FUSION ENERGY REGULATION.

SEC. 205. FUSION ENERGY REGULATION. (a) Definition.—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)— (i) in clause (i), by inserting “, including by use of a fusion machine” after “particle accelerator”; and (ii) 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 the resultant products, including particles, heat, or other electromagnetic radiation.” . (b) Technical and Conforming Changes.— (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), by striking “inclusive,” and inserting “inclusive”; and (B) in paragraph (5)(B)(ii), by inserting “(including fusion 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; Public Law 115-439) (as amended by section 201(a)) is amended— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking “or fusion reactor” and inserting “reactor or fusion machine”; (B) by redesignating paragraphs (11) through (21) as paragraphs (12) through (22), respectively; and (C) by inserting after paragraph (10) the following: “(11) 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) 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 the appropriate committees of 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.