Section 1 Short title
This Act may be cited as the “Fusion Energy Act of 2024”.
Fusion Energy Act of 2024
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.
Sec. 2 Clarification on fusion regulation
Definitions of fusion machine and byproduct material— Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014) is amended—
in subsection e. (3)(B)—
in clause (i), by inserting “, including by use of a fusion machine” after “particle accelerator”; and
in clause (ii), by inserting “if made radioactive by use of a particle accelerator that is not a fusion machine,” before “is produced”;
in each of subsections ee. through hh., by inserting a subsection heading, the text of which comprises the term defined in the subsection;
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;
in subsection dd., by striking “dd. The” and inserting the following:
“ee. High-Level radioactive waste; spent nuclear fuel—The”
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.”
Technology-Inclusive regulatory framework—
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—
in paragraph (4)—
by striking “inclusive,” and inserting “inclusive”;
by inserting “(other than new nuclear fusion reactor license applications)” before the period at the end;
by striking “Not later” and inserting the following:
“(A) Advanced nuclear reactors other than fusion reactors—Not later”
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.”
in paragraph (5)(B)(ii), by inserting “and fusion machine license applications” after “commercial advanced nuclear reactor license applications”.
Definition— Section 3 of the Nuclear Energy Innovation and Modernization Act (42 U.S.C. 2215 note; Public Law 115–439) is amended—
by redesignating paragraphs (8) through (15) as paragraphs (9) through (16), respectively; and
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).”
Report—
Definitions— In this subsection:
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).
Commission— The term Commission means the Nuclear Regulatory Commission.
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).
Requirement— Not later than 1 year after the date of enactment of this Act, the Commission shall submit to Congress a report on—
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
the estimated timeline for the Commission to issue consolidated guidance or regulations for licensing mass-manufactured fusion machines, taking into account—
the results of that study; and
the anticipated need for such guidance or regulations.