COUNTER Act
The COUNTER Act would expand and formalize the U.S. government’s ability to deter and respond to threats from unmanned aircraft systems (drones). It amends the defense authorities in Title 10 to give the Secretary of Defense (and those delegated by him) broader power to take actions to mitigate UAS incursions, including authorizing actions by a unified combatant command or other DoD officials. The bill explicitly allows use of remote identification broadcasts and other means to counter drones, and it adds interagency cooperation provisions so other federal agencies can be supported in mitigating UAS threats. It also broadens protections for the related technology and procedures from disclosure, extends certain timelines and oversight, clarifies that some DoD/Coast Guard activities abroad are not constrained by several civil- and commerce-law provisions, and expands the set of DoD authorities to protect DoD facilities and to engage in emergency responses and related activities. In short, the bill aims to create a centralized, flexible, and shielded framework for countering unmanned aircraft threats both in the United States and abroad, with expanded delegation, interagency coordination, and longer timelines for implementation and oversight.
Key Points
- 1Expanded authority to counter unmanned aircraft incursions: The Secretary of Defense may authorize actions to mitigate UAS threats and can delegate this authority to unified combatant command leaders or other DoD officials as appropriate; actions may include technologies like remote identification and other countermeasures.
- 2Interagency coordination: The bill adds language to support other Federal agencies that have authority to mitigate UAS threats, facilitating interagency collaboration and shared response capabilities.
- 3Information disclosure exemption: Information about the technology, procedures, and guidelines used to carry out these authorities would be exempt from disclosure under FOIA and related state/local disclosure laws.
- 4Overseas applicability and law limits: The bill makes clear that certain sections of law may not be construed to apply to DoD or Coast Guard activities outside the United States related to mitigating UAS threats, potentially enabling overseas operations.
- 5Expanded timelines and oversight: Deadlines and provisions extended to 2030, with reporting and committee oversight adjustments (including new references to Homeland Security and Governmental Affairs in the relevant sections).
- 6Expanded emergency and protective authorities: Adds authorities related to protecting DoD buildings and property, and enabling emergency response and coordination with Federal, state, and local officials for threats involving weapons or hazardous materials, as well as other listed emergency activities.