42 U.S.C. § 2210a : US Code - Section 2210A: Conflicts of interest relating to contracts and other arrangements

Search 42 U.S.C. § 2210a : US Code - Section 2210A: Conflicts of interest relating to contracts and other arrangements

(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) of this section 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.