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2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 2210e Design basis threat rulemaking us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 23 DEVELOPMENT AND CONTROL OF ATOMIC ENERGY 2210e 42 U.S.C. § 2210e current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s2210e data/legal/raw/us/code/title-42/usc42.xml b4927b93cab9c0393d8a5d0c38b4723e98f44b733339e5ee471309250196f0ce 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e fc291567aa640b27796e508f6cebb08513926fa5150749221f2aff0f8033b580 2026-07-04 official
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42 U.S.C. § 2210e - Design basis threat rulemaking

Text

(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.

(Aug. 1, 1946, ch. 724, title I, § 170E, as added Pub. L. 10958, title VI, § 651(a)(1), Aug. 8, 2005, 119 Stat. 799.)

Notes

Editorial Notes

References in TextThe date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 10958, which was approved August 8, 2005.