---
kind: "section"
citation: "42 U.S.C. § 2210e"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2210e"
heading: "Design basis threat rulemaking"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2210e"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division A — Atomic Energy"
  - "Subchapter XIII — General Authority of Commission"
---

# §2210e. Design basis threat rulemaking

- (a) **Rulemaking—** The [Commission](/usc/42/2014.md?p=f) 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](/usc/42/2014.md?p=i) basis threats of the [Commission](/usc/42/2014.md?p=f); or
  - (2) not later than 18 months after the date of enactment of this section, complete any ongoing rulemaking to revise the [design](/usc/42/2014.md?p=i) basis threats.
- (b) **Factors—** When conducting its rulemaking, the [Commission](/usc/42/2014.md?p=f) 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](/usc/42/2014.md?p=s) 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](/usc/42/2014.md?p=s) 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.

## 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.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 109–58, which was approved August 8, 2005.