119-s1793

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1793 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1793

 To protect the United States and assets of the United States from 
 incursions.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 May 15, 2025

 Mr. Cotton (for himself, Mrs. Gillibrand, Mr. Banks, Mrs. Blackburn, 
 Mr. Blumenthal, Mr. Boozman, Mrs. Britt, Mr. Budd, Mrs. Capito, Ms. 
 Collins, Mr. Cornyn, Ms. Ernst, Ms. Hirono, Mr. Hoeven, Mr. Justice, 
 Mr. Kelly, Mr. Lankford, Ms. Lummis, Mr. McConnell, Mr. Moran, Mr. 
 Ricketts, Ms. Rosen, Mr. Schmitt, Mr. Scott of Florida, Mrs. Shaheen, 
 Mr. Sullivan, Mr. Tillis, Mr. Young, Mr. Mullin, Mr. Cruz, Mr. Kaine, 
Mr. Johnson, and Ms. Slotkin) introduced the following bill; which was 
 read twice and referred to the Committee on Homeland Security and 
 Governmental Affairs

_______________________________________________________________________

 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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