I 

118TH CONGRESS 

1ST SESSION H. R. 5244 

To amend the Atomic Energy Act of 1954 to include fusion energy machines, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 18, 2023 

Mrs. TRAHAN (for herself, Mr. BEYER, Mr. FLEISCHMANN, and Mr. 

OBERNOLTE) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Atomic Energy Act of 1954 to include fusion 

energy 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 SEC. 2. FUSION ENERGY MACHINES. 

6 (a) USE OF BYPRODUCT MATERIAL FRAMEWORK.— 

7 Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 

8 2014) is amended— 

9 (1) in subsection e.— 


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1 (A) in paragraph (3)(B)(ii), by striking 

2 ‘‘research activity; and’’ and inserting ‘‘research 

3 activity;’’; 

4 (B) in paragraph (4)(B), by striking the 

5 period at the end and inserting ‘‘; and’’; and 

6 (C) by adding at the end the following 

7 paragraph: 

8 ‘‘(5) any material that is made radioactive di9 rectly or indirectly by use of a fusion energy ma10 chine.’’; and 

11 (2) by adding at the end the following: 

12 ‘‘kk. FUSION ENERGY MACHINE.—The term ‘fusion 

13 energy machine’ means a particle accelerator that is capa14 ble of— 

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

16 processes, into other elements; and 

17 ‘‘(2) directly capturing and using the resultant 

18 products, including particles, heat, and other electro19 magnetic radiation, for a commercial or industrial 

20 purpose.’’. 

21 (b) TECHNOLOGY-INCLUSIVE REGULATORY FRAME22 WORK.— 

23 (1) IN GENERAL.—Section 103(a) of the Nu24 clear Energy Innovation and Modernization Act (42 

25 U.S.C. 2133 note) is amended— 


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1 (A) in paragraph (4)— 

2 (i) by striking ‘‘a technology-inclu3 sive’’ and inserting the following: 

4 ‘‘(A) a technology-inclusive’’; 

5 (ii) by striking ‘‘license applications.’’ 

6 and inserting ‘‘license applications; and’’; 

7 and 

8 (iii) by adding at the end the fol9 lowing: 

10 ‘‘(B) a technology-inclusive, regulatory 

11 framework for optional use by fusion energy 

12 machine applicants for new license applica13 tions.’’; and 

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

15 ‘‘and fusion energy machine license applica16 tions’’ after ‘‘commercial advanced nuclear re17 actor license applications’’. 

18 (2) DEFINITIONS.—Section 3 of the Nuclear 

19 Energy Innovation and Modernization Act (42 

20 U.S.C. 2215 note) is amended by adding at the end 

21 the following: 

22 ‘‘(16) FUSION ENERGY MACHINE.—The term 

23 ‘fusion energy machine’ has the meaning given such 

24 term in subsection kk. of section 11 of the Atomic 

25 Energy Act of 1954.’’. 


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1 (c) REPORT.—Not later than 1 year after the date 

2 of enactment of this Act, the Nuclear Regulatory Commis3 sion shall submit to Congress a report on— 

4 (1) the results of a study, conducted in con5 sultation with Agreement States (as defined in sec6 tion 3(3) of the Nuclear Energy Innovation and 

7 Modernization Act (42 U.S.C. 2215 note (3)) and 

8 the private fusion sector, on risk- and performance9 based, design-specific licensing frameworks for mass10 manufactured fusion energy machines (as defined in 

11 subsection kk. of section 11 of the Atomic Energy 

12 Act of 1954, as added by this section), that includes 

13 evaluation of the Federal Aviation Administration’s 

14 design, manufacturing, and operations certification 

15 process for aircraft as a potential model for mass16 manufactured fusion energy machine regulations; 

17 and 

18 (2) the estimated timeline for the Commission 

19 to issue consolidated guidance or regulations for li20 censing mass-manufactured fusion energy machines, 

21 taking into account the results of such study and the 

22 anticipated need for such guidance or regulations. 

Æ 


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