PolicyBrief
S. 1762
119th CongressMay 14th 2025
NEDD Act of 2025
IN COMMITTEE

The NEDD Act of 2025 grants the Secretary of Energy specific exemptions and expanded authority to procure, operate, and protect against foreign-sourced unmanned aircraft systems near sensitive nuclear assets.

Gary Peters
D

Gary Peters

Senator

MI

LEGISLATION

NEDD Act Grants DOE Authority to Use Banned Foreign Drones Near Nuclear Sites for Defense

The Nuclear Ecosystem Drone Defense Act of 2025, or NEDD Act, is all about giving the Department of Energy (DOE) specific, powerful exceptions to existing rules aimed at protecting the nation’s most sensitive nuclear assets. Simply put, this bill says that when it comes to national security, the DOE Secretary can now bypass federal bans on buying and operating drones made by certain foreign entities that are otherwise considered too risky for government use.

The Security Trade-Off: Buying Banned Tech

Existing federal law generally prohibits agencies from using federal funds to acquire or operate drones made by specific foreign companies deemed a national security risk. The NEDD Act changes this by treating the Secretary of Energy the same way the Secretary of State is treated—meaning the DOE can now procure, operate, and use these otherwise banned “covered unmanned aircraft systems” (drones) when the Secretary decides they are necessary for national security (SEC. 2). Think of it like this: the government is saying, “We know this tech comes with risks, but our nuclear defense needs are so critical that we need the flexibility to use the best tool for the job, even if it comes from a flagged source.” This is a significant carve-out that prioritizes operational capability and security needs over strict adherence to supply chain bans.

Expanding the Nuclear Perimeter

Beyond the procurement exemptions, the bill also significantly expands the DOE’s authority to use countermeasures against drones around sensitive sites. Currently, the DOE has authority to protect nuclear facilities. The NEDD Act updates the Atomic Energy Defense Act to broaden this protection to cover any asset—whether owned by the government or contracted out—that is used for storing, moving, or using special nuclear material. Crucially, this also includes facilities involved in the research, design, manufacturing, or production of non-nuclear parts for nuclear weapons (SEC. 2).

This means the DOE’s drone defense umbrella now covers a much wider range of contractors and sites. If you work at a private facility that handles nuclear fuel or manufactures a component that goes into a nuclear weapon, your workplace is now officially under the DOE’s expanded security authority. For people living near these facilities, this likely means more stringent security measures and potentially more visible anti-drone activity.

Data and Oversight: Who’s Watching the Watchers?

The legislation also streamlines how the DOE handles sensitive information related to these exempted drones. It grants the Secretary of Energy direct authority to access classified tracking data related to these systems, replacing previous language that referred to a general “Secretary’s designee.” Furthermore, the DOE is being added to the list of agencies that can receive accounting exceptions related to these drone systems (SEC. 2). While this centralizes authority for accessing highly sensitive data, it also concentrates decision-making power at the top of the DOE regarding the use of potentially risky foreign technology. The core concern here is that an exemption intended to enhance security could, if not managed rigorously, inadvertently introduce the very supply chain vulnerabilities the original bans were designed to prevent.