I 
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 Judici-
ary, 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Comprehensive Oper-
ations for Unmanned-System Neutralization and Threat 
Elimination Response Act’’ or the ‘‘COUNTER Act’’. 
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SEC. 2. PROTECTION OF UNITED STATES ASSETS FROM IN-
CURSIONS. 
Section 130i of title 10, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘Notwithstanding’’ and in-
serting ‘‘(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 au-
thority under paragraph (1) to take actions described in 
subsection (b)(1) to the commander of a unified combat-
ant command, the Secretary concerned, or such other offi-
cial of the Department of Defense as the Secretary of De-
fense 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; 
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(B) by redesignating subparagraph (C) as 
subparagraph (D); and 
(C) by inserting after subparagraph (B) 
the following new subparagraph: 
‘‘(C) would support another Federal agen-
cy with authority to mitigate the threat of un-
manned 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), respec-
tively; 
(5) by inserting after subsection (f) the fol-
lowing 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 ex-
empt from disclosure under section 552(b)(3) of title 5 
and any State or local law requiring the disclosure of in-
formation.’’; 
(6) in subsection (h)(1), as so redesignated, in 
the matter preceding subparagraph (A), by striking 
‘‘March 1, 2018’’ and inserting ‘‘January 1, 2026’’; 
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(7) by inserting after subsection (h), as redesig-
nated by paragraph (4), the following new sub-
section: 
‘‘(i) APPLICABILITY OF OTHER LAWS TO ACTIVITIES 
RELATED TO THE MITIGATION OF THREATS FROM UN-
MANNED
AIRCRAFT
SYSTEMS
OR
UNMANNED
AIR-
CRAFT.—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 air-
craft.’’; 
(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 insert-
ing ‘‘one year’’; and 
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