COUNTER Act of 2025
- Bill Number
- H.R. 4458
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- International Affairs
- Status
- Introduced
- Latest Action
- 2025-07-16: Referred to the Committee on Foreign Affairs, and in addition to the Committee on Intelligence (Permanent Select), 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
- 2025-12-05T22:06:44Z
AI-Generated Summary
Purpose
The legislation, titled the "Combating PRC Overseas and Unlawful Networked Threats through Enhanced Resilience Act of 2025" (or "COUNTER Act of 2025"), aims to address the growing global military basing efforts of the People's Republic of China (PRC). It requires U.S. government leaders to create and implement a coordinated strategy to counter these efforts, which could threaten U.S. and allied military operations, freedom of movement, and national interests. The focus is on proactive measures rather than reactive ones, emphasizing interagency cooperation and alliances.
Key Provisions
- Findings Section: Outlines evidence from U.S. intelligence reports (e.g., the "China Military Power Report") showing the PRC's expansion of overseas bases and logistics to project military power. Examples include the PRC's base in Djibouti (opened 2017), access to Cambodia's Ream Naval Base (inaugurated 2025), and thwarted attempts in the Philippines (2019). It highlights risks like surveillance or disruption of U.S. operations.
- Sense of Congress: Expresses that U.S. responses should be urgent, involve whole-of-government coordination, prioritize proactive actions, consider PRC's use of commercial/scientific ties as covers for military access, leverage allies with regional influence, ensure adequate funding for structures and aid, and protect U.S. and allied interests.
- Definitions:
- "Appropriate congressional committees" includes key Senate and House panels on foreign affairs, armed services, intelligence, and appropriations.
- "PLA" refers to the People's Liberation Army of the PRC.
- "PRC global basing" means PRC-established sites abroad for military, intelligence, or security forces to enable power projection (e.g., projecting military strength over long distances).
- Intelligence Assessment: Within 180 days of enactment, the Director of National Intelligence must submit a classified (if needed) assessment to Congress analyzing risks from current or potential PRC basing locations to U.S. and allied power projection, movement, and interests.
- Required Strategy: Within 180 days, the Secretary of State (in coordination with the Secretary of Defense and other officials) must submit a strategy to Congress that:
- Identifies at least 5 high-risk locations where the PRC has or seeks a presence that could become a base (based on the assessment).
- Lists involved U.S. executive branch entities, their resource needs, and constraints.
- Details efforts to mitigate impacts at those locations and prevent new bases, including resource use.
- For each location, specifies effective U.S. or allied actions to influence host governments to end PRC basing plans.
- Interagency Task Force: Within 90 days after the strategy submission, the Secretaries of State and Defense must establish a task force to implement the strategy at high-risk locations and develop measures to block new bases elsewhere.
- Quadrennial Reviews: Every 4 years starting 4 years after the initial strategy, the Secretaries (with the Director of National Intelligence and others) must review the approach and submit updated reports with similar details to Congress.
Significant Changes to Existing Law
This bill introduces new mandates not previously specified in U.S. law. It requires formal intelligence assessments, a comprehensive strategy, a dedicated task force, and periodic reviews specifically targeting PRC global basing—shifting from ad-hoc, case-by-case executive actions to a structured, congressionally overseen framework. No existing laws are directly amended, but it builds on broader authorities for national security and foreign policy.
Potential Impacts
- Government Agencies: Increases workload and coordination demands on the Departments of State and Defense, Office of the Director of National Intelligence, and other agencies; requires resource assessments and potentially new funding for task force operations and assistance programs.
- Citizens: Indirect effects through enhanced national security measures that aim to protect U.S. military interests abroad, potentially reducing risks to American personnel and operations without direct domestic impacts.
- International Relations: Strengthens U.S. alliances by incorporating partner input and actions; could strain relations with the PRC and host countries (e.g., Cambodia, Djibouti) through diplomatic pressure or incentives to deny basing access; promotes U.S. influence in strategic regions like the Indo-Pacific and Africa.
Main Stakeholders Affected
- U.S. Government: Executive branch agencies (State, Defense, Intelligence Community) for implementation; congressional committees for oversight and funding.
- Allies and Partners: Countries with U.S. ties (e.g., Japan, Philippines, those in Europe or the Indo-Pacific) that may contribute intelligence, diplomatic efforts, or host U.S. forces; historic influencers in targeted regions.
- PRC and Host Nations: The PRC's military (PLA) and government face U.S. countermeasures; nations like Cambodia or Djibouti may face U.S. incentives or pressures regarding basing deals.
- Private Sector: Indirectly, investors or companies involved in port/infrastructure deals (e.g., Subic Bay case) could be influenced by U.S. efforts to block PRC access.
Notable Legal, Constitutional, or Political Implications
- Legal: Mandates classified assessments and strategies, balancing secrecy with congressional transparency; defines "PRC global basing" to guide enforcement without creating new crimes or penalties.
- Constitutional: Reinforces Congress's role in overseeing executive foreign policy and military strategy (Article I powers on war and appropriations), promoting checks and balances in U.S.-PRC competition.
- Political: Elevates PRC basing as a priority in U.S. strategic rivalry, signaling bipartisan concern (introduced by Reps. Krishnamoorthi and LaHood); could influence elections or budgets by framing China as a threat, while encouraging allied burden-sharing without new treaties.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Krishnamoorthi, Raja [D-IL-8]
Cosponsors (3)
Rep. LaHood, Darin [R-IL-16], Rep. Cline, Ben [R-VA-6], Rep. Nunn, Zachary [R-IA-3]
Recent Actions
- 2025-07-16: Referred to the Committee on Foreign Affairs, and in addition to the Committee on Intelligence (Permanent Select), 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.
- 2025-07-16: Referred to the Committee on Foreign Affairs, and in addition to the Committee on Intelligence (Permanent Select), 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.
- 2025-07-16: Introduced in House
- 2025-07-16: Introduced in House
Bill Versions
- Combating PRC Overseas and Unlawful Networked Threats through Enhanced Resilience Act of 2025 — issued 2025-07-16 — PDF (9 pages)