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Title 42 — The Public Health and Welfare

Chapter 73 — Development of Energy Sources

§ 5853. Limitation on legal fee reimbursement

Statutory text

The Department of Energy shall not, except as required under a contract entered into before , 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 93–438 title II § 212 · 88 Stat. 1233

    Enacted · 42 U.S.C. § 5853

    (Pub. L. 93–438, title II, § 212, as added Pub. L. 109–58, title VI, § 627, Aug. 8, 2005, 119 Stat. 784.)

    Source evidence

    Code source credit
    (Pub. L. 93–438, title II, § 212, as added Pub. L. 109–58, title VI, § 627, Aug. 8, 2005, 119 Stat. 784.)

0 of 1 references resolved to an enrolled provision · 1 partial

Credits

(Pub. L. 93–438, title II, § 212, as added Pub. L. 109–58, title VI, § 627, , 119 Stat. 784.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s5853