Joe Biden Just Signed a Popular, Bipartisan Nuclear Power Bill. Advocates Say It’s a Sign of Things to Come

With Congress gridlocked and President Joe Biden’s political career hanging by a thread, Republicans and Democrats came together to pass legislation promoting the development of nuclear power, providing a rare example of bipartisan unity and government action on an issue that lawmakers and policy wonks across the political spectrum agree on — but for different reasons.

The Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act, a measure contained in the Fire Grants and Safety Act, passed the Senate overwhelmingly last month, a reflection of shifting attitudes towards nuclear power and the regulatory burdens limiting its development.

President Biden signed the legislation on Tuesday with very little fanfare as the public conversation in Washington continues to be dominated by the president’s mental infirmity and his viability as a 2024 candidate. 

“Although the bill does not, in fact, completely solve America’s nuclear-energy challenges, it is groundbreaking that it received such significant bipartisan support. Given the lack of substantial reforms to nuclear-energy policy over the last few decades, the passage of ADVANCE is itself historic and indicates that the tides are turning in favor of this critical energy source,” said Christopher Barnard, president of the American Conservation Coalition, a pro–free market environmental group.

“We should absolutely celebrate the bill’s passage as a real step in the right direction for a nuclear future, while recognizing that it’s not the complete overhaul needed to truly kickstart a nuclear renaissance in America,” Barnard added.

The ADVANCE Act passed the senate 88–2 after sailing through the House 393–13 earlier this year. It is designed to lower regulatory barriers by reducing Nuclear Regulatory Commission (NRC) costs and facilitating American nuclear-energy exports to international markets.

That a deeply divided Congress was able to come together to pass the legislation amid a flurry of partisan investigations speaks to the popularity of nuclear-energy investment: 55 percent of Americans said they were supportive of nuclear energy in an April Gallup poll, a 4-point uptick from the year prior and the highest level of support reached since 2012. 

“It is important that the United States becomes the leading exporter of new nuclear reactors and associated services,” Grant Dever, a fellow at the pro–free market Foundation for Research on Equal Opportunity, told National Review.

“Exports of small modular reactors and increased exports of natural gas can significantly improve the quality of life for our allies abroad and help to advance our geopolitical interests.”

Senators Moore Capito (R., W.Va.) and Carper (D., Del.), and Representatives Cathy McMorris Rodgers (R., Wash.) and Pallone (D., N.J.) were among the ADVANCE Act’s champions. Bipartisan interest in streamlining American regulatory processes for energy projects stems from liberal concerns about climate change and conservative support for promoting economic growth. 

With these priorities in mind, Republicans and Democrats alike have sought remedies for outdated, burdensome permitting requirements. 

The ADVANCE Act requires the NRC to speed up its review process for building nuclear reactors on existing nuclear sites, award a cash prize for successfully building next-generation nuclear technology, and create a plan for faster nuclear construction on abandoned or under-utilized properties known as brownfield sites.

“The regulatory changes to make it easier to build on brownfield sites is important. Many of these sites can be an ideal location for small modular reactors because they have existing infrastructure and zoning that should reduce the cost and risk of the project,” Dever said. 

Additionally, the ADVANCE Act contains directives for the NRC to improve its regulatory-review process and streamline the environmental-review process under the National Environmental Policy Act. The NEPA review process can be a major obstacle for many American energy projects by hamstringing promising facilities with years of roadblocks and prohibitive costs.

“I think it’s a great moral victory for nuclear advocates, and a positive signal that Congress is aligned on the benefits of nuclear power,” said Thomas Hochman, a policy manager at the Foundation for American Innovation, a think tank that supports technological progress. 

Hochman sees the ADVANCE Act as an incremental but important first step for creating the regulatory conditions necessary for lasting nuclear-power development.

“Many of the provisions are reasonable, and could help contribute to faster licensing and marginally lower regulatory costs. However, the only way any of this could become transformational is if the NRC chooses to respond to the bill’s vague language around ‘developing and implementing strategies’ for timely licensing by radically updating its current licensing approach,” Hochman told NR.

Another component of the legislation is NRC modernization through an updated mission statement, improved hiring practices, and more efficient resource allocation. Shifting the NRC’s priorities and bringing in greater talent could improve the agency’s performance.

“We can hope that this shift in mission, coupled with the additional resources and the waiver of certain federal compensation and hiring regulations, will allow NRC to retain and recruit the talent it needs to create more efficient processes and deliver for the American people,” Dever said.

Moving forward, Senators Tim Scott (R., S.C.) and Coons (D., Del.) proposed a measure earlier this year to remove the NRC’s mandatory-hearing requirement for uncontested nuclear-license applications.

Like the ADVANCE Act, the bill shows how the bipartisan enthusiasm for nuclear power, and the old-school dealmaking it brings, has only just begun.