§2210a — Title 42 The Public Health and Welfare | U.S. Code

Summary

Require anyone seeking a contract, agreement, or other arrangement with the Nuclear Regulatory Commission for research, development, evaluation, or technical and management support to give the Commission, before the award, all relevant information the Commission asks for about possible conflicts of interest. The information should show whether the person can give fair, unbiased technical advice or might gain an unfair competitive edge. Contractors must make sure any subcontractor (other than a supply-only subcontractor) doing more than $10,000 follows these rules. The Commission cannot enter the contract unless it finds, after reviewing the information, that a conflict is unlikely or has been handled by conditions in the contract. If a conflict cannot be avoided, the Commission may still proceed only if it decides it is in the best interests of the United States and adds conditions to reduce the conflict. The Commission may also contract with the Department of Energy or a DOE facility operator despite an unfixable conflict if it determines the conflict cannot be mitigated and there is adequate justification. The Commission had to publish rules to carry out these requirements under section 553 of title 5 (except subsection (a)(2)) as soon as possible after November 6, 1978, and no later than 120 days after that date.

Title 42, §2210a

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

(a)The Commission shall, by rule, require any person proposing to enter into a contract, agreement, or other arrangement, whether by competitive bid or negotiation, under this chapter or any other law administered by it for the conduct of research, development, evaluation activities, or for technical and management support services, to provide the Commission, prior to entering into any such contract, agreement, or arrangement, with all relevant information, as determined by the Commission, bearing on whether that person has a possible conflict of interest with respect to—

(1)being able to render impartial, technically sound, or objective assistance or advice in light of other activities or relationships with other persons, or

(2)being given an unfair competitive advantage. Such person shall insure, in accordance with regulations prescribed by the Commission, compliance with this section by any subcontractor (other than a supply subcontractor) of such person in the case of any subcontract for more than $10,000.

(b)(1)Except as provided in paragraph (2), the Nuclear Regulatory Commission shall not enter into any such contract agreement or arrangement unless it finds, after evaluating all information provided under subsection (a) and any other information otherwise available to the Commission that—

(A)it is unlikely that a conflict of interest would exist, or

(B)such conflict has been avoided after appropriate conditions have been included in such contract, agreement, or arrangement; except that if the Commission determines that such conflict of interest exists and that such conflict of interest cannot be avoided by including appropriate conditions therein, the Commission may enter into such contract, agreement, or arrangement, if the Commission determines that it is in the best interests of the United States to do so and includes appropriate conditions in such contract, agreement, or arrangement to mitigate such conflict.

(2)Notwithstanding any conflict of interest, the Nuclear Regulatory Commission may enter into a contract, agreement, or arrangement with the Department of Energy or the operator of a Department of Energy facility, if the Nuclear Regulatory Commission determines that—

(A)the conflict of interest cannot be mitigated; and

(B)adequate justification exists to proceed without mitigation of the conflict of interest.

(c)The Commission shall publish rules for the implementation of this section, in accordance with section 553 of title 5 (without regard to subsection (a)(2) thereof) as soon as practicable after November 6, 1978, but in no event later than 120 days after such date.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 2011 of this title and Tables.

Amendments

2005—Subsec. (b). Pub. L. 109–58 inserted subsec. heading, designated existing provisions as par. (1), inserted par. heading, in introductory provisions substituted “Except as provided in paragraph (2), the Nuclear Regulatory Commission” for “The Commission”, redesignated former pars. (1) and (2) as subpars. (A) and (B) of par. (1), respectively, and added par. (2).

§2210a Conflicts of Interest Relating to Contracts and Other Arrangements