Sec. 14. Air and Marine Operations flight hours

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The Secretary shall ensure that not fewer than 95,000 annual flight hours are carried out by Air and Marine Operations of CBP. The Secretary, after coordination with the Administrator of the Federal Aviation Administration, shall ensure that Air and Marine Operations operate unmanned aircraft systems on the southern border of the United States for not less than 24 hours per day for 7 days per week. The Commissioner shall ensure that— the primary missions for Air and Marine Operations are to directly support— U.S.

Border Patrol activities along the borders 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 outlined under paragraph (1). The Commissioner shall ensure that U.S. Border Patrol Sector Chiefs— identify air support mission-critical hours; and direct Air and Marine Operations to support requests from Sector Chiefs as their primary mission.

The Commissioner shall contract for the unfulfilled air support mission-critical hours, as identified pursuant to subsection (d). The Chief of the U.S. Border Patrol shall be the executive agent with respect to the use of small unmanned aircraft systems by CBP for the purpose of— meeting the unmet flight hour operational requirements of the U.S. Border Patrol; and achieving situational awareness and operational control (as such term is defined in section 2(b) of the Secure Fence Act of 2006 ( Public Law 109–367 ; 8 U.S.C. 1701 note)).

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 with the Executive Assistant Commissioner for Air and Marine Operations of CBP to— ensure the safety of other CBP aircraft flying in the vicinity of small unmanned aircraft systems operated by the U.S. Border Patrol; and establish a process to include data from flight hours in the calculation of got away statistics.

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 aircraft system (as such term is defined in section 44801 of title 49, United States Code) requirements pursuant to subsection

(f)of section 14 of the Border Security for America Act of 2021; 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 CBP, 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. In this section: The term got away has the meaning given such term in section 1092(a)(3) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 6 U.S.C. 223(a)(3) ). The term transit zone has the meaning given such term in section 1092(a)(8) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 6 U.S.C. 223(a)(8) ).

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