II 

108TH CONGRESS 

1ST SESSION S. 167

To direct the Secretary of Energy to carry out a Next Generation Lighting 

Initiative. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 15, 2003

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 direct the Secretary of Energy to carry out a Next 

Generation Lighting Initiative.

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

3 SECTION 1. NEXT GENERATION LIGHTING INITIATIVE. 

4 (a) DEFINITIONS.—In this section: 

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

6 means the consortium selected by the Secretary 

7 under subsection (d)(1). 

8 (2) INITIATIVE.—The term ‘‘Initiative’’ means 

9 the Next Generation Lighting Initiative carried out 

10 under subsection (b). 
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1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Energy. 

3 (b) GENERAL AUTHORITY.—The Secretary shall 

4 carry out a program, to be known as the ‘‘Next Generation 

5 Lighting Initiative’’, to support research, development, 

6 demonstration, and commercial application activities re7 lated to advanced solid-state lighting technologies based 

8 on white light emitting diodes. 

9 (c) OBJECTIVES.—The objectives of the Initiative 

10 shall be—

11 (1) to develop, by 2012, advanced solid-state 

12 lighting technologies based on white light emitting 

13 diodes that, compared to incandescent and fluores14 cent lighting technologies, are—

15 (A) longer lasting; 

16 (B) more energy-efficient; and 

17 (C) cost-competitive; 

18 (2) to develop an inorganic white light emitting 

19 diode that has an efficiency of 160 lumens per watt 

20 and a 10-year lifetime; and 

21 (3) to develop an organic white light emitting 

22 diode with an efficiency of 100 lumens per watt with 

23 a 5-year lifetime that—

24 (A) illuminates over a full color spectrum; 
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1 (B) covers large areas over flexible sur2 faces; and 

3 (C) does not contain harmful pollutants 

4 (such as mercury) that are typical of fluores5 cent lamps. 

6 (d) FUNDAMENTAL RESEARCH.—

7 (1) CONSORTIUM.—The Secretary shall carry 

8 out the fundamental research activities of the Initia9 tive through a private consortium (which may in10 clude private firms, trade associations and institu11 tions of higher education), which the Secretary shall 

12 select through a competitive process. 

13 (2) SUBMISSION OF INFORMATION.—Each pro14 posed consortium shall submit to the Secretary such 

15 information as the Secretary may require, including 

16 a program plan agreed to by all participants of the 

17 consortium. 

18 (3) JOINT VENTURE.—The consortium shall be 

19 structured as a joint venture among the participants 

20 of the consortium. 

21 (4) GOVERNING COUNCIL.—The Secretary shall 

22 serve on the governing council of the consortium. 

23 (5) ELIGIBILITY.—To be eligible for a grant 

24 under paragraph (6), an applicant shall be broadly 
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•S 167 IS 

1 representative of United States solid-state lighting 

2 research, development, and manufacturing expertise. 

3 (6) GRANTS.—

4 (A) IN GENERAL.—The Secretary shall 

5 award grants for fundamental research to the 

6 consortium, which the consortium may disburse 

7 to researchers, including researchers that are 

8 not participants in the consortium. 

9 (B) SUBMISSION.—To receive a grant, the 

10 consortium shall submit to the Secretary a de11 scription of the proposed research and a list of 

12 the persons that will receive funding. 

13 (C) COST-SHARING.—Grants shall be 

14 matched by the consortium in accordance with 

15 subsection (h). 

16 (7) NATIONAL LABORATORIES.—National Lab17 oratories may participate in the research under this 

18 section and receive funds from the consortium. 

19 (8) INTELLECTUAL PROPERTY.—Participants in 

20 the consortium and the Federal Government shall 

21 have royalty-free nonexclusive rights to use intellec22 tual property derived from research funded under 

23 this subsection. 

24 (e) DEVELOPMENT, DEMONSTRATION, AND COMMER25 CIAL APPLICATION.—
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1 (1) IN GENERAL.—The Secretary shall carry 

2 out the development, demonstration, and commercial 

3 application activities of the Initiative through awards 

4 to private firms, trade associations, and institutions 

5 of higher education. 

6 (2) PREFERENCE.—In selecting awardees, the 

7 Secretary shall give preference to members of the 

8 consortium. 

9 (f) PLANS AND ASSESSMENTS.—

10 (1) IN GENERAL.—The consortium shall formu11 late an annual operating plan which shall include re12 search priorities, technical milestones, and plans for 

13 technology transfer, and which shall be subject to 

14 approval by the Secretary. 

15 (2) REVIEW.—

16 (A) IN GENERAL.—The Secretary shall 

17 enter into an arrangement with the National 

18 Academy of Sciences to conduct periodic re19 views of the Initiative. 

20 (B) DUTIES.—The Academy shall review 

21 the research priorities, technical milestones, and 

22 plans for technology transfer established under 

23 paragraph (1) and evaluate the progress toward 

24 achieving them. 
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1 (C) CONSIDERATION OF RESULTS.—The 

2 Secretary shall consider the results of the re3 views in evaluating the plans submitted under 

4 paragraph (1). 

5 (g) AUDIT.—

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

7 an independent, commercial auditor to perform an 

8 audit of the consortium to determine the extent to 

9 which the funds authorized by this section have been 

10 expended in a manner consistent with this section. 

11 (2) REPORT.—

12 (A) TO THE SECRETARY.—The auditor 

13 shall annually submit to the Secretary a report 

14 describing the results of the audit under para15 graph (1). 

16 (B) TO CONGRESS.—The Secretary shall 

17 transmit to Congress a copy of each report sub18 mitted under subparagraph (A), including a 

19 plan to remedy any deficiencies noted in the re20 port. 

21 (h) COST SHARING.—

22 (1) RESEARCH AND DEVELOPMENT.—

23 (A) IN GENERAL.—For research and devel24 opment programs carried out under this sec25 tion, the Secretary shall require a commitment 
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1 from non-Federal sources of at least 20 percent 

2 of the cost of the project. 

3 (B) REDUCTION OR WAIVER.—The Sec4 retary may reduce or waive the non-Federal re5 quirement under this subsection if the Sec6 retary determines that the research and devel7 opment is of a basic or fundamental nature. 

8 (2) DEMONSTRATION AND COMMERCIAL APPLI9 CATION.—

10 (A) IN GENERAL.—The Secretary shall re11 quire at least 50 percent of the costs directly 

12 and specifically related to any demonstration or 

13 commercial application project under this sec14 tion to be provided from non-Federal sources. 

15 (B) REDUCTION.—The Secretary may re16 duce the non-Federal requirement under this 

17 subsection if the Secretary determines that the 

18 reduction is necessary and appropriate consid19 ering the technological risks involved in the 

20 project and is necessary to meet the objectives 

21 of this title. 

22 (3) CALCULATION OF AMOUNT.—In calculating 

23 the amount of the non-Federal commitment under 

24 paragraph (1) or (2), the Secretary may include per25 sonnel, services, equipment, and other resources. 
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1 (i) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to carry out this sec3 tion—

4 (1) $10,000,000 for fiscal year 2004; and 

5 (2) $50,000,000 for each of fiscal years 2005 

6 through 2013. 

7 (j) TERMINATION OF INITIATIVE.—The Secretary 

8 shall terminate the Initiative not later than September 30, 

9 2013.

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