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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fusion Energy Act’’. 
SEC. 2. FUSION ENERGY MACHINES. 
(a) USE OF BYPRODUCT MATERIAL FRAMEWORK.— 
Section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 
2014) is amended— 
(1) in subsection e.— 
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(A) in paragraph (3)(B)(ii), by striking 
‘‘research activity; and’’ and inserting ‘‘research 
activity;’’; 
(B) in paragraph (4)(B), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following 
paragraph: 
‘‘(5) any material that is made radioactive di-
rectly or indirectly by use of a fusion energy ma-
chine.’’; and 
(2) by adding at the end the following: 
‘‘kk. FUSION ENERGY MACHINE.—The term ‘fusion 
energy machine’ means a particle accelerator that is capa-
ble of— 
‘‘(1) transforming atomic nuclei, through fusion 
processes, into other elements; and 
‘‘(2) directly capturing and using the resultant 
products, including particles, heat, and other electro-
magnetic radiation, for a commercial or industrial 
purpose.’’. 
(b) TECHNOLOGY-INCLUSIVE REGULATORY FRAME-
WORK.— 
(1) IN GENERAL.—Section 103(a) of the Nu-
clear Energy Innovation and Modernization Act (42 
U.S.C. 2133 note) is amended— 
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(A) in paragraph (4)— 
(i) by striking ‘‘a technology-inclu-
sive’’ and inserting the following: 
‘‘(A) a technology-inclusive’’; 
(ii) by striking ‘‘license applications.’’ 
and inserting ‘‘license applications; and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(B) a technology-inclusive, regulatory 
framework for optional use by fusion energy 
machine applicants for new license applica-
tions.’’; and 
(B) in paragraph (5)(B)(ii), by inserting 
‘‘and fusion energy machine license applica-
tions’’ after ‘‘commercial advanced nuclear re-
actor license applications’’. 
(2) DEFINITIONS.—Section 3 of the Nuclear 
Energy Innovation and Modernization Act (42 
U.S.C. 2215 note) is amended by adding at the end 
the following: 
‘‘(16) FUSION
ENERGY
MACHINE.—The term 
‘fusion energy machine’ has the meaning given such 
term in subsection kk. of section 11 of the Atomic 
Energy Act of 1954.’’. 
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(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Nuclear Regulatory Commis-
sion shall submit to Congress a report on— 
(1) the results of a study, conducted in con-
sultation with Agreement States (as defined in sec-
tion 3(3) of the Nuclear Energy Innovation and 
Modernization Act (42 U.S.C. 2215 note (3)) and 
the private fusion sector, on risk- and performance- 
based, design-specific licensing frameworks for mass- 
manufactured fusion energy machines (as defined in 
subsection kk. of section 11 of the Atomic Energy 
Act of 1954, as added by this section), that includes 
evaluation of the Federal Aviation Administration’s 
design, manufacturing, and operations certification 
process for aircraft as a potential model for mass- 
manufactured fusion energy machine regulations; 
and 
(2) the estimated timeline for the Commission 
to issue consolidated guidance or regulations for li-
censing mass-manufactured fusion energy machines, 
taking into account the results of such study and the 
anticipated need for such guidance or regulations. 
Æ 
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