S.Amdt. 3243

SA 3243. 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)(1)(B), by inserting before the period
at the end the follow: ``, including through the use of
remote identification broadcast'';
(E) 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'';
(F) by redesignating subsections (g) through (j) as
subsections (h) through (k), respectively;
(G) 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
(H) in subsection (j), as redesignated by subparagraph
(F)--
(i) in paragraph (1)--

(I) by striking ``subsection (j)(3)(C)'' and inserting
``subsection (k)(3)(C)''; and

[[Page S5945]]

(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

(I) 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
aircraft, unmanned aircraft system, or unmanned ground or
surface vehicle and any associated elements of such aircraft,
system, or vehicle, 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, 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.''.

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