§ 2210e. Design basis threat rulemaking

• (a) 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) 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.