; (ii) energy; or (iii) a combination of nonenergy services and energy; and (B) not more than 50 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale of energy. ; (2) in the second sentence, by striking The Commission and inserting the following: (2) Regulation The Commission ; and (3) by striking c. The Commission and inserting the following: c. Research and development activities.— (1) In general Subject to paragraphs (2) and (3), the Commission . (e) Fusion machines (1) Definition Section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 ) is amended by adding at the end the following: kk. Fusion machine The term fusion machine means a particle accelerator that is capable of— (1) transforming atomic nuclei, through fusion processes, into other elements, isotopes, or particles; and (2) directly capturing and using the resultant products, including particles, heat, and other electromagnetic radiation. . (2) Technology-inclusive regulatory framework (A) In general Section 103(a) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 note) is further amended— (i) in paragraph (4), by adding at the end the following: (C) Fusion machine applicants Not later than December 31, 2027, the Commission shall complete a rulemaking to establish a technology-inclusive, regulatory framework for optional use by fusion machine applicants for new license applications.