1. Short title This Act may be cited as the Fusion Energy Act . 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.— (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 directly or indirectly by use of a fusion energy machine. ; and (2) by adding at the end the following: kk. Fusion energy machine The term fusion energy machine means a particle accelerator that is capable 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 electromagnetic radiation, for a commercial or industrial purpose. . (b) Technology-Inclusive regulatory framework (1) In general Section 103(a) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note) is amended— (A) in paragraph (4)— (i) by striking a technology-inclusive 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 following: (B) a technology-inclusive, regulatory framework for optional use by fusion energy machine applicants for new license applications.