Title 42, The Public Health and WelfareRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

The Director can hire up to 10 full-time people at the National Energy Technology Laboratory for work on specific projects. These hires may be made outside normal civil service rules if the person has an advanced science or engineering background or a business background to help move technology to market. Pay for these hires can be set as high as level II of the Executive Schedule (5 U.S.C. 5313). They can also get extra payments, but in any 12-month period those extras cannot exceed the smallest of $25,000, 25 percent of their annual basic pay, or the calendar-year limit in 5 U.S.C. 5307(a)(1). Each hire’s term cannot be longer than 3 years. The Secretary must give the Director control of NETL’s human resources operations to help do this. Starting in fiscal year 2021, NETL can get laboratory-directed research and development (LDRD) funding. Each year the Secretary may set aside up to the same LDRD rate used for other National Laboratories into a special account for NETL. That account can only be used for LDRD, is run by the Secretary, does not expire each fiscal year, and is not subject to appropriation. NETL must carry out LDRD under DOE Order 413.2C (August 2, 2018) or a successor order. Every year the Secretary must report to the Senate Energy and Natural Resources Committee and the House Science Committee on how this authority was used. Within two years after December 27, 2020, the Secretary must also send those committees a report that (1) assesses NETL’s science and research quality compared to other labs, (2) reviews how well the hiring and LDRD authorities are working, and (3) recommends policy and legislative changes to give NETL the tools it needs.

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 42, The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60