Title 42 — The Public Health and WelfareRelease 119-73

§5853 Limitation on legal fee reimbursement

Title 42 › Chapter CHAPTER 73— - DEVELOPMENT OF ENERGY SOURCES › Subchapter SUBCHAPTER II— - NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER PROTECTION › § 5853

Last updated Apr 6, 2026|Official source

Summary

The Department of Energy must not pay legal fees for a contractor or subcontractor after the contractor loses a complaint, unless the contract was signed before August 8, 2005. The ban applies after an adverse decision under 10 C.F.R. part 708 or section 5851, or after an adverse final court judgment for wrongful firing or retaliation for disclosures protected by chapter 12 of title 5 or similar State law.

Full Legal Text

Title 42, §5853

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

The Department of Energy shall not, except as required under a contract entered into before August 8, 2005, reimburse any contractor or subcontractor of the Department for any legal fees or expenses incurred with respect to a complaint subsequent to—

(1)an adverse determination on the merits with respect to such complaint against the contractor or subcontractor by the Director of the Department of Energy’s Office of Hearings and Appeals pursuant to part 708 of title 10, Code of Federal Regulations, or by a Department of Labor Administrative Law Judge pursuant to section 5851 of this title; or

(2)an adverse final judgment by any State or Federal court with respect to such complaint against the contractor or subcontractor for wrongful termination or retaliation due to the making of disclosures protected under chapter 12 of title 5, section 5851 of this title, or any comparable State law,

Reference

Citations & Metadata

Citation

42 U.S.C. § 5853

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73