The ADVANCE Act becomes law

President Biden has signed S. 870 into law, the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act, which is bipartisan legislation that will provide a major boost to the future of nuclear energy in America.

SIGNED: Bipartisan ADVANCE Act to Boost Nuclear Energy Now Law

Newspaper articles are not yet out, so the following comes directly from the Senate Committee on Environment & Public Works Minority press release, issued jointly by Senate EPW leaders and House Commerce Committee leaders upon the signing of the legislation by President Biden. (For Nucleation Capital's reaction, please read "Biden Signs the ADVANCE Act," which is available on our blog.)

WASHINGTON, D.C. – Today, the president signed into law the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act, bipartisan legislation to provide a major boost to the future of nuclear energy in America.

U.S. Senator Shelley Moore Capito (R-W.Va.), Ranking Member of the Senate Environment and Public Works (EPW) Committee, EPW Chairman Tom Carper (D-Del.), U.S. Rep. Cathy McMorris Rodgers (R-Wash.-05), Chair of the House Energy and Commerce (E&C) Committee, and U.S. Rep. Frank Pallone, Jr. (D-N.J.-06), Ranking Member of the House Energy and Commerce Committee, released the below statements celebrating the enactment of the bipartisan bill (S.870), which passed the Senate by a vote of 88-2 and passed the House by a vote of 393-13.

“With the ADVANCE Act being signed into law, we secured a landmark win for the future of nuclear energy here in America,” EPW Ranking Member Capito said. “Getting substantive, bipartisan policy across the finish line isn’t always easy, but this is the result of years of work to build widespread consensus about the benefits of advanced nuclear reactors to our electric grid, economy, and environment. I’m thrilled the ADVANCE Act is now law to enable the deployment of new nuclear and help keep the United States as the world’s nuclear energy leader.”

“Today is a momentous day for our climate and America’s clean energy future,” EPW Chairman Carper said. “The urgency of the climate crisis demands a swift transition to cleaner energy sources, and fortunately the ADVANCE Act helps us to do just that. This bipartisan law will strengthen our energy and national security, lower greenhouse gas emissions and create thousands of new jobs, while ensuring the continued safety of this zero-emissions energy source. I’m thankful to each of my colleagues and their staffs who helped write, pass and deliver this bill to the President’s desk.”

“The Energy and Commerce Committee has a rich history of advancing major bipartisan solutions, and I’m extremely proud that our years of hard work to strengthen American nuclear energy have paid off with this significant legislation that will improve energy reliability and reduce costs for American families and businesses,” E&C Chair McMorris Rodgers said. “This is a major victory for the American people and will help cement U.S. energy leadership for decades to come. I want to thank everyone who has worked tirelessly to get this legislation signed into law, especially the Chair of our Energy Subcommittee and bill author Rep. Jeff Duncan.”

“Nuclear power plays an important role in producing carbon-free power for our electric grid, and now our nuclear industry will have the framework it needs to strengthen America’s energy leadership,” E&C Ranking Member Pallone said. “By ensuring we can deploy safer and more reliable nuclear power, the ADVANCE Act will help combat our dependence on dirty fossil fuels, strengthening our energy independence and securing our economic security. I’m grateful to have worked alongside my colleagues to get this across the finish line.”

The ADVANCE Act will:

Facilitate American Nuclear Energy Leadership by:
- Empowering the Nuclear Regulatory Commission (NRC) to lead in international forums to develop regulations for advanced nuclear reactors.
- Directing the Department of Energy (DOE) to improve its process for approving the export of American technology to international markets, while maintaining strong standards for nuclear non-proliferation.

Support Development and Deployment of New Nuclear Energy Technologies by:
- Reducing regulatory costs for companies seeking to license advanced nuclear reactor technologies.
- Creating a prize to incentivize the successful deployment of next-generation reactor technologies.
- Requiring the NRC to develop a pathway to enable the timely licensing of microreactors and nuclear facilities at brownfield and retired fossil-fuel energy generation sites.
- Directing the NRC to establish an accelerated licensing review process to site and construct reactors at existing nuclear sites.

Preserve Existing Nuclear Energy by:
- Modernizing outdated rules that restrict international investment.

Strengthen America’s Nuclear Energy Fuel Cycle and Supply Chain Infrastructure by:
- Directing the NRC to enhance its ability to qualify and license accident-tolerant fuels and advanced nuclear fuels that can increase safety and economic competitiveness for existing reactors and the next generation of advanced reactors.
- Tasking the NRC to evaluate advanced manufacturing techniques to build nuclear reactors better, faster, cheaper, and smarter.

Improve Commission Resources and Efficiency by:
- Providing flexibility for the NRC to better manage and invest its resources in activities that support NRC’s modernization efforts and address staffing issues.
- Providing the NRC Chair the tools to hire and retain exceptionally well-qualified individuals to successfully and safely review and process applications for advanced nuclear reactor licenses.
- Requiring the NRC to update its Mission Statement to reflect modern beneficial use of nuclear material and energy.
- Mandating the NRC to establish a licensing structure to support an efficient, timely, and predictable regulatory review.
- Charging the NRC to streamline the NEPA environmental review process.

Sources

You can find more detailed information about the rest of the act from these excellent sources.

SIGNED: Bipartisan ADVANCE Act to Boost Nuclear Energy Now Law, Senate Committee on Environment & Public Works, July 9, 2024.
Rodgers, Pallone, Carper, Capito Celebrate Signing of Bipartisan Nuclear Energy Bill, the ADVANCE Act, July 9, 2024.
The White House, Bill Signed S. 870, July 9, 2024.
The ADVANCE Act—Legislation Crucial for a U.S. Nuclear Renaissance—Clears Congress. Here's a Detailed Breakdown by Sonal Patel, Power Magazine June 20, 2024
Congress Passes ADVANCE Act to Facilitate U.S. Development of Advanced Nuclear Reactors Sidley Austin LLP, June 26, 2024

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February 28, 2024

The Atomic Energy Advancement Act Clears the House

The Atomic Energy Advancement Act, which aims to accelerate the deployment of nuclear energy technologies, such as advanced nuclear reactors, was passed by the otherwise highly polarized House of Representatives by the overwhelmingly bipartisan vote of 365 to 36. The bill directs the Nuclear Regulatory Commission (NRC) "To advance the benefits of nuclear energy by enabling efficient, timely, and predictable licensing, regulation, and deployment of nuclear energy technologies."

In particular, the Atomic Energy Advancement Act (HR 6544) gives the Nuclear Regulatory Commission one year to update the mission statement of the Commission to specifically ensure that the licensing and regulation of nuclear energy activities be conducted in a manner that "does not unnecessarily limit: (A) the potential of nuclear energy to improve the general welfare; and (B) the benefits of nuclear energy technology to society. This is a welcomed shift, as previously, the NRC acted as though their only mandate was "zero accidents." When that translates to zero licensed reactors, that makes us all far less safe because the alternative is the use of deadly fossil fuels. The NRC must now balance these clear priorities!

Representative Jeff Duncan of South Carolina applauded the passage of the HR 6544 saying: “The Atomic Energy Advancement Act restores American leadership in nuclear energy and technology which is critical to our economic and national security. I’m proud to lead the most significant update to nuclear energy policy in the United States in over a generation.”

Rep. Diana DeGette, a Democrat from Colorado, who co-led the bill with Rep. Jeff Duncan (R-S.C.), released the following statement celebrating its passage: “Tackling the climate crisis means we must modernize our approach to all clean energy sources, including nuclear. From enhancing our energy supply chain to recruiting a highly trained and skilled workforce, this bill makes critical updates to improve safety and ensure our nuclear regulations are up-to-date, pushing us closer to a carbon-free energy future.”

“Nuclear energy is not a silver bullet, but if we’re going to get to net zero carbon emissions by 2050, it must be part of the mix,” DeGette continued. “As this bill heads to the Senate, I look forward to continuing to work with my colleagues in the House and Senate to find bipartisan solutions to address our clean energy needs.”

This House bill must now be reconciled with the Senate’s ADVANCE Act (S.1111), which passed in 2023 and was very similar. Once they are reconciled and passed again, the bill can be signed by President Biden.

The Hill, "House approves bipartisan bill aimed at bolstering nuclear energy," by Rachel Frazin, February 28, 2024.
Also see Congress.gov: The Atomic Energy Advancement Act (H.R. 6544).

Rep. Diana DeGette, "DeGette celebrates passage of her bill to improve nuclear energy safety and modernize regulation," Feb. 28, 2024.

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July 28, 2023

ADVANCE Act Clears Senate

The ADVANCE Act, included in the 2024 National Defense Authorization Act (NDAA) by the Senate, was passed by the Senate in an 86-11 bipartisan vote. The NDAA now must be reconciled with the version narrowly passed by the House on July 14th, which contains several controversial GOP amendments. Previously, the ADVANCE Act was approved by a bipartisan 16-3 vote of the Environment and Public Works Committee in May.

Senators Shelley Moore Capito (R., W.Va.), Tom Carper (D., Del.), and Sheldon Whitehouse (D., R.I.) were the bipartisan group of sponsors who introduced the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act back in April of this year. Its purpose is to support the preservation, development, and deployment of nuclear energy technologies in the United States.

The legislation was widely welcomed by experts, including the respected Clean Air Task Force, as an effort to strengthen the U.S. nuclear energy sector by creating a supportive policy environment where nuclear energy can expedite the clean energy transition and promote global energy security.

Included in the bill are much needed measures that enhance processes at the Nuclear Regulatory Commission, especially the review and approvals of next-gen nuclear reactors, improve the prospects for coal to nuclear projects, and streamline civil nuclear exports, all which will help manage climate change and provide reliable, 24/7, carbon-free energy.

In the words of Shelley Moore Capito, the passage of the ADVANCE Act brings us "one step closer to reestablishing America's preeminence as the global leader in nuclear energy in the 21st century. Not only does our legislation strengthen our national and energy security, it expands a clean, reliable power source that should remain a major part of our future energy mix. The ADVANCE Act achieves these shared goals by making the nuclear licensing process more affordable, predictable, and efficient; creating pathways to repurpose former industrial sites for nuclear reactors in the future; and providing the Nuclear Regulatory Commission the resources needed to help fulfill its mission."

“The complexity of achieving economy-wide decarbonization requires a diverse set of solutions, and nuclear energy has an important role to play,” said Evan Chapman, U.S. Federal Policy Director at Clean Air Task Force. “The bipartisan ADVANCE Act would build on action taken through the Infrastructure Investment and Jobs Act and the Inflation Reduction Act to preserve and expand the United States’ nuclear energy capacity. Doing so would help meet growing energy demand while moving the U.S. closer to achieving its climate goals. It’s an exciting step forward and we stand ready to work with Congress to make this legislation as strong as possible.”

See Nuclear Newswire's "Senate okays defense bill with measure boosting U.S. nuclear sector, to learn more about the ADVANCE Act. Also see the Clean Air Task Force's news about the introduction of the ADVANCE Act from April 5, 2023.