II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fusion Energy Act 

5 of 2024’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•S 4151 IS

1 SEC. 2. CLARIFICATION ON FUSION REGULATION. 

2 (a) DEFINITIONS OF FUSION MACHINE AND BY3 PRODUCT MATERIAL.—Section 11 of the Atomic Energy 

4 Act of 1954 (42 U.S.C. 2014) is amended— 

5 (1) in subsection e. (3)(B)— 

6 (A) in clause (i), by inserting ‘‘, including 

7 by use of a fusion machine’’ after ‘‘particle ac8 celerator’’; and 

9 (B) in clause (ii), by inserting ‘‘if made ra10 dioactive by use of a particle accelerator that is 

11 not a fusion machine,’’ before ‘‘is produced’’; 

12 (2) in each of subsections ee. through hh., by 

13 inserting a subsection heading, the text of which 

14 comprises the term defined in the subsection; 

15 (3) by redesignating subsections ee., ff., gg., 

16 hh., and jj. as subsections jj., gg., hh., ii., and ff., 

17 respectively, and moving the subsections so as to ap18 pear in alphabetical order; 

19 (4) in subsection dd., by striking ‘‘dd. The’’ and 

20 inserting the following: 

21 ‘‘ee. HIGH-LEVEL RADIOACTIVE WASTE; SPENT NU22 CLEAR FUEL.—The’’; and 

23 (5) by inserting after subsection cc. the fol24 lowing: 

25 ‘‘dd. FUSION MACHINE.—The term ‘fusion machine’ 

26 means a machine that is capable of— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•S 4151 IS

1 ‘‘(1) transforming atomic nuclei, through fusion 

2 processes, into different elements, isotopes, or other 

3 particles; and 

4 ‘‘(2) directly capturing and using resultant 

5 products, including particles, heat, or other electro6 magnetic radiation.’’. 

7 (b) TECHNOLOGY-INCLUSIVE REGULATORY FRAME8 WORK.— 

9 (1) IN GENERAL.—Section 103(a) of the Nu10 clear Energy Innovation and Modernization Act (42 

11 U.S.C. 2133 note; Public Law 115–439) is amend12 ed— 

13 (A) in paragraph (4)— 

14 (i) by striking ‘‘inclusive,’’ and insert15 ing ‘‘inclusive’’; 

16 (ii) by inserting ‘‘(other than new nu17 clear fusion reactor license applications)’’ 

18 before the period at the end; 

19 (iii) by striking ‘‘Not later’’ and in20 serting the following: 

21 ‘‘(A) ADVANCED NUCLEAR REACTORS

22 OTHER THAN FUSION REACTORS.—Not later’’; 

23 and 

24 (iv) by adding at the end the fol25 lowing: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•S 4151 IS

1 ‘‘(B) FUSION MACHINES.—Not later than 

2 December 31, 2027, the Commission shall com3 plete a rulemaking to establish a technology-in4 clusive regulatory framework for optional use 

5 by fusion machine applicants for new fusion 

6 machine license applications.’’; and 

7 (B) in paragraph (5)(B)(ii), by inserting 

8 ‘‘and fusion machine license applications’’ after 

9 ‘‘commercial advanced nuclear reactor license 

10 applications’’. 

11 (2) DEFINITION.—Section 3 of the Nuclear En12 ergy Innovation and Modernization Act (42 U.S.C. 

13 2215 note; Public Law 115–439) is amended— 

14 (A) by redesignating paragraphs (8) 

15 through (15) as paragraphs (9) through (16), 

16 respectively; and 

17 (B) by inserting after paragraph (7) the 

18 following: 

19 ‘‘(8) FUSION MACHINE.—The term ‘fusion ma20 chine’ has the meaning given the term in section 11 

21 of the Atomic Energy Act of 1954 (42 U.S.C. 

22 2014).’’. 

23 (c) REPORT.— 

24 (1) DEFINITIONS.—In this subsection: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•S 4151 IS

1 (A) AGREEMENT STATE.—The term 

2 ‘‘Agreement State’’ has the meaning given the 

3 term in section 3 of the Nuclear Energy Inno4 vation and Modernization Act (42 U.S.C. 2215 

5 note; Public Law 115–439). 

6 (B) COMMISSION.—The term ‘‘Commis7 sion’’ means the Nuclear Regulatory Commis8 sion. 

9 (C) FUSION MACHINE.—The term ‘‘fusion 

10 machine’’ has the meaning given the term in 

11 section 11 of the Atomic Energy Act of 1954 

12 (42 U.S.C. 2014). 

13 (2) REQUIREMENT.—Not later than 1 year 

14 after the date of enactment of this Act, the Commis15 sion shall submit to Congress a report on— 

16 (A) the results of a study, conducted in 

17 consultation with Agreement States and the pri18 vate fusion sector, on risk- and performance19 based, design-specific licensing frameworks for 

20 mass-manufactured fusion machines, including 

21 an evaluation of the design, manufacturing, and 

22 operations certification process used by the 

23 Federal Aviation Administration for aircraft as 

24 a potential model for mass-manufactured fusion 

25 machine regulations; and 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
6 

•S 4151 IS

1 (B) the estimated timeline for the Commis2 sion to issue consolidated guidance or regula3 tions for licensing mass-manufactured fusion 

4 machines, taking into account— 

5 (i) the results of that study; and 

6 (ii) the anticipated need for such 

7 guidance or regulations. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB