---
kind: "section"
citation: "42 U.S.C. § 16298c"
title: "42"
title_heading: "The Public Health and Welfare"
number: "16298c"
heading: "National Energy Technology Laboratory reforms"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/16298c"
units:
  - "Chapter 149 — National Energy Policy and Programs"
  - "Subchapter IX — Research and Development"
  - "Part F — Fossil Energy"
---

# §16298c. National Energy Technology Laboratory reforms

- (a) **Special hiring authority for scientific, engineering, and project management personnel—**
  - (1) **In general—** The [Director](/usc/42/11851.md?p=5) of the National Energy Technology Laboratory (referred to in this section as the “[Director](/usc/42/11851.md?p=5)”) may—
    - (A) make appointments to positions in the National Energy Technology Laboratory to assist in meeting a specific [project](/usc/42/16371.md?p=12) 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)](#a-1-A) at a rate not to exceed level II of the Executive Schedule under [section 5313 of title 5](/usc/5/5313.md); and
    - (C) pay any employee appointed under [subparagraph (A)](#a-1-A) payments in addition to the basic pay fixed under [subparagraph (B)](#a-1-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](/usc/5/5307.md?p=a-1).
  - (2) **Limitations—**
    - (A) **In general—** The term of any employee appointed under [paragraph (1)(A)](#a-1-A) shall not exceed 3 years.
    - (B) **Full-time employees—** Not more than 10 full-time employees appointed under [paragraph (1)(A)](#a-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](/usc/42/15801.md?p=4) may deposit an amount, not to exceed the rate made available to the [National Laboratories](/usc/42/15801.md?p=3) for laboratory-directed research and development, in a special fund account.
    - (B) **Use—** Amounts in the account under [subparagraph (A)](#b-2-A) shall only be available for laboratory-directed research and development.
    - (C) **Requirements—** The account under [subparagraph (A)](#b-2-A)—
      - (i) shall be administered by the [Secretary](/usc/42/15801.md?p=4);
      - (ii) shall be available without fiscal year limitation; and
      - (iii) shall not be subject to appropriation.
  - (3) **Requirement—** The [Director](/usc/42/11851.md?p=5) shall carry out laboratory-directed research and development activities at the National Energy Technology Laboratory consistent with [Department](/usc/42/15801.md?p=1) of Energy Order 413.2C, dated August 2, 2018 (or a successor order).
  - (4) **Annual report on use of authority—** Annually, the [Secretary](/usc/42/15801.md?p=4) 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](/usc/42/15801.md?p=4) shall delegate human resources operations of the National Energy Technology Laboratory to the [Director](/usc/42/11851.md?p=5) to assist in carrying out this section.
- (d) **Review—** Not later than 2 years after December 27, 2020, the [Secretary](/usc/42/15801.md?p=4) 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](/usc/42/15801.md?p=3);
  - (2) a review of the effectiveness of authorities provided in subsections [(a)](#a) and [(b)](#b); and
  - (3) recommendations for policy changes within the [Department](/usc/42/15801.md?p=1) 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.

## Source credit

(Pub. L. 109–58, title IX, § 969C, as added Pub. L. 116–260, div. Z, title IV, § 4006(a), Dec. 27, 2020, 134 Stat. 2544.)