[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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