The Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2024, or the ADVANCE Act of 2024, is a law passed by the 118th United States Congress. It aims to speed up the development of advanced nuclear reactor technology and ensure that current nuclear power plants in the United States continue to operate. Senator Shelley Moore Capito introduced the bill in the Senate in March 2023 as the ADVANCE Act of 2023. The Senate passed the bill in June 2024. A related bill, the Atomic Energy Advancement Act, which also lowers licensing fees for advanced nuclear technologies and opposes nuclear programs in China and Russia, was passed by the House of Representatives in February 2024. The ADVANCE Act was not passed alone; it was included in the Fire Grants and Safety Act, a renewed law signed into law on July 9, 2024. This act is seen as one of the most important federal clean energy laws since the Inflation Reduction Act.

Political climate

The bill received support from both political parties due to the popularity of nuclear energy. Democrats support nuclear energy as a way to reduce carbon emissions from electricity production, while Republicans value it for creating jobs and providing reliable electricity. Senator Tom Carper (D-DE), who leads the Senate Environment and Public Works Committee, said the bill was a "major victory for our climate and American energy security." Senator Shelley Moore Capito (R-WV), the committee’s top-ranking member, called nuclear energy important for the country. Both senators praised the bipartisan support for the bill, which passed the Senate with 88 votes in favor and 2 against. (The House version passed with 393 votes in favor and 13 against.)

High costs, complicated rules for approving projects, and challenges in building new nuclear reactors have slowed the growth of nuclear energy in the United States in recent years. Companies like TerraPower, which was waiting in July 2024 for permission to build its Natrium reactor in Wyoming, may benefit from changes to the approval process. Traditional nuclear reactors have faced difficulties, as seen with the Vogtle Electric Generating Plant units 3 and 4, which were the first new reactors to operate in decades. These units started working years later than planned and cost about $35 billion, far above the original budget of $14 billion.

People who focus on climate issues have mixed views about nuclear power, which does not directly release greenhouse gases. Some argue that small modular reactors (SMRs), which could reduce costs and space needs, are not yet ready for use. High costs and uncertain approval times have slowed nuclear development. However, nuclear fission can provide a steady energy supply to support renewable energy sources like solar and wind, which depend on weather conditions.

Groups concerned about preventing the spread of nuclear weapons, such as the Union of Concerned Scientists, warned that easing rules for advanced nuclear reactors, such as those using high-assay low-enriched uranium (HALEU), could increase risks. Small advanced reactors require this type of fuel. Edwin Lyman of the Union of Concerned Scientists said the ADVANCE Act could raise safety concerns for areas near nuclear facilities.

The act supports exporting U.S. nuclear technology and bans the use of nuclear fuel from Russia and China. This follows the Prohibiting Russian Uranium Imports Act passed in May 2024, which aims to reduce global reliance on Russian nuclear fuel supplies.

Legislative history

The ADVANCE Act was introduced in the Senate on March 30, 2023, by Senator Shelley Moore Capito (R-WV). Senator Capito was supported by a group of senators from both political parties, including 9 Democrats, 8 Republicans, and 2 Independents.

On May 8, 2024, the House of Representatives passed the Fire Grants and Safety Act. This bill included the rules from the ADVANCE Act and the Atomic Energy Advancement Act. The House voted to approve the bill with strong support, with a vote of 393 to 13. This type of vote, called “suspension of the rules,” is usually used for bills that most members agree on. To pass such a bill, at least two-thirds of the members must vote in favor.

After the House passed the bill, the Senate discussed the legislation. The Senate kept the main rules from the ADVANCE Act. On June 18, 2024, the Senate voted to approve the bill with a large majority of 88 to 2.

On July 9, 2024, President Joe Biden signed the ADVANCE Act into law.

Provisions

The ADVANCE Act, as described on Congress.gov, aims to help the United States and its allies develop and use advanced nuclear fuels. It also limits the import of enriched uranium from Russia and China, helps clean up polluted land, and sets rules for related activities. The law includes the following:

• Encouraging the development and use of nuclear technology through prizes for successful projects and lower fees for licensing.
• Extending until 2045 the rules that limit the financial responsibility of nuclear companies, as outlined in the Price-Anderson Act.
• Requiring the Nuclear Regulatory Commission (NRC) to create faster ways to license nuclear reactors at former industrial or commercial sites (brownfield sites) and improve its ability to license advanced nuclear fuels, including hiring more staff if needed.
• Requiring the NRC to work with other countries on nuclear-related activities.
• Allowing certain foreign organizations to receive licenses under the Atomic Energy Act of 1954.
• Giving the Environmental Protection Agency (EPA) the ability to help clean up dangerous, abandoned mines on tribal lands.

The law changes the NRC’s mission statement to say it should not unnecessarily limit nuclear power, a change that has caused some disagreement.

The ADVANCE Act seeks to reduce costs for licensing advanced nuclear reactor technologies, speed up licensing at specific locations, and offer a prize for the first deployment of next-generation nuclear reactors.

It aims to make the overall permitting process easier by lowering fees and reducing delays. The law also requires the NRC to find ways to make environmental reviews for reactors faster.

The act plans to speed up licensing at certain sites, such as adding more reactors to existing nuclear power plants and licensing small modular reactors (SMRs) at former fossil fuel power sites and other brownfield sites, including TerraPower’s Natrium demonstration plant at PacifiCorp’s Naughton coal-fired power station.

For next-generation nuclear reactors, the law asks the NRC to lower licensing fees and improve its ability to license advanced and accident-tolerant nuclear fuels, with funding to hire necessary staff.

The act sets up a prize equal to the cost of NRC licensing fees, which will be given to the Tennessee Valley Authority or a non-federal organization when the first advanced reactor permit is issued.

It allows the NRC to issue licenses to organizations from the Organisation for Economic Co-operation and Development (OECD) and India, which the Atomic Energy Act previously prevented.

The law also asks the Department of Energy (DOE) to make its nuclear export approval process faster and create incentives to help export nuclear technology. It gives the Department of Commerce and the DOE the authority to help form partnerships between the government and private companies to support the export of nuclear power technology.