COUNTER Act
- Bill Number
- S. 1793
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Armed Forces and National Security
- Status
- Introduced
- Latest Action
- 2025-05-15: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Last Updated
- 2025-12-05T22:01:40Z
AI-Generated Summary
Purpose of the Legislation
The "Comprehensive Operations for Unmanned-System Neutralization and Threat Elimination Response Act" (COUNTER Act) aims to strengthen protections for the United States and its assets against threats from unmanned aircraft systems (drones) by expanding the Department of Defense's (DoD) authority to detect, identify, and mitigate such incursions. It builds on existing law to address evolving drone-related risks, particularly in sensitive or restricted areas.
Key Provisions
- Authority for Countermeasures: Allows DoD personnel to take actions against drones that pose credible threats to protected U.S. assets, such as disabling or disrupting them, without violating specific federal criminal laws (e.g., those related to aircraft sabotage, computer fraud, or electronic surveillance).
- Delegation of Powers: The Secretary of Defense must delegate this authority to unified combatant commanders (regional military leaders), service secretaries, or other appropriate DoD officials.
- Expanded Tools and Support: Permits the use of remote identification technology (a system for tracking drones) or similar methods to counter threats. DoD can also assist other federal agencies in mitigating drone risks.
- Reporting Requirements: Requires DoD to submit annual reports to Congress on drone mitigation activities, with extended deadlines until 2030 and inclusion of additional congressional committees (e.g., Homeland Security and Governmental Affairs).
- Exemptions and Definitions:
- 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 counter drone threats are exempt from certain federal laws on destructive acts, hacking, or surveillance.
- Broadens the definition of "covered assets" to include DoD-controlled restricted properties, responses to weapons of mass destruction incidents, and time-limited emergency operations.
Significant Changes to Existing Law
This bill amends Section 130i of Title 10, U.S. Code (the part of federal law governing the armed forces), which previously authorized limited DoD responses to drone threats starting in 2018:
- Narrower Exceptions Expanded: Previously, actions were broadly exempt from Title 18 criminal provisions; now, exemptions are specified to only certain sections (e.g., excluding broader sabotage laws but adding drone-specific ones), while adding international exemptions.
- Delegation and Applicability: Introduces mandatory delegation to field commanders and clarifies that exemptions apply to overseas operations, which were not explicitly covered before.
- Secrecy and Reporting: Adds a new exemption from disclosure laws, not present in the original, and extends reporting timelines from 2026 to 2030, with more detailed committee involvement.
- Asset Coverage: Expands protected sites beyond prior categories (e.g., adding DoD properties under tort claims jurisdiction and disaster response under the Stafford Act).
Potential Impacts
- On Government Agencies: Enhances DoD and Coast Guard operational flexibility, especially abroad, allowing quicker responses to drone threats without legal hurdles. Other federal agencies (e.g., Homeland Security) gain support for their drone mitigation efforts, potentially improving coordination. Increased secrecy may limit public oversight of military tech.
- On Citizens: Minimal direct impact on everyday life, but could affect privacy or safety near restricted military sites if countermeasures (e.g., signal jamming) are used. U.S. persons abroad might indirectly benefit from stronger protections against foreign drone incursions.
- On International Relations: Strengthens U.S. military posture against drone threats from adversaries (e.g., in combat zones), potentially deterring incursions but raising concerns about actions in international airspace. Exemptions for overseas operations could strain relations if perceived as overly aggressive.
Main Stakeholders Affected
- Department of Defense and Coast Guard: Primary beneficiaries, gaining broader authority, tools, and exemptions to counter drones.
- Congressional Committees: Expanded reporting to groups like Armed Services, Homeland Security, and Judiciary, increasing legislative oversight.
- Other Federal Agencies: Agencies like the Department of Homeland Security or Justice Department, which can receive DoD assistance in drone threat mitigation.
- Military Personnel and Protected Sites: Commanders and staff at U.S. bases, vessels, or restricted areas (domestic and abroad) who implement these measures.
- Drone Operators and Industry: Commercial or foreign drone users may face heightened risks of U.S. countermeasures near protected assets.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces DoD's role in domestic security without needing new warrants for certain actions, but ties exemptions to specific threats to avoid overreach. The FOIA exemption protects sensitive info but could limit accountability, potentially challenging transparency norms.
- Constitutional: Balances national security with civil liberties by limiting actions to "credible threats" and protected assets; however, broad overseas exemptions might raise Fourth Amendment questions (unreasonable searches/seizures) if applied extraterritorially to non-U.S. persons.
- Political: Bipartisan support (over 30 senators as cosponsors) signals consensus on drone threats amid rising global incidents (e.g., from non-state actors). Extends authorities amid debates on military tech privacy, potentially influencing future defense budgets or international drone treaties.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (38)
Sen. Gillibrand, Kirsten E. [D-NY], Sen. Banks, Jim [R-IN], Sen. Blackburn, Marsha [R-TN], Sen. Blumenthal, Richard [D-CT], Sen. Boozman, John [R-AR], Sen. Britt, Katie Boyd [R-AL], Sen. Budd, Ted [R-NC], Sen. Capito, Shelley Moore [R-WV], Sen. Collins, Susan M. [R-ME], Sen. Cornyn, John [R-TX], Sen. Ernst, Joni [R-IA], Sen. Hirono, Mazie K. [D-HI], Sen. Hoeven, John [R-ND], Sen. Justice, James C. [R-WV], Sen. Kelly, Mark [D-AZ], Sen. Lankford, James [R-OK], Sen. Lummis, Cynthia M. [R-WY], Sen. McConnell, Mitch [R-KY], Sen. Moran, Jerry [R-KS], Sen. Ricketts, Pete [R-NE], Sen. Rosen, Jacky [D-NV], Sen. Schmitt, Eric [R-MO], Sen. Scott, Rick [R-FL], Sen. Shaheen, Jeanne [D-NH], Sen. Sullivan, Dan [R-AK], Sen. Tillis, Thomas [R-NC], Sen. Young, Todd [R-IN], Sen. Mullin, Markwayne [R-OK], Sen. Cruz, Ted [R-TX], Sen. Kaine, Tim [D-VA], Sen. Johnson, Ron [R-WI], Sen. Slotkin, Elissa [D-MI], Sen. Gallego, Ruben [D-AZ], Sen. Husted, Jon [R-OH], Sen. Cortez Masto, Catherine [D-NV], Sen. Hickenlooper, John W. [D-CO], Sen. King, Angus S., Jr. [I-ME], Sen. Fischer, Deb [R-NE]
Recent Actions
- 2025-05-15: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- 2025-05-15: Introduced in Senate
Bill Versions
- Comprehensive Operations for Unmanned-System Neutralization and Threat Elimination Response Act — issued 2025-05-15 — PDF (7 pages)