COUNTER Act
The COUNTER Act would widen and accelerate the U.S. government’s ability to protect United States assets from incursions by unmanned aircraft (drones). Specifically, it amends Section 130i of Title 10 to authorize the Department of Defense (DoD) to take actions to mitigate threats posed by unmanned aircraft systems (UAS), and it clarifies who may implement those actions (including unified combatant commanders or other DoD officials designated by the Secretary of Defense). The bill allows use of technologies and methods such as remote identification broadcasts to counter UAS and adds several new purposes for these authorities, including protection of DoD buildings and emergency response capabilities. It also provides an exemption from certain disclosure requirements for information about the technology and procedures used. In addition, the bill contemplates outside-U.S. actions related to UAS threat mitigation by DoD and the Coast Guard, and extends several reporting and oversight timelines to 2030. Overall, it aims to give the DoD broader, more streamlined power to detect, deter, and neutralize drone threats near U.S. assets and in overseas contexts, while shaping oversight and information-security protections.
Key Points
- 1Expanded authority to counter unmanned aircraft threats: The bill amends Section 130i to authorize actions described in DoD responses to UAS threats, including the use of remote identification and other countermeasures to mitigate or neutralize UAS threats.
- 2Delegation and oversight of authority: The Secretary of Defense must delegate this authority to the commander of a unified combatant command, the service secretary concerned, or another appropriate DoD official, enabling clearer lines of responsibility for implementing counter-UAS measures.
- 3Information security and disclosure exemptions: The bill creates an exemption from disclosure for information about the technology, procedures, and protocols used to carry out these authorities (shielding them from certain FOIA requests and state/local disclosure laws).
- 4Outside-the-U.S. applicability and safety carve-outs: It adds language making clear that certain laws may not apply to DoD or Coast Guard activities outside the United States related to mitigating UAS threats, thereby allowing overseas operations under this framework.
- 5Extended timelines and reporting requirements: Provisions that previously had deadlines tied to 2026 are extended to 2030, and related oversight/committee reporting timelines are updated (including changes to which committees have responsibilities).
- 6Expanded list of permissible actions (new items in the statute): The bill adds numerous specific activities under the authority, such as protecting DoD facilities with restricted access, assisting federal, state, or local officials during incidents involving Weapons of Mass Destruction or related materials, and other emergency-response activities that are time- and location-bound.