[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4151 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4151

     To amend the Atomic Energy Act of 1954 and the Nuclear Energy 
   Innovation and Modernization Act to clarify existing requirements 
          relating to fusion machines, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 17, 2024

 Mr. Padilla (for himself, Mr. Cornyn, Mr. Booker, Mr. Young, and Mrs. 
    Murray) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
     To amend the Atomic Energy Act of 1954 and the Nuclear Energy 
   Innovation and Modernization Act to clarify existing requirements 
          relating to fusion 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 of 2024''.

SEC. 2. CLARIFICATION ON FUSION REGULATION.

    (a) Definitions of Fusion Machine and Byproduct Material.--Section 
11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is amended--
            (1) in subsection e. (3)(B)--
                    (A) in clause (i), by inserting ``, including by 
                use of a fusion machine'' after ``particle 
                accelerator''; and
                    (B) in clause (ii), by inserting ``if made 
                radioactive by use of a particle accelerator that is 
                not a fusion machine,'' before ``is produced'';
            (2) in each of subsections ee. through hh., by inserting a 
        subsection heading, the text of which comprises the term 
        defined in the subsection;
            (3) by redesignating subsections ee., ff., gg., hh., and 
        jj. as subsections jj., gg., hh., ii., and ff., respectively, 
        and moving the subsections so as to appear in alphabetical 
        order;
            (4) in subsection dd., by striking ``dd. The'' and 
        inserting the following:
    ``ee. High-Level Radioactive Waste; Spent Nuclear Fuel.--The''; and
            (5) by inserting after subsection cc. the following:
    ``dd. Fusion Machine.--The term `fusion machine' means a machine 
that is capable of--
            ``(1) transforming atomic nuclei, through fusion processes, 
        into different elements, isotopes, or other particles; and
            ``(2) directly capturing and using resultant products, 
        including particles, heat, or other electromagnetic 
        radiation.''.
    (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; Public 
        Law 115-439) is amended--
                    (A) in paragraph (4)--
                            (i) by striking ``inclusive,'' and 
                        inserting ``inclusive'';
                            (ii) by inserting ``(other than new nuclear 
                        fusion reactor license applications)'' before 
                        the period at the end;
                            (iii) by striking ``Not later'' and 
                        inserting the following:
                    ``(A) Advanced nuclear reactors other than fusion 
                reactors.--Not later''; and
                            (iv) by adding at the end the following:
                    ``(B) Fusion machines.--Not later than December 31, 
                2027, the Commission shall complete a rulemaking to 
                establish a technology-inclusive regulatory framework 
                for optional use by fusion machine applicants for new 
                fusion machine license applications.''; and
                    (B) in paragraph (5)(B)(ii), by inserting ``and 
                fusion machine license applications'' after 
                ``commercial advanced nuclear reactor license 
                applications''.
            (2) Definition.--Section 3 of the Nuclear Energy Innovation 
        and Modernization Act (42 U.S.C. 2215 note; Public Law 115-439) 
        is amended--
                    (A) by redesignating paragraphs (8) through (15) as 
                paragraphs (9) through (16), respectively; and
                    (B) by inserting after paragraph (7) the following:
            ``(8) Fusion machine.--The term `fusion machine' has the 
        meaning given the term in section 11 of the Atomic Energy Act 
        of 1954 (42 U.S.C. 2014).''.
    (c) Report.--
            (1) Definitions.--In this subsection:
                    (A) Agreement state.--The term ``Agreement State'' 
                has the meaning given the term in section 3 of the 
                Nuclear Energy Innovation and Modernization Act (42 
                U.S.C. 2215 note; Public Law 115-439).
                    (B) Commission.--The term ``Commission'' means the 
                Nuclear Regulatory Commission.
                    (C) Fusion machine.--The term ``fusion machine'' 
                has the meaning given the term in section 11 of the 
                Atomic Energy Act of 1954 (42 U.S.C. 2014).
            (2) Requirement.--Not later than 1 year after the date of 
        enactment of this Act, the Commission shall submit to Congress 
        a report on--
                    (A) the results of a study, conducted in 
                consultation with Agreement States and the private 
                fusion sector, on risk- and performance-based, design-
                specific licensing frameworks for mass-manufactured 
                fusion machines, including an evaluation of the design, 
                manufacturing, and operations certification process 
                used by the Federal Aviation Administration for 
                aircraft as a potential model for mass-manufactured 
                fusion machine regulations; and
                    (B) the estimated timeline for the Commission to 
                issue consolidated guidance or regulations for 
                licensing mass-manufactured fusion machines, taking 
                into account--
                            (i) the results of that study; and
                            (ii) the anticipated need for such guidance 
                        or regulations.
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