Title 42, The Public Health and WelfareRelease 119-110

§5853 Limitation on Legal Fee Reimbursement

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

Last updated Sep 22, 2026|Official source

Summary

The Department of Energy cannot repay contractors or subcontractors for legal fees from a complaint, unless the contract began before August 8, 2005. This rule applies after a loss in a DOE Part 708 hearing, a Department of Labor administrative judge hearing, or a final state or federal court judgment for wrongful firing or retaliation over protected whistleblower disclosures. Fees can be repaid only if that loss is later reversed on review.

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,

unless the adverse determination or final judgment is reversed upon further administrative or judicial review.

Reference

Citations & Metadata

Citation

42 U.S.C. § 5853

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110