Title 42, The Public Health and WelfareRelease 119-110

§2210d Security Evaluations

Title 42 › CHAPTER 23 — DEVELOPMENT AND CONTROL OF ATOMIC ENERGY › SUBCHAPTER XIII — GENERAL AUTHORITY OF COMMISSION › § 2210d

Last updated Sep 22, 2026|Official source

Summary

The Commission must run security checks at certain licensed facilities at least once every 3 years to see if the facility’s private security force can defend against the facility’s design basis threat (the kinds of attacks it plans for). The checks must include force-on-force drills that try to copy the applicable threat as closely as possible. The Commission must reduce any conflicts of interest that could skew those drills and may pause an evaluation if doing it would weaken security during a heightened threat level. The Commission must make sure the facility owner fixes any serious performance problems that hurt defense. At least once each year the Commission must send a classified and an unclassified report to the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce describing the evaluations and any corrective actions taken in the prior year.

Full Legal Text

Title 42, §2210d

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Security response evaluations
Not less often than once every 3 years, the Commission shall conduct security evaluations at each licensed facility that is part of a class of licensed facilities, as the Commission considers to be appropriate, to assess the ability of a private security force of a licensed facility to defend against any applicable design basis threat.
(b)Force-on-force exercises
(1)The security evaluations shall include force-on-force exercises.
(2)The force-on-force exercises shall, to the maximum extent practicable, simulate security threats in accordance with any design basis threat applicable to a facility.
(3)In conducting a security evaluation, the Commission shall mitigate any potential conflict of interest that could influence the results of a force-on-force exercise, as the Commission determines to be necessary and appropriate.
(c)Action by licensees
The Commission shall ensure that an affected licensee corrects those material defects in performance that adversely affect the ability of a private security force at that facility to defend against any applicable design basis threat.
(d)Facilities under heightened threat levels
The Commission may suspend a security evaluation under this section if the Commission determines that the evaluation would compromise security at a nuclear facility under a heightened threat level.
(e)Report
Not less often than once each year, the Commission shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report, in classified form and unclassified form, that describes the results of each security response evaluation conducted and any relevant corrective action taken by a licensee during the previous year.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2210d

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110