Sec. 170E. DESIGN BASIS THREAT RULEMAKING
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## SEC. 170E 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. **[**[42 U.S.C. 2210e](/us/usc/t42/s2210e)**]**
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Sec. 170E
DESIGN BASIS THREAT RULEMAKING
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