Sec. 411. Air and Marine Operations flight hours
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The Secretary of Homeland Security shall ensure that not fewer than 95,000 annual flight hours are carried out by Air and Marine Operations of U.S. Customs and Border Protection. The Secretary of Homeland Security, after coordination with the Administrator of the Federal Aviation Administration, shall ensure that Air and Marine Operations operate unmanned aerial systems on the southern border of the United States for not less than 24 hours per day for 5 days per week. The Commissioner of U.S.
Customs and Border Protection may contract for the unfulfilled identified air support mission critical hours, as identified by the Chief of the U.S. Border Patrol. The Commissioner of U.S. Customs and Border Protection shall ensure that— the primary missions for Air and Marine Operations are to directly support U.S. Border Patrol activities along the southern border of the United States and Joint Interagency Task Force South operations in the transit zone; and the Executive Assistant Commissioner of Air and Marine Operations assigns the greatest priority to support missions established by the Commissioner to carry out the requirements under this Act.
In accordance with subsection (d), the Commissioner of U.S. Customs and Border Protection shall ensure that U.S. Border Patrol Sector Chiefs— identify critical flight hour requirements; and direct Air and Marine Operations to support requests from Sector Chiefs as their primary mission. The Chief of the U.S. Border Patrol shall be the executive agent for U.S. Customs and Border Protection’s use of small unmanned aerial vehicles for the purpose of meeting the U.S. Border Patrol’s unmet flight hour operational requirements and to achieve situational awareness and operational control.
In carrying out paragraph (1), the Chief of the U.S. Border Patrol shall— coordinate flight operations with the Administrator of the Federal Aviation Administration to ensure the safe and efficient operation of the National Airspace System; and coordinate with the Executive Assistant Commissioner for Air and Marine Operations of U.S. Customs and Border Protection to ensure the safety of other U.S. Customs and Border Protection aircraft flying in the vicinity of small unmanned aerial vehicles operated by the U.S.
Border Patrol. Paragraph
(3)of section 411(e) of the Homeland Security Act of 2002 ( 6 U.S.C. 211(e) ) is amended— in subparagraph (B), by striking and after the semicolon at the end; by redesignating subparagraph
(C)as subparagraph (D); and by inserting after subparagraph
(B)the following new subparagraph: carry out the small unmanned aerial vehicle requirements pursuant to section 410(f) of the DHS Authorization Act of 2020; and . Nothing in this section shall confer, transfer, or delegate to the Secretary, the Commissioner, the Executive Assistant Commissioner for Air and Marine Operations of U.S. Customs and Border Protection, or the Chief of the U.S. Border Patrol any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration relating to the use of airspace or aviation safety.
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Sec. 411
Air and Marine Operations flight hours
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