---
kind: "section"
citation: "42 U.S.C. § 16353"
title: "42"
title_heading: "The Public Health and Welfare"
number: "16353"
heading: "Merit review of proposals"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/16353"
units:
  - "Chapter 149 — National Energy Policy and Programs"
  - "Subchapter IX — Research and Development"
  - "Part I — Research Administration and Operations"
---

# §16353. Merit review of proposals

- (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](/usc/42/15801.md?p=1).
- (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](/usc/42/15801.md?p=3).
  - (3) [Nonprofit](/usc/42/300s–3.md?p=3) and for-profit private entities.
  - (4) [State](/usc/42/15951.md?p=b-2) and local governments.
  - (5) Consortia of entities described in paragraphs [(1)](#b-1) through [(4)](#b-4).
- (c) **Sense of Congress—** It is the sense of Congress that research, development, demonstration, and commercial application activities carried out by the [Department](/usc/42/15801.md?p=1) should be awarded using competitive procedures, to the maximum extent practicable.

## Source credit

(Pub. L. 109–58, title IX, § 989, Aug. 8, 2005, 119 Stat. 911.)

## Notes

### Editorial Notes

### References in Text

This Act, referred to in subsecs. (a) and (b), is Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 594, known as the Energy Policy Act of 2005, which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 15801 of this title and Tables.