[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5244 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5244

    To amend the Atomic Energy Act of 1954 to include fusion energy 
                   machines, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 18, 2023

     Mrs. Trahan (for herself, Mr. Beyer, Mr. Fleischmann, and Mr. 
  Obernolte) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To amend the Atomic Energy Act of 1954 to include fusion energy 
                   machines, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fusion Energy Act''.

SEC. 2. FUSION ENERGY MACHINES.

    (a) Use of Byproduct Material Framework.--Section 11 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014) is amended--
            (1) in subsection e.--
                    (A) in paragraph (3)(B)(ii), by striking ``research 
                activity; and'' and inserting ``research activity;'';
                    (B) in paragraph (4)(B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following paragraph:
            ``(5) any material that is made radioactive directly or 
        indirectly by use of a fusion energy machine.''; and
            (2) by adding at the end the following:
    ``kk. Fusion Energy Machine.--The term `fusion energy machine' 
means a particle accelerator that is capable of--
            ``(1) transforming atomic nuclei, through fusion processes, 
        into other elements; and
            ``(2) directly capturing and using the resultant products, 
        including particles, heat, and other electromagnetic radiation, 
        for a commercial or industrial purpose.''.
    (b) Technology-Inclusive Regulatory Framework.--
            (1) In general.--Section 103(a) of the Nuclear Energy 
        Innovation and Modernization Act (42 U.S.C. 2133 note) is 
        amended--
                    (A) in paragraph (4)--
                            (i) by striking ``a technology-inclusive'' 
                        and inserting the following:
                    ``(A) a technology-inclusive'';
                            (ii) by striking ``license applications.'' 
                        and inserting ``license applications; and''; 
                        and
                            (iii) by adding at the end the following:
                    ``(B) a technology-inclusive, regulatory framework 
                for optional use by fusion energy machine applicants 
                for new license applications.''; and
                    (B) in paragraph (5)(B)(ii), by inserting ``and 
                fusion energy machine license applications'' after 
                ``commercial advanced nuclear reactor license 
                applications''.
            (2) Definitions.--Section 3 of the Nuclear Energy 
        Innovation and Modernization Act (42 U.S.C. 2215 note) is 
        amended by adding at the end the following:
            ``(16) Fusion energy machine.--The term `fusion energy 
        machine' has the meaning given such term in subsection kk. of 
        section 11 of the Atomic Energy Act of 1954.''.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Nuclear Regulatory Commission shall submit to Congress a 
report on--
            (1) the results of a study, conducted in consultation with 
        Agreement States (as defined in section 3(3) of the Nuclear 
        Energy Innovation and Modernization Act (42 U.S.C. 2215 note 
        (3)) and the private fusion sector, on risk- and performance-
        based, design-specific licensing frameworks for mass-
        manufactured fusion energy machines (as defined in subsection 
        kk. of section 11 of the Atomic Energy Act of 1954, as added by 
        this section), that includes evaluation of the Federal Aviation 
        Administration's design, manufacturing, and operations 
        certification process for aircraft as a potential model for 
        mass-manufactured fusion energy machine regulations; and
            (2) the estimated timeline for the Commission to issue 
        consolidated guidance or regulations for licensing mass-
        manufactured fusion energy machines, taking into account the 
        results of such study and the anticipated need for such 
        guidance or regulations.
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