II

107TH CONGRESS

1ST SESSION S. 1166

To establish the Next Generation Lighting Initiative at the Department of

Energy, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 11, 2001

Mr. BINGAMAN (for himself and Mr. DEWINE) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

To establish the Next Generation Lighting Initiative at the

Department of Energy, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as ‘‘Next Generation Lighting

5 Initiative Act’’.

6 SEC. 2. FINDING.

7 Congress finds that it is in the economic and energy

8 security interests of the United States to encourage the

9 development of white light emitting diodes by providing

10 financial assistance to firms, or a consortium of firms, and
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1 supporting research organizations in the lighting develop2 ment sectors.

3 SEC. 3. DEFINITIONS.

4 In this Act:

5 (1) CONSORTIUM.—The term ‘‘‘consortium’’

6 means the Next Generation Lighting Initiative Con7 sortium established under section 5(b).

8 (2) INORGANIC WHITE LIGHT EMITTING

9 DIODE.—The term ‘‘inorganic white light emitting

10 diode’’ means a semiconducting package that pro11 duces white light using externally applied voltage.

12 (3) LIGHTING INITIATIVE.—The term ‘‘Light13 ing Initiative’’ means the Next Generation Lighting

14 Initiative established by section 4(a).

15 (4) ORGANIC WHITE LIGHT EMITTING DIODE.—

16 The term ‘‘organic white light emitting diode’’

17 means an organic semiconducting compound that

18 produces white light using externally applied voltage.

19 (5) PLANNING BOARD.—The term ‘‘planning

20 board’’ means the Next Generation Lighting Initia21 tive Planning Board established under section 5(a).

22 (6) RESEARCH ORGANIZATION.—The term ‘‘re23 search organization’’ means an organization that

24 performs or promotes research, development, and
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1 demonstration activities with respect to white light

2 emitting diodes.

3 (7) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of Energy, acting through the Assist5 ant Secretary of Energy for Energy Efficiency and

6 Renewable Energy.

7 (8) WHITE LIGHT EMITTING DIODE.—The term

8 ‘‘white light emitting diode’’ means—

9 (A) an inorganic white light emitting

10 diode; and

11 (B) an organic white light emitting diode.

12 SEC. 4. NEXT GENERATION LIGHTING INITIATIVE.

13 (a) ESTABLISHMENT.—There is established in the

14 Department of Energy a lighting initiative to be known

15 as the ‘‘Next Generation Lighting Initiative’’ to research,

16 develop, and conduct demonstration activities on white

17 light emitting diodes.

18 (b) OBJECTIVES.—

19 (1) IN GENERAL.—The objectives of the Light20 ing Initiative shall be to develop, by 2011, white

21 light emitting diodes that, compared to incandescent

22 and fluorescent lighting technologies, are—

23 (A) longer lasting;

24 (B) more energy-efficient; and

25 (C) cost-competitive.
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1 (2) INORGANIC WHITE LIGHT EMITTING

2 DIODE.—The objective of the Lighting Initiative

3 with respect to inorganic white light emitting diodes

4 shall be to develop an inorganic white light emitting

5 diode that has an efficiency of 160 lumens per watt

6 and a 10-year lifetime.

7 (3) ORGANIC WHITE LIGHT EMITTING DIODE.—

8 The objective of the Lighting Initiative with respect

9 to organic white light emitting diodes shall be to de10 velop an organic white light emitting diode with an

11 efficiency of 100 lumens per watt with a 5-year life12 time that—

13 (A) illuminates over a full color spectrum;

14 (B) covers large areas over flexible sur15 faces; and

16 (C) does not contain harmful pollutants

17 typical of fluorescent lamps such as mercury.

18 SEC. 5. ADMINISTRATION.

19 (a) PLANNING BOARD.—

20 (1) IN GENERAL.—The Secretary shall establish

21 a planning board, to be known as the ‘‘Next Genera22 tion Lighting Initiative Planning Board’’, to assist

23 the Secretary in developing and implementing the

24 Lighting Initiative.
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1 (2) COMPOSITION.—The planning board shall

2 be composed of—

3 (A) 4 members from universities, national

4 laboratories, and other individuals with exper5 tise in white lighting, to be appointed by the

6 Secretary; and

7 (B) 3 members nominated by the consor8 tium and appointed by the Secretary.

9 (3) STUDY.—

10 (A) IN GENERAL.—Not later than 180

11 days after the date of enactment of this Act,

12 the planning board shall complete a study on

13 strategies for the development and implementa14 tion of white light emitting diodes.

15 (B) REQUIREMENTS.—The study shall—

16 (i) develop a comprehensive strategy

17 to implement, through the Lighting Initia18 tive, the use of white light emitting diodes

19 to increase energy efficiency and enhance

20 United States competitiveness; and

21 (ii) identify the research and develop22 ment, manufacturing, deployment, and

23 marketing barriers that must be overcome

24 to achieve a goal of a 25 percent market

25 penetration by white light emitting diode
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1 technologies into the incandescent and flu2 orescent lighting markets by the year

3 2012.

4 (C) IMPLEMENTATION.—As soon as prac5 ticable after the study is submitted to the Sec6 retary, the Secretary shall implement the Light7 ing Initiative in accordance with the rec8 ommendations of the planning board.

9 (b) CONSORTIUM.—

10 (1) IN GENERAL.—The Secretary shall solicit

11 the establishment of a consortium, to be known as

12 the ‘‘Next Generation Lighting Initiative Consor13 tium’’, to initiate and manage basic and manufac14 turing related research contracts on white light emit15 ting diodes for the Lighting Initiative.

16 (2) COMPOSITION.—The consortium may be

17 composed of firms, national laboratories, and other

18 entities so that the consortium is representative of

19 the United States solid state lighting industry as a

20 whole.

21 (3) FUNDING.—The consortium shall be funded

22 by—

23 (A) membership fees; and

24 (B) grants provided under section 6.
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1 SEC. 6. GRANT PROGRAM.

2 (a) IN GENERAL.—The Secretary shall make grants

3 to firms, the consortium, and research organizations to

4 conduct research, development, and demonstration

5 projects related to white light emitting diode technologies.

6 (b) REQUIREMENTS.—To be eligible to receive a

7 grant under this section, a consortium shall—

8 (1) enter into a consortium participation agree9 ment that—

10 (A) is agreed to by all members; and

11 (B) describes the responsibilities of partici12 pants, membership fees, and the scope of re13 search activities; and

14 (2) develop a Lighting Initiative annual pro15 gram plan.

16 (c) ANNUAL REVIEW.—

17 (1) IN GENERAL.—An annual independent re18 view of firms, the consortium, and research organi19 zations receiving a grant under this section shall be

20 conducted by—

21 (A) a committee appointed by the Sec22 retary under the Federal Advisory Committee

23 Act (5 U.S.C. App.); or

24 (B) a committee appointed by the National

25 Academy of Sciences.
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1 (2) REQUIREMENTS.—Using clearly defined

2 standards established by the Secretary, the review

3 shall assess technology advances and commercial ap4 plicability of—

5 (A) the activities of the firms, consortium,

6 or research organizations during each fiscal

7 year of the grant program; and

8 (B) the goals of the firms, consortium, or

9 research organizations for the next fiscal year

10 in the annual program plan developed under

11 subsection (b)(2).

12 (d) ALLOCATION AND COST SHARING.—

13 (1) IN GENERAL.—The amount of funds made

14 available for any fiscal year to provide grants under

15 this section shall be allocated in accordance with

16 paragraphs (2) and (3).

17 (2) RESEARCH PROJECTS.—Funding for basic

18 and manufacturing research projects shall be allo19 cated to the consortium.

20 (3) DEVELOPMENT, DEPLOYMENT, AND DEM21 ONSTRATION PROJECTS.—Funding for development,

22 deployment, and demonstration projects shall be al23 located to members of the consortium.
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1 (4) COST SHARING.—Non-federal cost sharing

2 shall be in accordance with section 3002 of the En3 ergy Policy Act of 1992 (42 U.S.C. 13542).

4 (e) TECHNICAL AND FINANCIAL ASSISTANCE.—The

5 national laboratories and other pertinent Federal agencies

6 shall cooperate with and provide technical and financial

7 assistance to firms, the consortium, and research organi8 zations conducting research, development, and demonstra9 tion projects carried out under this section.

10 (f) AUDITS.—

11 (1) IN GENERAL.—The Secretary shall retain

12 an independent, commercial auditor to determine the

13 extent to which funds made available under this Act

14 have been expended in a manner that is consistent

15 with the objectives under section 4(b) and the an16 nual operating plan of the consortium developed

17 under subsection (b)(2).

18 (2) REPORTS.—The auditor shall submit to

19 Congress, the Secretary, and the Comptroller Gen20 eral of the United States an annual report con21 taining the results of the audit.

22 (g) APPLICABLE LAW.—The Lighting Initiative shall

23 not be subject to the Federal Acquisition Regulation.
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1 SEC. 7. PROTECTION OF INFORMATION.

2 Information obtained by the Federal Government on

3 a confidential basis under this Act shall be considered to

4 constitute trade secrets and commercial or financial infor5 mation obtained from a person and privileged or confiden6 tial under section 552(b)(4) of title 5, United States Code.

7 SEC. 8. INTELLECTUAL PROPERTY.

8 Members of the consortium shall have royalty-free

9 nonexclusive rights to use intellectual property derived

10 from consortium research conducted under this Act.

11 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

12 (a) IN GENERAL.—There are authorized to be appro13 priated to carry out this Act—

14 (1) $30,000,000 for fiscal year 2002; and

15 (2) $50,000,000 for each of fiscal years 2003

16 through 2011.

17 (b) AVAILABILITY.—Amounts made available under

18 this section shall remain available until expended.

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