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
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.
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:
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.