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42 U.S.C. § 16312 — National Energy Technology Laboratory reforms
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5313&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5307/a/1&num=0&edition=prelim).
(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.
**
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16312
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Stable record: federal_law:legal_authorities:record_usc_ea115db08dd4fee4945836a8
Source file: Laws/federal/codes/united-states-code/title-42/section-16312-national-energy-technology-laboratory-reforms--2f5f98a00e.md
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Passage SHA-256: aa5aaf0da5405285a82ba1e31dfe4502710f44b3762ff0246647b46a99f107a1
Source location: Title 42, Chapter 149, § 16312; chapter-149-national-energy-policy-and-programs.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5313&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5307/a/1&num=0&edition=prelim).
(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.
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Federal law — U.S. Code and appendices · legal_authorities
Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5313
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary shall conduct, through the Office of Science, programs of research, development, demonstration, and commercial application in high energy physics, nuclear physics, biological and environmental research, basic energy sciences, advanced scientific computing research, and fusion energy sciences, including activities described in this part. The programs shall include support for facilities and infrastructure, education, outreach, information, analysis, and coordination activities.
**(b) Authorization of appropriations** There are authorized to be appropriated to the Secretary to carry out research, development, demonstration, and commercial application activities of the Office of Science, including activities authorized under this part (including the amounts authorized under the amendment made by section 976(b) 11 See References in Text note below. and including basic energy sciences, advanced scientific and computing research, biological and environmental research, fusion energy sciences, high energy physics, nuclear physics, research analysis, and infrastructure support)—
(1) $4,153,000,000 for fiscal year 2007;
(2) $4,586,000,000 for fiscal year 2008;
(3) $5,200,000,000 for fiscal year 2009;
(4) $5,814,000,000 for fiscal year 2010;
(5) $5,247,000,000 for fiscal year 2011;
(6) $5,614,000,000 for fiscal year 2012; and
(7) $6,007,000,000 for fiscal year 2013.
**(c) Allocations** From amounts authorized under subsection (b), the following sums are authorized:
(1) For activities under the Fusion Energy Sciences program (including activities under [section 16312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16312&num=0&edition=prelim))—
(A) $355,500,000 for fiscal year 2007;
(B) $369,
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 16315
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program** As part of the activities authorized under [section 7139 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7139&num=0&edition=prelim) and [section 16312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16312&num=0&edition=prelim), the Director shall carry out a fusion energy sciences research and enabling technology development program to effectively address the scientific and engineering challenges to building a cost competitive fusion power plant and to support the development of a competitive fusion power industry in the United States. As part of this program, the Director shall carry out research activities to expand the fundamental understandings of plasma and matter at very high temperatures and densities for fusion applications and for other engineering and plasma science applications.
**(b) Fusion materials research and development**
(1) **In general** — As part of the activities authorized in [section 16318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section16318&num=0&edition=prelim)—
(A) the Director, in coordination with the Assistant Secretary for Nuclear Energy of the Department, shall carry out research and development activities to identify, characterize, and demonstrate materials that can endure the neutron, plasma, and heat fluxes expected in a fusion power system; and
(B) the Director shall provide an assessment of—
(i) the need for one or more facilities that can examine and test potential fusion and next generation fission materials and other enabling technologies relevant to the development of fusion power; and
(ii) whether a single new facility that substantially addresses magnetic fusion and
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 18646
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Federal law — U.S. Code and appendices · legal_authorities
Page 8862
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 16312
1 See References in Text note below.
ment, demonstration, and commercial applica-
tion in high energy physics, nuclear physics, bi-
ological and environmental research, basic en-
ergy sciences, advanced scientific computing re-
search, and fusion energy sciences, including ac-
tivities described in this part. The programs
shall include support for facilities and infra-
structure, education, outreach, information,
analysis, and coordination activities.
(b) Authorization of appropriations
There are authorized to be appropriated to the
Secretary to carry out research, development,
demonstration, and commercial application ac-
tivities of the Office of Science, including activi-
ties authorized under this part (including the
amounts authorized under the amendment made
by section 976(b) 1 and including basic energy
sciences, advanced scientific and computing re-
search, biological and environmental research,
fusion energy sciences, high energy physics, nu-
clear physics, research analysis, and infrastruc-
ture support)—
(1) $4,153,000,000 for fiscal year 2007;
(2) $4,586,000,000 for fiscal year 2008;
(3) $5,200,000,000 for fiscal year 2009;
(4) $5,814,000,000 for fiscal year 2010;
(5) $5,247,000,000 for fiscal year 2011;
(6) $5,614,000,000 for fiscal year 2012; and
(7) $6,007,000,000 for fiscal year 2013.
(c) Allocations
From amounts authorized under subsection
(b), the following sums are authorized:
(1) For activities under the Fusion Energy
Sciences program (including activities under
section 16312 of this title)—
(A) $355,500,000 for fiscal year 2007;
(B) $369,500,000 for fiscal year 2008;
(C) $384,800,000 for fiscal year 2009; and
(D) in addition to the amounts authorized
under subparagra
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 16312
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