225 
SEC. 644. FUNDING COMPETITIVENESS FOR INSTITUTIONS 
OF HIGHER EDUCATION AND OTHER NON-
PROFIT INSTITUTIONS. 
Section 988(b) of the Energy Policy Act of 2005 (42 
U.S.C. 16352(b)) is amended— 
(1) in paragraph (1), by striking ‘‘Except as 
provided in paragraphs (2) and (3)’’ and inserting 
‘‘Except as provided in paragraphs (2), (3), and 
(4)’’; and 
(2) by adding at the end the following: 
‘‘(4) EXEMPTION FOR INSTITUTIONS OF HIGH-
ER
EDUCATION
AND
OTHER
NONPROFIT
INSTITU-
TIONS.— 
‘‘(A) IN
GENERAL.—Paragraph (1) shall 
not apply to a research or development activity 
performed by an institution of higher education 
or nonprofit institution (as defined in section 4 
of the Stevenson-Wydler Technology Innovation 
Act of 1980 (15 U.S.C. 3703)). 
‘‘(B) TERMINATION
DATE.—The exemp-
tion under subparagraph (A) shall apply during 
the 6-year period beginning on the date of en-
actment of this paragraph.’’. 
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226 
SEC. 645. UNDER SECRETARY FOR SCIENCE AND ENERGY. 
(a) IN GENERAL.—Section 202(b) of the Department 
of Energy Organization Act (42 U.S.C. 7132(b)) is 
amended— 
(1) by striking ‘‘Under Secretary for Science’’ 
each place it appears and inserting ‘‘Under Sec-
retary for Science and Energy’’; and 
(2) in paragraph (4)— 
(A) in subparagraph (F), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (G), by striking the 
period at the end and inserting a semicolon; 
and 
(C) by inserting after subparagraph (G) 
the following: 
‘‘(H) establish appropriate linkages be-
tween offices under the jurisdiction of the 
Under Secretary; and 
‘‘(I) perform such functions and duties as 
the Secretary shall prescribe, consistent with 
this section.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 3164(b)(1) of the Department of 
Energy Science Education Enhancement Act (42 
U.S.C. 7381a(b)(1)) is amended by striking ‘‘Under 
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227 
Secretary for Science’’ and inserting ‘‘Under Sec-
retary for Science and Energy’’. 
(2) Section 641(h)(2) of the United States En-
ergy Storage Competitiveness Act of 2007 (42 
U.S.C. 17231(h)(2)) is amended by striking ‘‘Under 
Secretary for Science’’ and inserting ‘‘Under Sec-
retary for Science and Energy’’. 
SEC. 646. SPECIAL HIRING AUTHORITY FOR SCIENTIFIC, 
ENGINEERING, AND PROJECT MANAGEMENT 
PERSONNEL. 
(a) IN GENERAL.—The Under Secretary shall have 
the authority to— 
(1) make appointments of scientific, engineer-
ing, and professional personnel, without regard to 
civil service laws, to assist the Department in meet-
ing specific project or research needs; 
(2) fix the basic pay of any employee appointed 
under this section at a rate to be determined by the 
Under Secretary at rates not in excess of the Execu-
tive Schedule (EX–II) without regard to the civil 
service laws; and 
(3) pay any employee appointed under this sec-
tion payments in addition to basic pay, except that 
the total amount of additional payments paid to an 
employee under this subsection for any 12-month pe-
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