H.R.3463 - Comprehensive Operations for Unmanned-System Neutralization and Threat Elimination Response Act; COUNTER Act (119th Congress)
Summary
H.R.3463, the COUNTER Act, aims to protect the United States and its assets from incursions by unmanned systems (drones). It amends Section 130i of Title 10, United States Code, expanding the authority of the Department of Defense (DoD) to counter drone threats. The bill delegates authority to unified combatant commands and other DoD officials, and broadens the scope of permissible actions, including remote identification of drones.
Expected Effects
The bill will likely result in increased authority and resources for the DoD to detect, track, and neutralize potentially hostile drones. This includes expanding the types of assets that can be protected and broadening the range of permissible countermeasures. It also exempts information related to drone countermeasures from public disclosure, potentially limiting transparency.
Potential Benefits
- Enhanced protection of critical infrastructure and national security assets from drone threats.
- Increased flexibility for the DoD to respond to evolving drone technologies and tactics.
- Improved coordination among federal agencies in mitigating drone threats.
- Clarification of the legal framework for drone countermeasures, reducing potential legal challenges.
- Extension of reporting requirements to ensure congressional oversight.
Potential Disadvantages
- Potential for mission creep and overreach by the DoD in domestic airspace.
- Reduced transparency regarding drone countermeasures, potentially hindering public accountability.
- Risk of unintended consequences from the use of countermeasures, such as collateral damage or interference with legitimate drone operations.
- Possible conflicts with other federal agencies with jurisdiction over airspace and drone regulation.
- Concerns about the impact on privacy and civil liberties from increased drone surveillance and countermeasures.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutional alignment is complex. Article I, Section 8 provides Congress the power to provide for the common defense. However, the expansion of DoD authority to potentially operate within the US raises concerns about federalism and the balance of power between the federal government and the states. The exemption from disclosure under Section 552(b)(3) of Title 5 (the Freedom of Information Act) could be challenged under the First Amendment's guarantee of freedom of the press and the public's right to know.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).