New COUNTER Act Gives DoD Broad Drone Defense Authority Overseas, Shields Tactics from Public View

The new Comprehensive Operations for Unmanned-System Neutralization and Threat Elimination Response Act—or the COUNTER Act—is all about updating how the Department of Defense (DoD) handles hostile drones, specifically when those drones show up outside the United States. In short, this bill delegates authority for counter-drone actions, clarifies the methods allowed, and significantly tightens the lid on the entire operation.

Who’s Running the Show Now?

One of the biggest changes in Section 2 is the delegation of power. The Secretary of Defense can now hand off the authority to neutralize drone threats to a commander of a unified combatant command, a Secretary of a military branch, or even "another appropriate DoD official." This is designed to speed up response time, giving the people on the ground the authority to act immediately against threats. For the military, this means less waiting for approvals from Washington when a drone is actively posing a threat to U.S. assets or personnel overseas. The bill also makes it clear that using remote identification broadcasts is a valid mitigation method—basically, using digital signals to mess with or identify the drone.

The Security Playbook Goes Under Lock and Key

Here’s the part that policy wonks and journalists are going to notice: Section 2 includes a massive exemption from public disclosure. Any information about the technology, procedures, or rules the DoD uses to fight these drone threats is now explicitly exempt from the Freedom of Information Act (FOIA) and any similar state or local disclosure laws. Think of it this way: If you wanted to know the exact methods or specific gear the military uses to take down a drone, the DoD can now legally tell you, “That’s classified,” without having to jump through the usual FOIA hoops. While the goal is to prevent adversaries from learning our defense tactics, it creates a serious accountability gap for the public and oversight bodies.

Legal Exemptions for Overseas Operations

Perhaps the most complex change involves legal exemptions. The COUNTER Act expands the list of laws that don’t apply to the DoD and the Coast Guard when they are taking action against drone threats outside the U.S. This includes specific sections of Title 18 (federal criminal code) and Title 49 (transportation). For example, laws covering the destruction of property or certain types of hacking won't apply to the military if they are neutralizing a drone threat overseas. This provides a clear legal shield for military personnel engaging in counter-drone activities that might, in a domestic context, violate federal laws. While this ensures legal clarity for troops in complex situations, it raises questions about accountability for actions taken abroad, particularly if those actions have unintended consequences.

Extending the Clock on Accountability

Finally, the bill quietly pushes back several key reporting and review deadlines related to these counter-drone activities. Deadlines originally set for 2026 are now extended to 2030. While this gives the DoD more time to implement complex systems, it also means that public and congressional review of how this new authority is being used—and how effective it is—will be delayed by four years. The bill also updates the definition of protected property to include buildings and grounds where the public isn't usually allowed, and clarifies the DoD’s ability to assist local officials during specific high-threat emergencies, like those involving weapons of mass destruction, ensuring they have the legal backing to step in during a crisis.