[Congressional Record Volume 170, Number 120 (Wednesday, July 24, 2024)]
[Senate]
[Pages S5350-S5351]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3051. Mr. COTTON submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle F of title III, add the following:

     SEC. 358. PROTECTION OF UNITED STATES ASSETS FROM INCURSIONS.

       (a) Short Title.--This section may be cited as the 
     ``Comprehensive Operations for Unmanned-System Neutralization 
     and Threat Elimination Response Act'' or the ``COUNTER Act''.
       (b) Modification of Requirements for Protection of Certain 
     Facilities and Assets From Unmanned Aircraft.--
       (1) In general.--Section 130i of title 10, United States 
     Code, is amended--
       (A) in the section heading, by striking ``aircraft'' and 
     inserting ``systems'';
       (B) by striking ``or unmanned aircraft'' each place it 
     appears and inserting ``, unmanned aircraft, or unmanned 
     system'';
       (C) in subsection (a)--
       (i) by striking ``Notwithstanding'' and inserting ``(1) 
     Notwithstanding''; and
       (ii) 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 combatant command for those 
     covered facilities or assets that are under the protection of 
     that combatant command.'';
       (D) in subsection (b)--
       (i) in paragraph (1)(B), by inserting before the period at 
     the end the follow: ``, including through the use of remote 
     identification broadcast''; and
       (ii) in paragraph (2), by striking ``coordination'' and 
     inserting ``consultation'';
       (E) in subsection (d)--
       (i) in paragraph (2)(B), by striking ``coordinate'' and 
     inserting ``consult''; and
       (ii) by adding at the end the following new paragraph:
       ``(3) If the Secretary of Defense and the Secretary of 
     Transportation, pursuant to regulations prescribed or 
     guidance issued under paragraph (1), have approved a system 
     to protect a covered facility or asset, approval of all like 
     systems and all additional systems of the same kind shall be 
     encompassed by that approval.'';
       (F) in subsection (e)--
       (i) by striking ``unmanned aircraft system'' each place it 
     appears and inserting ``unmanned aircraft system, unmanned 
     aircraft, or unmanned system''; and
       (ii) in paragraph (4)--

       (I) in subparagraph (B), by striking ``; or'' and inserting 
     a semicolon;
       (II) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (III) 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, unmanned 
     aircraft, or unmanned systems in mitigating such threats; 
     or'';
       (G) by redesignating subsections (g) through (j) as 
     subsections (h) through (k), respectively;
       (H) 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.''; and
       (I) in subsection (j), as redesignated by subparagraph 
     (G)--
       (i) in paragraph (1)--

       (I) by striking ``subsection (j)(3)(C)'' and inserting 
     ``subsection (k)(3)(C)''; and
       (II) by striking ``December 31, 2026'' and inserting 
     ``December 31, 2030''; and

       (ii) 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

       (J) in subsection (k), as so redesignated--
       (i) by redesignating paragraphs (3) through (6) as 
     paragraphs (4) through (7), respectively;
       (ii) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) The term `combatant command' has the meaning given 
     that term in section 161 of this title.'';
       (iii) in paragraph (4), as redesignated by clause (i)--

       (I) in clause (viii), by striking ``; or'' and inserting a 
     semicolon;
       (II) in clause (ix)--

       (aa) by striking ``sections'' and inserting ``section''; 
     and
       (bb) 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 an installation of the Air National 
     Guard;
       ``(xi) 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;
       ``(xii) 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);
       ``(xiii) transportation, storage, treatment, and disposal 
     of explosives by the Department pursuant to section 2692(b) 
     of this title; or
       ``(xiv) emergency response that is limited to a specified 
     timeframe and location.''; and
       (iv) by adding at the end the following new paragraph:
       ``(8) The term `unmanned system' means an unmanned air, 
     ground, or surface vehicle and its associated elements, 
     including communication links and the components required to 
     control, program, or direct navigation or function.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 3 of such title is amended by striking 
     the item relating to section 130i and inserting the following 
     new item:

``130i. Protection of certain facilities and assets from unmanned 
              systems.''.
       (c) Protection of United States Airspace, Maritime Domain, 
     and Territory From Incursions by Foreign Powers.--
       (1) In general.--Chapter 3 of title 10, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 130j. Protection of United States airspace, maritime 
       domain, and territory from incursions by foreign powers

       ``(a) Support Authorized to Federal Departments or 
     Agencies.--Notwithstanding any provision of title 18 (except 
     for section 1385 of such title) or the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), the 
     Secretary of Defense may provide the support described in 
     subsection (b) to any element of the Department of Defense, 
     or to any other department or agency of the Federal 
     Government at the request of the head of such department or 
     agency--
       ``(1) to prevent or respond to an incursion reasonably 
     believed to be by a foreign power or agent of a foreign power 
     in the territory, including the territorial waters, of the 
     United States or the airspace above such territory; or
       ``(2) to respond to any exigent threat to public safety 
     declared by the President in a declaration of national 
     emergency issued pursuant to the National Emergencies Act (50 
     U.S.C. 1601 et seq.), if the Secretary reasonably believes 
     that the threat to public safety is directed by a foreign 
     power or an agent of a foreign power.
       ``(b) Support Described.--The support described in this 
     subsection is the collection,

[[Page S5351]]

     processing, analysis, production, and dissemination of 
     signals intelligence information, including through the use 
     of electronic surveillance.
       ``(c) Prohibition on Targeting United States Persons.--The 
     Secretary may not provide support under this section that 
     intentionally targets a United States person to acquire 
     information.
       ``(d) Congressional Notification.--The Secretary shall 
     promptly report to the congressional defense committees and 
     the congressional intelligence committees any support 
     provided under this section.
       ``(e) Reimbursable Support.--The head of a department or 
     agency of the Federal Government to which support is provided 
     under this section shall reimburse the Department of Defense 
     for such support pursuant to section 1535 of title 31.
       ``(f) Classification Review.--(1) Upon completion of 
     support authorized under this section, the Secretary of 
     Defense, in consultation with the head of a department or 
     agency of the Federal Government to which such support was 
     provided, shall conduct a declassification review of the 
     report required by subsection (d) and make publicly available 
     such report or a summary of such report to the greatest 
     extent practicable and consistent with the protection of 
     national security.
       ``(2) The Secretary of Defense shall complete the 
     declassification review required by paragraph (1) of a report 
     required by subsection (d) as soon as practicable following 
     the completion of the support that is the subject such report 
     and not later than 180 days after the date on which such 
     declassification review begins.
       ``(g) Applicability of Other Laws to Activities Related to 
     the Mitigation of Threats From Unmanned Aircraft Systems or 
     Unmanned Aircraft.--Sections 32, 1030, and 1367 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.
       ``(h) Definitions.--In this section:
       ``(1) The terms `agent of a foreign power', `electronic 
     surveillance', `foreign power', and `United States person' 
     have the meanings given those terms in section 101 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801).
       ``(2) The term `congressional intelligence committees' has 
     the meaning given such term in section 3 of the National 
     Security Act of 1947 (50 U.S.C. 3003).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section relating to section 130i the 
     following new item:

``130j. Protection of United States airspace, maritime domain, and 
              territory from incursions by foreign powers.''.
                                 ______