Sec. 205. Fusion energy regulation
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Section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ) is amended— in subsection e.— in paragraph (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: The ; and by inserting after subsection cc. the following: The term fusion machine means a machine that is capable of— transforming atomic nuclei, through fusion processes, into different elements, isotopes, or other particles; and directly capturing and using the resultant products, including particles, heat, or other electromagnetic radiation. . 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 ; and in paragraph (5)(B)(ii), by inserting (including fusion machine license applications) after commercial advanced nuclear reactor license applications .
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— in paragraph (1), in the matter preceding subparagraph (A), by striking or fusion reactor and inserting reactor or fusion machine ; by redesignating paragraphs
(11)through
(21)as paragraphs
(12)through (22), respectively; and by inserting after paragraph
(10)the following: 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 ). . In this subsection: 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 ). 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 ). 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— 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.
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