Guard the Skies Act

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.

Title 10, United States Code, is amended by inserting after section 130i the following new section:

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.

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—.

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.