[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3463 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3463
To protect the United States and assets of the United States from
incursions.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2025
Mr. Pfluger (for himself and Ms. Houlahan) introduced the following
bill; which was 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
_______________________________________________________________________
A BILL
To protect the United States and assets of the United States from
incursions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Operations for
Unmanned-System Neutralization and Threat Elimination Response Act'' or
the ``COUNTER Act''.
SEC. 2. PROTECTION OF UNITED STATES ASSETS FROM INCURSIONS.
Section 130i of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Notwithstanding'' and inserting
``(1) Notwithstanding'';
(B) by striking ``any provision of title 18'' and
inserting ``sections 32, 1030, and 1367 and chapters
119 and 206 of title 18''; and
(C) by adding at the end the following new
paragraph:
``(2) The Secretary of Defense shall delegate the authority under
paragraph (1) to take actions described in subsection (b)(1) to the
commander of a unified combatant command, the Secretary concerned, or
such other official of the Department of Defense as the Secretary of
Defense considers appropriate.'';
(2) in subsection (b)(1)(B), by inserting before the period
at the end the follow: ``, including through the use of remote
identification broadcast or other means'';
(3) in subsection (e)(4)--
(A) in subparagraph (B), by striking ``; or'' and
inserting a semicolon;
(B) by redesignating subparagraph (C) as
subparagraph (D); and
(C) by inserting after subparagraph (B) the
following new subparagraph:
``(C) would support another Federal agency with
authority to mitigate the threat of unmanned aircraft
systems or unmanned aircraft in mitigating such
threats; or'';
(4) by redesignating subsections (g), (h), (i), and (j) as
subsections (h), (j), (k) and (l), respectively;
(5) by inserting after subsection (f) the following new
subsection:
``(g) Exemption From Disclosure.--Information pertaining to the
technology, procedures, and protocols used to carry out this section,
including any regulations or guidance issued to carry out this section,
shall be exempt from disclosure under section 552(b)(3) of title 5 and
any State or local law requiring the disclosure of information.'';
(6) in subsection (h)(1), as so redesignated, in the matter
preceding subparagraph (A), by striking ``March 1, 2018'' and
inserting ``January 1, 2026'';
(7) by inserting after subsection (h), as redesignated by
paragraph (4), the following new subsection:
``(i) Applicability of Other Laws to Activities Related to the
Mitigation of Threats From Unmanned Aircraft Systems or Unmanned
Aircraft.--Sections 32, 1030, and 1367 and chapters 119 and 206 of
title 18, and section 46502 of title 49, may not be construed to apply
to activities of the Department of Defense or the Coast Guard, whether
under this section or any other provision of law, that--
``(1) are conducted outside the United States; and
``(2) are related to the mitigation of threats from
unmanned aircraft systems or unmanned aircraft.'';
(8) in subsection (k), as so redesignated--
(A) in paragraph (1)--
(i) by striking ``subsection (j)(3)(C)''
and inserting ``subsection (l)(3)(C)''; and
(ii) by striking ``December 31, 2026'' and
inserting ``December 31, 2030''; and
(B) in paragraph (2)--
(i) by striking ``180 days'' and inserting
``one year''; and
(ii) by striking ``November 15, 2026'' and
inserting ``November 15, 2030''; and
(9) in subsection (l), as so redesignated--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting ``the
Committee on Homeland Security and Governmental
Affairs,'' after ``the Committee on the
Judiciary,''; and
(ii) in subparagraph (C), by inserting
``the Committee on Homeland Security,'' after
``the Committee on the Judiciary,'';
(B) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively;
(C) by inserting after paragraph (2) the following
new paragraph (3):
``(3) The term `unified combatant command' has the meaning
given that term in section 161 of this title.''; and
(D) in paragraph (4), as redesignated by
subparagraph (B)--
(i) in clause (viii), by striking ``; or''
and inserting a semicolon;
(ii) in clause (ix), by striking the period
at the end and inserting a semicolon; and
(iii) by adding at the end the following
new clauses:
``(x) protection of the buildings, grounds,
and property to which the public are not
permitted regular, unrestricted access and that
are under the jurisdiction, custody, or control
of the Department of Defense and the persons on
that property pursuant to section 2672 of this
title;
``(xi) assistance to Federal, State, or
local officials in responding to incidents
involving nuclear, radiological, biological, or
chemical weapons, high-yield explosives, or
related materials or technologies, including
pursuant to section 282 of this title or the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et
seq);
``(xii) activities listed in section
2692(b) of this title; or
``(xiii) emergency response that is limited
to a specified timeframe and location.''.
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