42 U.S.C. § 16192 — Next Generation Lighting Initiative

(a) Definitions. This section defines: (1) "Advanced solid-state lighting" as a semiconductor device package and delivery system that produces white light using externally applied voltage. (2) "Industry Alliance" as the entity the Secretary selects under (d). (3) "Initiative" as the Next Generation Lighting Initiative carried out under this section. (4) "Research" as including research on the technology, materials, and manufacturing processes needed for white light emitting diodes. (5) "White light emitting diode" as a semiconductor package, using organic or inorganic materials, that produces white light using externally applied voltage. (b) Initiative. The Secretary must carry out this Initiative to support research, development, demonstration, and commercial-application activities related to advanced solid-state lighting based on white light emitting diodes. (c) Objectives. The Initiative's objective is to develop advanced solid-state lighting that, compared to incandescent and fluorescent lighting, lasts longer, is more energy-efficient and cost-competitive, and has less environmental impact. (d) Industry Alliance. Within 90 days of August 8, 2005, the Secretary must competitively select an Industry Alliance to represent private, for-profit firms, open to large and small businesses, that together broadly represent U.S. expertise in solid-state lighting research, development, infrastructure, and manufacturing. (e) Research. (1) Grants: The Secretary must carry out the Initiative's research through competitively awarded grants to (A) researchers, including Industry Alliance participants, (B) small businesses, (C) National Laboratories, and (D) institutions of higher education. (2) Industry alliance: Each year, the Secretary must ask the Industry Alliance for (A) comments identifying solid-state lighting technology needs, (B) an assessment of the research's progress, and (C) help updating solid-state lighting technology roadmaps. (3) Availability to public: This information and these roadmaps must be made available to the public. (f) Development, demonstration, and commercial application. (1) The Secretary must carry out a development, demonstration, and commercial-application program for the Initiative through competitively selected awards. (2) In making these awards, the Secretary may give preference to Industry Alliance participants. (g) Cost sharing. The Secretary must require cost-sharing under this section, following the rules in section 16352. (h) Intellectual property. For any new invention developed under the research in (e), the Secretary may require (following section 202(a)(ii) of title 35, section 2182, and section 5908 of this title): (1) that Industry Alliance participants who actively took part in the related research, development, and demonstration work get the first option to negotiate nonexclusive licenses and reasonable royalties from the invention owner, at least in the field of solid-state lighting; (2) (A) that for 1 year after a U.S. patent is issued for the invention, the patent holder may not negotiate any license or royalty with anyone who is not an Industry Alliance participant, and (B) that during that year, the patent holder must negotiate nonexclusive licenses and royalties in good faith with any interested Industry Alliance participant; and (3) any other terms the Secretary decides are needed to speed up commercializing inventions made under the Initiative. (i) National Academy review. The Secretary must arrange with the National Academy of Sciences to periodically review the Initiative.