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HR 8697

Guard the Skies Act

119th Congress Introduced by Michael Baumgartner and 10 co-sponsors

The bill creates a formal National Guard counter-UAS authority under new 10 U.S.C. §130j, enabling state-requested, federally authorized Guard actions against unmanned aircraft.

Introduced in House
0
WeVote Research Nonpartisan
Bill Summary · HR 8697

Summary of HR 8697 — Guard the Skies Act (Session 119)

Purpose and intent

  • The bill aims to authorize the National Guard to protect certain facilities and assets from unmanned aircraft (drones).
  • It modifies the Homeland Security Act of 2002 and relevant sections of Title 10 and Title 32 to enable Guard involvement in counter-drone activities at the request of state leaders, and to align federal authorities across interconnected agencies and military components.

Key provisions and changes

  • Amendments to the Homeland Security Act of 2002 (Section 210G)

    • Expands references to authorize both the Administrator of the FAA and, in certain circumstances, the Secretary of Defense to participate in actions related to unmanned aircraft threats.
    • Adds a mechanism for the Secretary of Defense to act when a state chief executive requests support under the authorities described in 210G(l)(3)(C)(iii).

  • Procedural changes for coordination

    • Requires consideration and potential involvement of the Department of Defense in implementing guidance or actions that may affect Guard-led operations against UAVs, especially when actions could implicate section 130j of Title 10 (discussed below).
    • Adjusts references to ensure cross-department coordination among the Department of Homeland Security, the Department of Transportation, the FAA, and the Department of Defense.

  • New Title 10 authority — Section 130j

    • Establishes a new section: 10 U.S.C. § 130j, titled “National Guard authorization for protection of certain facilities and assets from unmanned aircraft.”
    • Key conditions:
    • The Secretary of Defense may authorize members of the National Guard to take actions authorized under 210G(a)(1) when requested by a state chief executive for missions related to unmanned aircraft protection.
    • Guardsmen must be ordered to duty under Title 10 or Title 32 and assigned duties described in subsection (a) of §130i.
    • This creates a formal pathway for National Guard units to engage in counter-UAS (unmanned aircraft systems) operations at the state level, under federal authorization.

  • Title 10, U.S.C., § 12304 (Selected Reserve and Ready Reserve) modifications

    • Reconfigures subsections to explicitly include authority to act in compliance with §130j (i.e., Guard actions against unmanned aircraft) as a permissible basis for mobilization or duty, alongside other existing emergency response authorities.

  • Title 32, U.S.C., amendments (drills and exercises)

    • Section 502(f)(2) adds a new subparagraph (C) to recognize that drills and field exercises may include, or be conducted to support, actions pursuant to §130j (National Guard counter-UAS actions).

Who is affected

  • National Guard personnel
    • Authorized to respond to UAV threats and protect designated facilities/assets under the new §130j framework, subject to state requests and federal authorization.
  • State and local leaders
    • State governors or chief executives can request National Guard support for counter-UAS missions.
  • Federal agencies and components
    • Coordination and potential involvement by the Department of Defense, the Federal Aviation Administration (FAA), and other DHS components.
  • Facilities/assets
    • Facilities and assets designated as eligible for protection against unmanned aircraft threats under the program.

Timelines and procedural aspects

  • The act specifies a mechanism for requests by state chief executives to trigger Guard-action authorization under §130j, pending DoD involvement where appropriate.
  • It introduces cross-agency guidance considerations to ensure that any defense-related implementation of counter-UAS measures accounts for state-initiated requests and potential federal coordination.
  • The bill’s provisions would apply to missions described in subsection (l)(3)(C)(iii) of §210G (the Homeland Security Act) and would require the Secretary of Defense to participate if such state-initiated actions are involved.

Potential impacts and considerations

  • Operational impact
    • Establishes a formal, federally supported pathway for National Guard counter-UAS operations at the state level, potentially increasing response speed and authority in drone-related security incidents.
  • Interagency coordination
    • Elevates coordination between DHS, DoD, FAA, and state authorities, which may affect the delineation of roles and responsibilities in counter-UAS responses.
  • Legal and statutory alignment
    • Harmonizes authorities across Homeland Security, DoD, and military reserve components to address evolving threats from unmanned aircraft.
  • Privacy and civil-liberties considerations
    • While not detailed in text, counter-UAS operations typically implicate surveillance and airspace management; implementation would need to consider applicable privacy and civil-liberties safeguards.

Note: This summary captures the bill’s stated provisions and intended effects as drafted in HR 8697. For implementation details, funding, and any final legislative changes, refer to the enacted language and accompanying committee reports.

Compiled from official sources — confirm details with the bill’s official record.

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