Title 42, The Public Health and WelfareRelease 119-110

§16298c National Energy Technology Laboratory Reforms

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

Last updated Sep 22, 2026|Official source

Summary

Gives the Director of the National Energy Technology Laboratory authority to hire scientists, engineers, or business experts outside normal civil service rules to meet specific project needs. The Director may set their basic pay up to level II of the Executive Schedule (see section 5313 of title 5). The Director may also give additional payments, but the extra pay in any 12‑month period cannot be more than the smallest of $25,000, 25% of the employee’s annual basic pay, or the calendar‑year limit in section 5307(a)(1) of title 5. Those hires may serve no more than 3 years, and no more than 10 full‑time such employees may work at the lab at the same time. Starting in fiscal year 2021, the lab may get lab‑directed research and development (LDRD) funding. Each year the Secretary may move up to the same LDRD rate used for other National Laboratories into a special fund for LDRD. That fund is for LDRD only, is run by the Secretary, does not expire each year, and is not subject to appropriation. The Director must follow Department of Energy Order 413.2C (dated August 2, 2018, or a successor) when doing LDRD. The Secretary must report each year to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives on how the authority was used. The Secretary must give the Director control of the lab’s human resources to help carry out these rules. Not later than 2 years after December 27, 2020, the Secretary must send those same two committees a report assessing the lab’s science and management, reviewing the hiring and LDRD authorities, and recommending Department policy or legislative changes.

Full Legal Text

Title 42, §16298c

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

(a)Special hiring authority for scientific, engineering, and project management personnel
(1)In general
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)Limitations
(A)In general
The term of any employee appointed under paragraph (1)(A) shall not exceed 3 years.
(B)Full-time employees
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)Laboratory-directed research and development
(1)In general
Beginning in fiscal year 2021, the National Energy Technology Laboratory shall be eligible for laboratory-directed research and development funding.
(2)Authorization of funding
(A)In general
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)Use
Amounts in the account under subparagraph (A) shall only be available for laboratory-directed research and development.
(C)Requirements
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)Requirement
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)Annual report on use of authority
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)Laboratory operations
The Secretary shall delegate human resources operations of the National Energy Technology Laboratory to the Director to assist in carrying out this section.
(d)Review
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 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110