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COUNTER Act and Secure Our Skies: New Mexico Congressman Pushes New Drone Bills

3 min read

Summary

DRONELIFE profiles two drone-related bills championed by Rep. Gabe Vasquez (D-NM): the COUNTER Act, included in the 2026 NDAA, which expands the definition of a “covered facility” so base commanders at sites like white-sands-missile-range can defeat unidentified drones over any military base with a secure perimeter; and the proposed Secure Our Skies Drone Safety Act of 2025, which would task the GAO with auditing federal/state/local/tribal use of UAS and counter-UAS, foreign-vs-domestic drone procurement, and policy recommendations. The article ties the legislation to exponential rises in drone incursions at White Sands and to two February 2026 West Texas airspace incidents — a TFR near el-paso-international-airport (initially blamed on a “cartel drone”) and a fort-hancock incident in which DoD used a laser-based counter-uas system against what turned out to be a U.S. Customs and Border Protection drone. Vasquez attributes both to FAA/DoD/DHS miscommunication during unapproved counter-drone testing in protected airspace, and says Asst. Secretary of Defense joseph-humire promised but has not delivered a briefing. The piece situates COUNTER Act / Secure Our Skies alongside the prior Safer Skies Act (passed via the FY2025 NDAA) which extended limited C-UAS authority to state/local/tribal/territorial law enforcement.

Key Claims

  • The COUNTER Act, included in the 2026 NDAA, expands “covered facility” to all military bases with a secure perimeter, authorizing base commanders to “knock down” unidentified civilian drones in their airspace.
  • The bill originated from concerns Vasquez heard at white-sands-missile-range, where unidentified drone incursions have risen at “a fairly exponential rate.”
  • The proposed Secure Our Skies Drone Safety Act of 2025 would compel a GAO report on federal/state/local/tribal UAS and C-UAS use, recommend legal/policy changes, examine foreign-produced drones in police inventories, and quantify drones bought from “adversarial entities.”
  • Vasquez plans to attach Secure Our Skies to the bipartisan Surface Reauthorization Bill as must-pass legislation; it currently sits with the House Transportation and Infrastructure Committee.
  • The bills build on the Safer Skies Act (FY2025 NDAA), which gave limited C-UAS authority to state/local/tribal/territorial law enforcement.
  • Local NM law enforcement lacks “the resources or the authority to effectively counter criminal drones,” including those operated by international drug cartels.
  • In early February 2026 the faa imposed a sudden TFR near El Paso International Airport citing a purported cartel drone; later that month a TFR near Fort Hancock followed DoD use of a laser-based C-UAS against what was actually a CBP drone.
  • Vasquez attributes both incidents to DoD testing unapproved C-UAS in protected airspace and to “agency incompetence and miscommunication” between FAA and DHS.
  • Asst. Secretary of Defense joseph-humire promised a full briefing to Vasquez and Rep. veronica-escobar (TX); as of publication it had not occurred.

Notable Quotes

“Local law enforcement agencies don’t have the resources or the authority to effectively counter criminal drones entering their airspace.” — Rep. Gabe Vasquez

“We’ve seen that these drone incursions over protected airspace in military bases have increased in my district here in southern New Mexico at a fairly exponential rate.” — Rep. Gabe Vasquez

“This was due to agency incompetence and miscommunication between the FAA and the Department of Homeland Security.” — Rep. Gabe Vasquez

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