Title 42The Public Health and WelfareRelease 119-73

§16298c National Energy Technology Laboratory reforms

Title 42 › Chapter CHAPTER 149— - NATIONAL ENERGY POLICY AND PROGRAMS › Subchapter SUBCHAPTER IX— - RESEARCH AND DEVELOPMENT › Part Part F— - Fossil Energy › § 16298c

Last updated Apr 6, 2026|Official source

Summary

The Director may hire up to 10 special full‑time workers at the National Energy Technology Laboratory without using the usual civil service hiring rules. These hires can serve up to 3 years and must have either advanced science or engineering training or a business background to help move technology to market. Their basic pay can be set up to level II of the Executive Schedule under section 5313 of title 5. The Director can also pay extra bonuses, but those extra payments in any 12‑month period cannot be more than the smallest of $25,000, 25 percent of the employee’s yearly basic pay, or the limit under section 5307(a)(1) of title 5. Starting in fiscal year 2021, the Laboratory can get laboratory‑directed research and development (LDRD) money. Each year the Secretary may put into a special fund for LDRD an amount up to the same rate used for the National Laboratories. That fund is only for LDRD, is run by the Secretary, does not expire, and is not subject to appropriation. The Director must run LDRD work under Department of Energy Order 413.2C (August 2, 2018) or its successor. Each year the Secretary must report to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives about how this authority was used. The Secretary must give the Director control of the Laboratory’s human resources operations. Within 2 years after December 27, 2020, the Secretary must send those same committees a report reviewing the Lab’s science and management, the effectiveness of the hiring and LDRD rules, and any policy or legislative recommendations.

Full Legal Text

Title 42, §16298c

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

(a)(1)The Director of the National Energy Technology Laboratory (referred to in this section as the “Director”) may—
(A)make appointments to positions in the National Energy Technology Laboratory to assist in meeting a specific project or research need, without regard to civil service laws, of individuals who—
(i)have an advanced scientific or engineering background; or
(ii)have a business background and can assist in specific technology-to-market needs;
(B)fix the basic pay of any employee appointed under subparagraph (A) at a rate not to exceed level II of the Executive Schedule under section 5313 of title 5; and
(C)pay any employee appointed under subparagraph (A) payments in addition to the basic pay fixed under subparagraph (B), subject to the condition that the total amount of additional payments paid to an employee under this subparagraph for any 12-month period shall not exceed the least of—
(i)$25,000;
(ii)the amount equal to 25 percent of the annual rate of basic pay of that employee; and
(iii)the amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5.
(2)(A)The term of any employee appointed under paragraph (1)(A) shall not exceed 3 years.
(B)Not more than 10 full-time employees appointed under paragraph (1)(A) may be employed at the National Energy Technology Laboratory at any given time.
(b)(1)Beginning in fiscal year 2021, the National Energy Technology Laboratory shall be eligible for laboratory-directed research and development funding.
(2)(A)Each fiscal year, of funds made available to the National Energy Technology Laboratory, the Secretary may deposit an amount, not to exceed the rate made available to the National Laboratories for laboratory-directed research and development, in a special fund account.
(B)Amounts in the account under subparagraph (A) shall only be available for laboratory-directed research and development.
(C)The account under subparagraph (A)—
(i)shall be administered by the Secretary;
(ii)shall be available without fiscal year limitation; and
(iii)shall not be subject to appropriation.
(3)The Director shall carry out laboratory-directed research and development activities at the National Energy Technology Laboratory consistent with Department of Energy Order 413.2C, dated August 2, 2018 (or a successor order).
(4)Annually, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report on the use of the authority provided under this subsection during the preceding fiscal year.
(c)The Secretary shall delegate human resources operations of the National Energy Technology Laboratory to the Director to assist in carrying out this section.
(d)Not later than 2 years after December 27, 2020, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report assessing the management and research activities of the National Energy Technology Laboratory, which shall include—
(1)an assessment of the quality of science and research at the National Energy Technology Laboratory, relative to similar work at other National Laboratories;
(2)a review of the effectiveness of authorities provided in subsections (a) and (b); and
(3)recommendations for policy changes within the Department and legislative changes to provide the National Energy Technology Laboratory with the necessary tools and resources to advance the research mission of the National Energy Technology Laboratory.

Reference

Citations & Metadata

Citation

42 U.S.C. § 16298c

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73