42 U.S.C. § 16353

(a) Awards Awards of funds authorized under this Act or an amendment made by this Act shall be made only after an impartial review of the scientific and technical merit of the proposals for the awards has been carried out by or for the Department. (b) Competition Competitive awards under this Act shall involve competitions open to all qualified entities within one or more of the following categories: (1) Institutions of higher education. (2) National Laboratories. (3) Nonprofit and for-profit private entities. (4) State and local governments. (5) Consortia of entities described in paragraphs (1) through (4). (c) Sense of Congress It is the sense of Congress that research, development, demonstration, and commercial application activities carried out by the Department should be awarded using competitive procedures, to the maximum extent practicable.