42 USC § 2210e - Design basis threat rulemaking

---
identifier: "/us/usc/t42/s2210e"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 2210e - Design basis threat rulemaking"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "2210e"
section_name: "Design basis threat rulemaking"
chapter_number: 23
chapter_name: "DEVELOPMENT AND CONTROL OF ATOMIC ENERGY"
subchapter_number: "XIII"
subchapter_name: "GENERAL AUTHORITY OF COMMISSION"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 1, 1946, ch. 724, title I, § 170E, as added Pub. L. 109–58, title VI, § 651(a)(1), Aug. 8, 2005, 119 Stat. 799.)"
---


# § 2210e. Design basis threat rulemaking

**(a)** **Rulemaking** The Commission shall—

**(1)** not later than 90 days after the date of enactment of this section, initiate a rulemaking proceeding, including notice and opportunity for public comment, to be completed not later than 18 months after that date, to revise the design basis threats of the Commission; or

**(2)** not later than 18 months after the date of enactment of this section, complete any ongoing rulemaking to revise the design basis threats.

**(b)** **Factors** When conducting its rulemaking, the Commission shall consider the following, but not be limited to—

**(1)** the events of September 11, 2001;

**(2)** an assessment of physical, cyber, biochemical, and other terrorist threats;

**(3)** the potential for attack on facilities by multiple coordinated teams of a large number of individuals;

**(4)** the potential for assistance in an attack from several persons employed at the facility;

**(5)** the potential for suicide attacks;

**(6)** the potential for water-based and air-based threats;

**(7)** the potential use of explosive devices of considerable size and other modern weaponry;

**(8)** the potential for attacks by persons with a sophisticated knowledge of facility operations;

**(9)** the potential for fires, especially fires of long duration;

**(10)** the potential for attacks on spent fuel shipments by multiple coordinated teams of a large number of individuals;

**(11)** the adequacy of planning to protect the public health and safety at and around nuclear facilities, as appropriate, in the event of a terrorist attack against a nuclear facility; and

**(12)** the potential for theft and diversion of nuclear materials from such facilities.

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**Source Credit**: (Aug. 1, 1946, ch. 724, title I, § 170E, as added Pub. L. 109–58, title VI, § 651(a)(1), Aug. 8, 2005, 119 Stat. 799.)

## Editorial Notes

### References in Text

The date of enactment of this section, referred to in subsec. (a), is the date of enactment of , which was approved .