COUNTER Act
- Bill Number
- H.R. 3463
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Armed Forces and National Security
- Status
- Introduced
- Latest Action
- 2025-05-16: Referred to the Subcommittee on Aviation.
- Last Updated
- 2025-12-19T09:07:03Z
AI-Generated Summary
Purpose of the Legislation
The COUNTER Act (H.R. 3463) aims to strengthen the Department of Defense's (DoD) authority to detect, identify, and mitigate threats from unmanned aircraft systems (drones) and unmanned aircraft. It expands protections for U.S. assets, including military installations, personnel, and critical infrastructure, by updating existing laws to allow more flexible and coordinated responses to drone incursions.
Key Provisions
- Authority Expansion: Authorizes DoD personnel to take actions against drones that threaten protected assets, such as detecting, disrupting, or disabling them, without violating specific federal criminal laws (e.g., those related to aircraft destruction, computer fraud, or electronic surveillance).
- Delegation of Powers: The Secretary of Defense must delegate mitigation authority to unified combatant commanders (regional military leaders), service secretaries, or other appropriate DoD officials.
- Detection Methods: Permits the use of remote identification broadcasts (technology that signals a drone's location and identity) or similar tools to track threats.
- Interagency Support: Allows DoD to assist other federal agencies in countering drone threats.
- Exemptions and Protections:
- Information on counter-drone technologies, procedures, and protocols is exempt from public disclosure under the Freedom of Information Act (FOIA) and similar state/local laws.
- DoD and Coast Guard activities outside the U.S. to mitigate drone threats are exempt from certain federal laws on aircraft interference, hacking, and surveillance.
- Extended Timelines: Updates reporting deadlines and sunsets (expiration dates) for the program to December 31, 2030, and extends implementation periods.
- Expanded Scope: Broadens definitions of protected assets to include restricted DoD properties, responses to weapons of mass destruction incidents, disaster relief under the Stafford Act, and time-limited emergency responses.
Significant Changes to Existing Law
This bill amends Section 130i of Title 10, U.S. Code (the primary law on countering unmanned aircraft threats), by:
- Narrowing the list of exempted criminal statutes to specific ones (e.g., excluding broader Title 18 provisions) while adding explicit delegation requirements.
- Inserting new exemptions for international operations and interagency cooperation, which were not previously detailed.
- Redesignating subsections for clarity and adding a new exemption from disclosure, enhancing operational secrecy.
- Extending the law's duration from 2026 to 2030 and updating congressional oversight committees to include homeland security panels.
- Expanding the list of protectable activities and locations, such as adding support for nuclear/biological threats and emergency responses, which previously focused more narrowly on aviation and military sites.
Potential Impacts
- On Government Agencies: Enhances DoD and Coast Guard operational flexibility, particularly abroad, reducing legal risks in drone mitigation. It promotes better coordination with agencies like Homeland Security and the FAA, but increases reporting burdens to Congress. The disclosure exemption could limit transparency in counter-drone tactics.
- On Citizens: Improves security around military bases and critical sites, potentially reducing risks from rogue drones (e.g., smuggling or surveillance). However, it may indirectly affect civilian drone users near protected areas through stricter enforcement.
- On International Relations: By exempting overseas DoD actions from U.S. laws, it could facilitate counter-drone operations in foreign theaters (e.g., conflict zones), but risks diplomatic tensions if actions affect allied or neutral airspace without clear international agreements.
Main Stakeholders Affected
- Department of Defense and Coast Guard: Primary beneficiaries, gaining broader authority and tools for threat response.
- Other Federal Agencies: Including Homeland Security, Justice, and Transportation, which can receive DoD support but must align on drone policies.
- Congressional Committees: Armed Services, Judiciary, Transportation, Homeland Security, and others, with expanded oversight roles.
- Drone Operators and Industry: Civilian and commercial users may face heightened restrictions near protected sites; defense contractors could see opportunities in counter-drone tech development.
- U.S. Military Personnel and Assets: Direct protection from incursions, improving safety at bases and during operations.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens defenses against emerging threats like weaponized drones while carving out targeted exemptions from criminal and privacy laws (e.g., avoiding prosecutions for actions deemed necessary). The FOIA exemption raises concerns about accountability but aligns with national security precedents.
- Constitutional: Balances First Amendment transparency interests with Article I congressional authority over military powers; no direct challenges to due process or Fourth Amendment search rights, as actions target threats rather than individuals.
- Political: Bipartisan sponsorship (Republican and Democrat) signals consensus on drone security amid rising concerns over privacy invasions and border threats. Extending timelines suggests long-term commitment, but added secrecy provisions could spark debates on executive overreach in surveillance.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Pfluger, August [R-TX-11]
Cosponsors (40)
Rep. Houlahan, Chrissy [D-PA-6], Rep. Steube, W. Gregory [R-FL-17], Rep. Hill, J. French [R-AR-2], Rep. Van Orden, Derrick [R-WI-3], Rep. Timmons, William R. [R-SC-4], Rep. Subramanyam, Suhas [D-VA-10], Rep. Hamadeh, Abraham J. [R-AZ-8], Rep. Carey, Mike [R-OH-15], Rep. Ryan, Patrick [D-NY-18], Rep. Balderson, Troy [R-OH-12], Rep. Self, Keith [R-TX-3], Rep. Carter, John R. [R-TX-31], Rep. Wilson, Joe [R-SC-2], Rep. Wasserman Schultz, Debbie [D-FL-25], Rep. Veasey, Marc A. [D-TX-33], Rep. Min, Dave [D-CA-47], Rep. Messmer, Mark B. [R-IN-8], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Crenshaw, Dan [R-TX-2], Rep. Haridopolos, Mike [R-FL-8], Rep. Dunn, Neal P. [R-FL-2], Rep. Fine, Randy [R-FL-6], Rep. Stefanik, Elise M. [R-NY-21], Rep. Schmidt, Derek [R-KS-2], Rep. Van Drew, Jefferson [R-NJ-2], Rep. Fleischmann, Charles J. "Chuck" [R-TN-3], Rep. Biggs, Sheri [R-SC-3], Rep. Williams, Roger [R-TX-25], Rep. Bice, Stephanie I. [R-OK-5], Rep. Davis, Donald G. [D-NC-1], Rep. Miller, Max L. [R-OH-7], Rep. Bost, Mike [R-IL-12], Rep. Smith, Christopher H. [R-NJ-4], Rep. Gottheimer, Josh [D-NJ-5], Rep. Finstad, Brad [R-MN-1], Rep. Higgins, Clay [R-LA-3], Rep. Norcross, Donald [D-NJ-1], Rep. Vasquez, Gabe [D-NM-2], Rep. Hudson, Richard [R-NC-9], Rep. Tran, Derek [D-CA-45]
Recent Actions
- 2025-05-16: Referred to the Subcommittee on Aviation.
- 2025-05-15: 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.
- 2025-05-15: 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.
- 2025-05-15: 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.
- 2025-05-15: Introduced in House
- 2025-05-15: Introduced in House
Bill Versions
- Comprehensive Operations for Unmanned-System Neutralization and Threat Elimination Response Act — issued 2025-05-15 — PDF (7 pages)