---
kind: "section"
citation: "42 U.S.C. § 2210a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2210a"
heading: "Conflicts of interest relating to contracts and other arrangements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/2210a"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division A — Atomic Energy"
  - "Subchapter XIII — General Authority of Commission"
---

# §2210a. Conflicts of interest relating to contracts and other arrangements

- (a) **Disclosure requirements—** The [Commission](/usc/42/2014.md?p=f) shall, by rule, require any [person](/usc/42/2014.md?p=s) 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](/usc/42/2014.md?p=f), prior to entering into any such contract, agreement, or arrangement, with all relevant information, as determined by the [Commission](/usc/42/2014.md?p=f), bearing on whether that [person](/usc/42/2014.md?p=s) 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](/usc/42/2014.md?p=s), or
  - (2) being given an unfair competitive advantage. Such [person](/usc/42/2014.md?p=s) shall insure, in accordance with regulations prescribed by the [Commission](/usc/42/2014.md?p=f), compliance with this section by any subcontractor (other than a supply subcontractor) of such [person](/usc/42/2014.md?p=s) in the case of any subcontract for more than $10,000.
- (b) **Evaluation—**
  - (1) **In general—** Except as provided in [paragraph (2)](#b-2), the Nuclear Regulatory [Commission](/usc/42/2014.md?p=f) shall not enter into any such contract agreement or arrangement unless it finds, after evaluating all information provided under [subsection (a)](#a) and any other information otherwise available to the [Commission](/usc/42/2014.md?p=f) 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](/usc/42/2014.md?p=f) determines that such conflict of interest exists and that such conflict of interest cannot be avoided by including appropriate conditions therein, the [Commission](/usc/42/2014.md?p=f) may enter into such contract, agreement, or arrangement, if the [Commission](/usc/42/2014.md?p=f) determines that it is in the best interests of the [United States](/usc/42/2014.md?p=bb) 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](/usc/42/2014.md?p=f) may enter into a contract, agreement, or arrangement with the Department of Energy or the [operator](/usc/42/2014.md?p=r) of a Department of Energy facility, if the Nuclear Regulatory [Commission](/usc/42/2014.md?p=f) 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](/usc/42/2014.md?p=f) shall publish rules for the implementation of this section, in accordance with [section 553 of title 5](/usc/5/553.md) (without regard to [subsection (a)(2)](#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.)

## Notes

### 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).