42 U.S.C. § 5853 — Limitation on legal fee reimbursement

Page 6619 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5854 downsizing and restructuring, the Chairman of the Nuclear Regulatory Commission may use funds appropriated in this Act to exercise the authority provided by section 663 of that Act with respect to employees who voluntarily sepa- rate from October 7, 1998, through December 31, 2000. All of the requirements in section 663 of Public Law 104–208, except for section 663(c)(2)(D), apply to the exercise of authority under this section. (e) Fiscal year applicability Subsections (a), (b), and (c) of this section shall apply to fiscal year 1999 and each suc- ceeding fiscal year. (Pub. L. 105–245, title V, § 506, Oct. 7, 1998, 112 Stat. 1856.) Editorial Notes REFERENCES IN TEXT Section 663 of Public Law 104–208, referred to in sub- sec. (d), is section 663 of Pub. L. 104–208, div. A, title I, § 101(f) [title VI], Sept. 30, 1996, 110 Stat. 3009–314, 3009–383, which is set out as a note under section 5597 of Title 5, Government Organization and Employees. This Act, referred to in subsec. (d), is Pub. L. 105–245, Oct. 7, 1998, 112 Stat. 1838, known as the Energy and Water Development Appropriations Act, 1999. For com- plete classification of this Act to the Code, see Tables. CODIFICATION Section was enacted as part of the Energy and Water Development Appropriations Act, 1999, and not as part of the Energy Reorganization Act of 1974 which com- prises this chapter. Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Pub. L. 105–62, title IV, Oct. 13, 1997, 111 Stat. 1336. Pub. L. 104–206, title IV, Sept. 30, 1996, 110 Stat. 3000. Pub. L. 104–46, title IV, Nov. 13, 1995, 109 Stat. 417. Pub. L. 103–316, title IV, Aug. 26, 1994, 108 Stat. 1721. Pub. L. 103–126, title IV, Oct. 28, 1993, 107 Stat. 1332. Pub. L. 102–377, title IV, Oct. 2, 1992, 106 Stat. 1340. Pub. L. 102–104, title IV, Aug. 17, 1991, 105 Stat. 534. Pub. L. 101–514, title IV, Nov. 5, 1990, 104 Stat. 2096. Pub. L. 101–101, title IV, Sept. 29, 1989, 103 Stat. 664. Pub. L. 100–371, title IV, July 19, 1988, 102 Stat. 872. Pub. L. 100–202, § 101(d) [title IV], Dec. 22, 1987, 101 Stat. 1329–104, 1329–128. Pub. L. 99–500, § 101(e) [title IV], Oct. 18, 1986, 100 Stat. 1783–194, 1783–211, and Pub. L. 99–591, § 101(e) [title IV], Oct. 30, 1986, 100 Stat. 3341–194, 3341–211. Pub. L. 99–141, title IV, Nov. 1, 1985, 99 Stat. 577. Pub. L. 98–360, title IV, July 16, 1984, 98 Stat. 419. Pub. L. 98–50, title IV, July 14, 1983, 97 Stat. 260. Pub. L. 97–88, title IV, Dec. 4, 1981, 95 Stat. 1147. Pub. L. 96–367, title IV, Oct. 1, 1980, 94 Stat. 1344. Pub. L. 96–69, title IV, Sept. 25, 1979, 93 Stat. 449. § 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 sub- contractor 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 Depart- ment of Labor Administrative Law Judge pur- suant to section 5851 of this title; or (2) an adverse final judgment by any State or Federal court with respect to such com- plaint 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 judg- ment is reversed upon further administrative or judicial review. (Pub. L. 93–438, title II, § 212, as added Pub. L. 109–58, title VI, § 627, Aug. 8, 2005, 119 Stat. 784.) § 5854. Notification and reports by Chairman The Chairman of the Nuclear Regulatory Com- mission shall notify the other members of the Commission, the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate, not later than 1 day after the Chairman begins performing functions under the authority of sec- tion 3 of Reorganization Plan No. 1 of 1980, or after a member of the Commission who is dele- gated emergency functions under subsection (b) of that section begins performing those func- tions. Such notification shall include an expla- nation of the circumstances warranting the ex- ercise of such authority. The Chairman shall re- port to the Committees, not less frequently than once each week, on the actions taken by the Chairman, or a delegated member of the Com- mission, under such authority, until the author- ity is relinquished. The Chairman shall notify the Committees not later than 1 day after such authority is relinquished. The Chairman shall submit the report required by section 3(d) of the Reorganization Plan No. 1 of 1980 to the Com- mittees not later than 1 day after it was sub- mitted to the Commission. This section shall be in effect in fiscal year 2015 and each subsequent fiscal year. (Pub. L. 113–235, div. D, title IV, § 401, Dec. 16, 2014, 128 Stat. 2330.) Editorial Notes REFERENCES IN TEXT Reorganization Plan No. 1 of 1980, referred to in text, is set out as a note under section 5841 of this title. CODIFICATION Section was enacted as part of the Energy and Water Development and Related Agencies Appropriations Act, 2015, and also as part of the Consolidated and Further Continuing Appropriations Act, 2015, and not as part of the Energy Reorganization Act of 1974 which comprises this chapter.