---
kind: "section"
citation: "42 U.S.C. § 5853"
title: "42"
title_heading: "The Public Health and Welfare"
number: "5853"
heading: "Limitation on legal fee reimbursement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/5853"
units:
  - "Chapter 73 — Development of Energy Sources"
  - "Subchapter II — Nuclear Regulatory Commission; Nuclear Whistleblower Protection"
---

# §5853. Limitation on legal fee reimbursement


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](/usc/42/11851.md?p=5) of the Department of Energy’s Office of Hearings and Appeals pursuant to part [708](/usc/10/708.md) of title 10, Code of Federal Regulations, or by a Department of Labor Administrative Law Judge pursuant to [section 5851 of this title](/usc/42/5851.md); or
- (2) an adverse final judgment by any [State](/usc/42/2021b.md?p=14) 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](/usc/5/chptII/ch12.md) of title 5, [section 5851 of this title](/usc/42/5851.md), or any comparable [State](/usc/42/2021b.md?p=14) law,

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


## Source credit

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