[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8697 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8697
To amend the Homeland Security Act of 2002 and titles 10 and 32, United
States Code, to authorize the National Guard to protect certain
facilities and assets from unmanned aircraft, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 7, 2026
Mr. McCaul (for himself, Mr. Gottheimer, Mr. Crane, Ms. Kaptur, Mr.
Baumgartner, and Ms. Houlahan) introduced the following bill; which was
referred to the Committee on Armed Services, and in addition to the
Committees on Transportation and Infrastructure, and the Judiciary, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 and titles 10 and 32, United
States Code, to authorize the National Guard to protect certain
facilities and assets from unmanned aircraft, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guard the Skies Act''.
SEC. 2. AUTHORIZATION OF THE NATIONAL GUARD TO PROTECT CERTAIN
FACILITIES AND ASSETS FROM UNMANNED AIRCRAFT.
(a) Homeland Security Act of 2002.--Section 210G of the Homeland
Security Act of 2002 (6 U.S.C. 124n) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by inserting ``and the
Secretary of Defense'' before the period; and
(B) in paragraph (4)--
(i) by striking ``Administrator of the
Federal Aviation Administration'' and inserting
``following:
``(A) The Administrator of the Federal Aviation
Administration,''; and
(ii) by adding at the end the following new
subparagraph:
``(B) The Secretary of Defense, if an action under
subsection (l)(3)(C)(iii) is requested by the chief
executive officer of a State pursuant to section 130j
of title 10, United States Code.'';
(2) in subsection (d)(3)--
(A) in subparagraph (A)--
(i) in the heading, by inserting ``and
department of defense'' after ``Department of
transportation''; and
(ii) by inserting ``and the Secretary of
Defense'' before the period; and
(B) in subparagraph (B)--
(i) in the heading, by inserting ``and
defense'' after ``Safety'';
(ii) by striking ``Secretary of
Transportation and the Administrator of the
Federal Aviation Administration'' and inserting
``following:
``(i) The Secretary of Transportation and
the Administrator of the Federal Aviation
Administration,''; and
(iii) by adding at the end the following
new clause:
``(ii) The Secretary of Defense, before
issuing any guidance, or otherwise implementing
this section, if such guidance or
implementation might affect actions pursuant to
section 130j of title 10, United States
Code.'';
(3) in subsection (e)(5), by inserting ``, the Department
of Defense,'' after ``Department of Homeland Security''; and
(4) in subsection (l)(3)(C)(iii)(I), by inserting ``(as
such term is defined in section 2001)'' after ``National
Special Security Event''.
(b) Title 10, United States Code.--
(1) National guard authorization for protection of certain
facilities and assets from unmanned aircraft.--Title 10, United
States Code, is amended by inserting after section 130i the
following new section:
``Sec. 130j. National Guard authorization for protection of certain
facilities and assets from unmanned aircraft
``Notwithstanding section 46502 of title 49 or sections 32, 1030,
1367 and chapters 119 and 206 of title 18, the Secretary of Defense
may, at the request of the chief executive officer of a State with
respect to a mission described in subsection (l)(3)(C)(iii) of section
210G of the Homeland Security Act of 2002 (6 U.S.C. 124n), authorize
members of the National Guard to take the actions authorized by
subsection (a)(1) of such section 210G, if such members satisfy the
following requirements:
``(1) Are ordered to duty under this title or title 32.
``(2) Are assigned duties referred to in subsection (a) of
section 130i.''.
(2) Selected reserve and certain individual ready reserve
members; order to active duty other than during war or national
emergency.--Subsection (b) of section 12304 of title 10, United
States Code, is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving
such subparagraphs, as so redesignated, two ems to the
right; and
(B) by striking ``in responding to an emergency
involving--'' and inserting ``in--
``(1) taking actions pursuant to section 130j; or
``(2) responding to an emergency involving--''.
(c) Title 32, United States Code.--Subsection (f)(2) of section 502
of title 32, United States Code, (relating to required drills and field
exercises) is amended by adding at the end the following new
subparagraph:
``(C) Support of actions pursuant to section 130j of title
10.''.
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