S.1793 - Comprehensive Operations for Unmanned-System Neutralization and Threat Elimination Response Act; COUNTER Act (119th Congress)
Summary
S.1793, the COUNTER Act, aims to protect the United States and its assets from incursions by unmanned aircraft systems (UAS). It amends Section 130i of Title 10, United States Code, expanding the authority of the Department of Defense (DoD) to counter UAS threats. The bill delegates authority to unified combatant commands and other DoD officials, allowing them to take actions against UAS, including through remote identification broadcast or other means.
Expected Effects
The bill will broaden the DoD's authority to neutralize UAS threats, both domestically and internationally. It also provides exemptions from disclosure for information related to UAS countermeasures and clarifies the applicability of certain laws to activities related to mitigating UAS threats conducted outside the United States. This could lead to more robust defense against potential threats posed by drones, but also raises concerns about privacy and potential overreach.
Potential Benefits
- Enhanced protection of critical infrastructure and national security assets from potential UAS threats.
- Increased flexibility for the DoD to respond to evolving UAS threats.
- Improved coordination among federal agencies in mitigating UAS threats.
- Clarification of legal authorities and responsibilities related to UAS countermeasures.
- Exemption from disclosure protects sensitive information regarding counter-UAS technologies.
Potential Disadvantages
- Potential for mission creep and expansion of DoD authority beyond its intended scope.
- Concerns about privacy and civil liberties due to the broad authority granted to the DoD to counter UAS threats.
- Lack of transparency regarding the technologies, procedures, and protocols used to counter UAS threats due to the exemption from disclosure.
- Possible conflicts with other federal agencies or state and local laws regarding UAS regulation.
- Risk of unintended consequences or collateral damage from the use of UAS countermeasures.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the Constitution is mixed. Article I, Section 8 grants Congress the power to provide for the common defense, which supports the bill's aim to protect national security. However, the expansion of DoD authority and the exemption from disclosure raise concerns about potential infringements on individual liberties and due process, potentially conflicting with the Fourth Amendment (protection against unreasonable searches and seizures) and the Fifth Amendment (due process).
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).