Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
72 lines
2.9 KiB
Markdown
72 lines
2.9 KiB
Markdown
---
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type: "LegalText"
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title: "42 U.S.C. § 2210e"
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description: "Design basis threat rulemaking"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 42
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title_name: "THE PUBLIC HEALTH AND WELFARE"
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chapter_number: "23"
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chapter_name: "DEVELOPMENT AND CONTROL OF ATOMIC ENERGY"
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section: "2210e"
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citation: "42 U.S.C. § 2210e"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip"
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source_identifier: "/us/usc/t42/s2210e"
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source_file: "data/legal/raw/us/code/title-42/usc42.xml"
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source_hash: "b4927b93cab9c0393d8a5d0c38b4723e98f44b733339e5ee471309250196f0ce"
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raw_snapshot_hash: "644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e"
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text_hash: "fc291567aa640b27796e508f6cebb08513926fa5150749221f2aff0f8033b580"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 42 U.S.C. § 2210e - Design basis threat rulemaking
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## Text
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(a) Rulemaking The Commission shall—
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(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
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(2) not later than 18 months after the date of enactment of this section, complete any ongoing rulemaking to revise the design basis threats.
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(b) Factors When conducting its rulemaking, the Commission shall consider the following, but not be limited to—
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(1) the events of September 11, 2001;
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(2) an assessment of physical, cyber, biochemical, and other terrorist threats;
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(3) the potential for attack on facilities by multiple coordinated teams of a large number of individuals;
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(4) the potential for assistance in an attack from several persons employed at the facility;
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(5) the potential for suicide attacks;
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(6) the potential for water-based and air-based threats;
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(7) the potential use of explosive devices of considerable size and other modern weaponry;
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(8) the potential for attacks by persons with a sophisticated knowledge of facility operations;
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(9) the potential for fires, especially fires of long duration;
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(10) the potential for attacks on spent fuel shipments by multiple coordinated teams of a large number of individuals;
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(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
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(12) the potential for theft and diversion of nuclear materials from such facilities.
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(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.)
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## Notes
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Editorial Notes
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References in TextThe 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.
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