US Senate Passes ADVANCE Act, Including Legislation to Codify US Fusion Regulations

On June 18, in a bipartisan 88-2 vote, the Senate passed S.870, the Fire Grants and Safety Act, which included the Fusion Energy Act Act, legislation that codifies the permanent separation of fusion energy regulations from nuclear fission.

The Fusion Energy Act was introduced to the Senate by Senators Padilla, Cornyn, Booker, Young, and Murray on April 18. The legislation streamlines the implementation of commercial fusion by codifying the Nuclear Regulatory Commission’s (NRC) unanimous, bipartisan decision to regulate fusion energy systems under NRC’s byproduct materials process. It also requires the NRC to study and report to Congress within one year regarding licensing commercial fusion machines, including streamlining considerations.

Its companion bill – the Fusion Energy Act of 2023 – was passed earlier in the year in the House of Representatives as a part of the Atomic Energy Advancement Act. Representatives Lori Trahan and Jay Obernolte introduced the Fusion Energy Act of 2023 as an amendment during the committee consideration of the bill. The Act amends the Atomic Energy Act of 1954 to add a new definition of “fusion machines” as particle accelerators. That clarification confirms the NRC decision in US law.

This distinction will allow for a more streamlined deployment route for fusion energy, crucial to ensuring the United States’ position as a global leader in commercial fusion development.

The Fusion Industry Association and its 37 member companies, all working to commercialize fusion energy, strongly support legislative efforts around the world to permanently and completely separate fusion energy regulations from nuclear fission. When signed into law, the United States will be the second country to enact specific fusion regulations into law – following the United Kingdom’s enactment of fusion regulatory legislation in October 2023. The FIA applauds Congress on this important bipartisan, bicameral achievement.

The FIA thanks the sponsors in the House and Senate of the Fusion Energy Act, the members of the bipartisan, bicameral Fusion Energy Caucus, and Chairman Carper and Ranking Member Capito of the Senate Environment and Public Works Committee for all their work in bringing this legislation to final passage.

*UPDATE* – The legislation was signed into law on Tuesday, July 9.