTT Level Authority 

Section 124.3 provides authority for SLTT law enforcement or correctional agencies to take detection, warning, and mitigation actions “that are necessary to address or eliminate a credible threat that a UAS or unmanned aircraft poses 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.” 

Authorized Personnel  

Section 124.4 establishes the requirement that cUAS activities authorized under 6 USC 124n(a)(2) may only be conducted by employees of an SLTT agency. It specifically prohibits contractors from operating cUAS detection or mitigation systems that require relief from limitations under section 46502 of title 49 or sections 32, 1030, 1367 and chapters 119 and 206 of title 18, notwithstanding the laws of any particular State, local, Tribal, or territorial jurisdiction. 

Training and Certification  

Section 124.5 establishes the training and certification requirements for conducting cUAS mitigation operations under 6 USC 124n(b)(1) including disrupting control, seizing or exercising control, and use of reasonable force. Possession of Detection and Warning Certification is a prerequisite for mitigation training and certification. Personnel holding a Mitigation Certification issued by the NCUTC before the effective date of this part must complete the detection and warning curriculum by September 29, 2026. 

Mitigation training will be conducted in person at the NCUTC operated by the FBI. A basic Mitigation Certification training course is required, and additional training at the NCUTC may extend the scope of that certification to additional mitigation technology categories. The certification training will include instruction on the legal, operational, and technological aspects of C-UAS operations.