National Guard gets power to shoot down drones—with minimal oversight
H.R. 8697 — Guard the Skies Act · Filed by Michael McCaul (R-TX) · 10 cosponsors · Introduced May 7, 2026 · Referred to committee
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What it does
This bill authorizes the National Guard to shoot down or otherwise neutralize unmanned aircraft (drones) threatening certain facilities and assets, at the request of a state governor and with Secretary of Defense approval. It amends federal law to exempt National Guard members from federal aviation and criminal statutes that would normally prohibit such actions, and allows the SecDef to order National Guard units to active duty for this mission without a declaration of war or national emergency.
Why we flagged it
The bill's core function is to authorize National Guard units to intercept and destroy unmanned aircraft on U.S. soil, with broad exemptions from federal law. Despite the title's patriotic framing, the operative mechanism is a significant expansion of domestic military power with minimal civilian oversight.
What the text implies
- The bill does not define which 'certain facilities and assets' qualify for protection, leaving the scope of National Guard authority to executive discretion (SecDef and state governors) with no statutory list or criteria.
- Exemptions from 18 U.S.C. §§ 32, 1030, 1367 and chapters 119 and 206 (aircraft sabotage, computer fraud, wiretapping, and surveillance statutes) may shield National Guard members from criminal liability for collateral damage, unauthorized surveillance, or misuse of force.
The full analysis lists 5 implications of this text.
Who stands to gain
defense contractors (drone detection/interception systems); National Guard equipment suppliers; aerospace and defense firms