42 U.S.C. § 2210a — Conflicts of interest relating to contracts and other arrangements
submitted 80 years ago by Pub. L. 95-601 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 416 words · no verdicts yet
(a) Disclosure requirements. By rule, the Commission must require anyone proposing to enter a contract, agreement, or other arrangement under this chapter or another law it administers, whether by competition or negotiation, for research, development, evaluation, or technical or management support services to give the Commission, before entering it, all relevant information the Commission determines bears on whether the person may have a conflict of interest involving (1) the ability to give impartial, technically sound, or objective help or advice in light of other activities or relationships, or (2) receiving an unfair competitive advantage
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—
being able to render impartial, technically sound, or objective assistance or advice in light of other activities or relationships with other persons, or
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.
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—
it is unlikely that a conflict of interest would exist, or
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.
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—
the conflict of interest cannot be mitigated; and
adequate justification exists to proceed without mitigation of the conflict of interest.
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.
Source credit: (Aug. 1, 1946, ch. 724, title I, § 170A, as added Pub. L. 95–601, § 8(a), Nov. 6, 1978, 92 Stat. 2950; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. L. 109–58, title VI, § 639, Aug. 8, 2005, 119 Stat. 794.)
- 1946Enacted · Pub. L. 95-601 · 92 Stat. 2950
- 1992Amended · Pub. L. 102-486 · 106 Stat. 2944
- 2005Amended · Pub. L. 109-58 · 119 Stat. 794
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-601 on 1946-08-01.
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