Air and marine operations flight hours

(a) Air and marine operations flight hours Not later than 120 days after the date of the enactment of this Act, the Secretary shall ensure that not fewer than 110,000 annual flight hours are carried out by Air and Marine Operations of CBP. (b) Unmanned aircraft systems 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. (c) Primary missions The Commissioner shall ensure the following: (1) The primary missions for Air and Marine Operations are to directly support the following: (A) U.S. Border Patrol activities along the borders of the United States. (B) Joint Interagency Task Force South and Joint Task Force East operations in the transit zone. (2) The Executive Assistant Commissioner of Air and Marine Operations assigns the greatest priority to support missions specified in paragraph (1). (d) High demand flight hour requirements The Commissioner shall— (1) ensure that U.S. Border Patrol Sector Chiefs identify air support mission-critical hours; and (2) direct Air and Marine Operations to support requests from such Sector Chiefs as a component of the primary mission of Air and Marine Operations in accordance with subsection (c)(1)(A). (e) Contract air support authorizations The Commissioner shall contract for air support mission-critical hours to meet the requests for such hours, as identified pursuant to subsection (d). (f) Small unmanned aircraft systems (1) In general The Chief of the U.S. Border Patrol shall be the executive agent with respect to the use of small unmanned aircraft by CBP for the purposes of the following: (A) Meeting the unmet flight hour operational requirements of the U.S. Border Patrol. (B) Achieving situational awareness and operational control of the borders of the United States. (2) Coordination In carrying out paragraph (1), the Chief of the U.S. Border Patrol shall coordinate— (A) flight operations with the Administrator of the Federal Aviation Administration to ensure the safe and efficient operation of the national airspace system; and (B) with the Executive Assistant Commissioner for Air and Marine Operations of CBP to— (i) ensure the safety of other CBP aircraft flying in the vicinity of small unmanned aircraft operated by the U.S. Border Patrol; and (ii) establish a process to include data from flight hours in the calculation of got away statistics. (3) Conforming amendment Paragraph (3) of section 411(e) of the Homeland Security Act of 2002 (6 U.S.C. 211(e)) is amended— (A) in subparagraph (B), by striking and after the semicolon at the end; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following new subparagraph: (C) carry out the small unmanned air-craft (as such term is defined in section 44801 of title 49, United States Code) requirements pursuant to subsection (f) of section 111 of the Secure the Border Act of 2023; and. (g) Savings clause Nothing in this section may be construed as conferring, transferring, or delegating 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. (h) Definitions In this section: (1) Got away The term got away has the meaning given such term in section 1092(a)(3) of the National Defense Authorization Act for Fiscal Year (Public Law 114–328; U.S.C. 223(a)(3)). (2) Transit zone 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)).