S. 4151 – Reading Mode

118th CONGRESS

2d Session

S. 4151

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.

Short title

This Act may be cited as the Fusion Energy Act of 2024.

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.