Guard the Skies Act

Bill Number: H.R. 8697
Origin Chamber: House
Congress: 119th Congress, Session 2
Policy Area: Armed Forces and National Security
Status: Introduced
Latest Action: 2026-05-07: 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.
Last Updated: 2026-06-09T08:06:36Z

AI-Generated Summary

Purpose

The Guard the Skies Act (H.R. 8697) aims to authorize the National Guard to protect specific facilities and assets—such as those tied to "National Special Security Events" (major events like presidential inaugurations or Super Bowls requiring high-level federal security)—from threats posed by unmanned aircraft (commonly known as drones).

Key Provisions

National Guard Deployment: At the request of a state's governor (chief executive), the Secretary of Defense may authorize National Guard members to counter drone threats. These members must be:
Ordered to duty under Title 10 (federal active duty) or Title 32 (state active duty).
Assigned duties similar to those in section 130i of Title 10 (protecting facilities from drones).
Overrides on Existing Laws: Authorizes actions that would otherwise violate laws on aircraft operation (49 U.S.C. 46502), computer fraud (18 U.S.C. 1030), satellite interference (18 U.S.C. 1367), and surveillance (18 U.S.C. chapters 119 and 206).
Coordination Requirements: Expands consultations among the Department of Homeland Security (DHS), Department of Defense (DoD), Department of Transportation (DOT), and Federal Aviation Administration (FAA).
Training and Mobilization:
Allows Selected Reserve and certain Individual Ready Reserve members to be called to active duty specifically for these drone-protection missions.
Includes support for these missions in required National Guard drills and exercises.

Significant Changes to Existing Law

Homeland Security Act (6 U.S.C. 124n): Adds DoD and Secretary of Defense to notification, coordination, and guidance processes previously limited to DHS, DOT, and FAA.
Title 10, U.S. Code:
Inserts new section 130j to explicitly enable National Guard drone countermeasures.
Modifies section 12304(b) to permit reserve activations for these missions outside of war or national emergencies.
Title 32, U.S. Code: Updates section 502(f)(2) to incorporate drone-protection support into mandatory training.

Potential Impacts

Government Agencies: Enhances DoD and National Guard roles in domestic drone defense, requiring closer interagency coordination with DHS and FAA; may increase training and operational demands on the Guard.
Citizens and States: Provides states with a federal tool to request Guard assistance for securing high-risk events or assets against drones, potentially improving public safety at large gatherings.
International Relations: Minimal direct impact, though drone countermeasures could affect foreign-operated systems if incidents involve international actors.

Main Stakeholders Affected

National Guard and DoD: Gain new authorities and responsibilities for drone protection.
State Governors: Can request federal assistance for specific missions.
DHS, DOT, and FAA: Must expand coordination and notifications.
Event Organizers and Facilities: Benefit from heightened security for National Special Security Events.

Notable Legal, Constitutional, or Political Implications

Legal: Grants limited exceptions to federal aviation, cyber, and surveillance laws, balancing security needs against restrictions on airspace use and electronic interference (notwithstanding clauses override these for authorized actions).
Constitutional: Relies on federal-state partnerships via Title 32 (state control with federal funding) and Title 10 (full federal command), aligning with the militia clauses (U.S. Const. art. I, § 8) for domestic defense.
Political: Bipartisan sponsorship (introduced by Reps. McCaul, Gottheimer, et al.); referred to Armed Services, Transportation, and Judiciary committees, signaling focus on national security, aviation safety, and civil liberties in drone regulation. No funding appropriated; implementation depends on executive action.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. McCaul, Michael T. [R-TX-10]

Cosponsors (10)

Rep. Gottheimer, Josh [D-NJ-5], Rep. Crane, Elijah [R-AZ-2], Rep. Kaptur, Marcy [D-OH-9], Rep. Baumgartner, Michael [R-WA-5], Rep. Houlahan, Chrissy [D-PA-6], Rep. Stefanik, Elise M. [R-NY-21], Rep. Owens, Burgess [R-UT-4], Rep. Quigley, Mike [D-IL-5], Rep. Rutherford, John H. [R-FL-5], Rep. Guest, Michael [R-MS-3]

Recent Actions

2026-05-07: 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.
2026-05-07: 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.
2026-05-07: 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.
2026-05-07: Introduced in House
2026-05-07: Introduced in House

Bill Versions

Guard the Skies Act — issued 2026-05-07 — PDF (5 pages)