42 U.S.C. § 2210a: Conflicts of interest…

Summary

The Nuclear Regulatory Commission must make people who want NRC contracts for research, testing, evaluation, or technical and management support tell the NRC, before getting the contract, any information the NRC needs to decide if they might have a conflict of interest or an unfair competitive edge. The contractor must make sure any subcontractor (except a supply-only subcontractor) with a subcontract over $10,000 follows the same rules. The NRC will not sign a contract unless it finds no likely conflict or that any conflict is fixed by contract conditions. If a conflict can’t be avoided, the NRC may still go ahead if it decides it’s in the United States’ best interest and adds conditions. The NRC may also enter contracts with the Department of Energy or its facility operators even if a conflict can’t be fixed, if it has good reasons. The NRC must publish rules to carry out these requirements under the normal rulemaking law 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)Disclosure requirements

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)Evaluation

(1)In general

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)Nuclear Regulatory Commission

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)Promulgation and publication of rules

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