Sec. 205. FUSION ENERGY REGULATION
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## 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.
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