Title 42The Public Health and WelfareRelease 119-73

§16192 Next Generation Lighting Initiative

Title 42 › Chapter CHAPTER 149— - NATIONAL ENERGY POLICY AND PROGRAMS › Subchapter SUBCHAPTER IX— - RESEARCH AND DEVELOPMENT › Part Part A— - Energy Efficiency › § 16192

Last updated Apr 6, 2026|Official source

Summary

The Secretary must run a Next Generation Lighting Initiative to fund and support research, development, demonstrations, and commercial use of white LED–based solid-state lighting. Key terms: advanced solid-state lighting — a semiconductor device and system that makes white light using electric voltage; Industry Alliance — the group the Secretary will choose to represent private, for-profit participants; Initiative — the program itself; research — study of the technologies, materials, and manufacturing for white LEDs; white light emitting diode — a semiconductor package (organic or inorganic) that makes white light with applied voltage. The Initiative’s goal is to make LED lighting that lasts longer, uses less energy, costs less, and hurts the environment less than incandescent and fluorescent lights. Not later than 90 days after August 8, 2005, the Secretary must pick an Industry Alliance of large and small firms that together represent U.S. LED expertise. Research grants must be awarded competitively to researchers (including Alliance members), small businesses, National Laboratories, and colleges. Each year the Secretary will ask the Alliance for technology needs, progress reports, and roadmap updates, and those materials must be public. Development and commercialization awards will be competitive and may favor Alliance members. Cost sharing is required as set by section 16352. For new inventions from the research, the Secretary may require that active Alliance members get the first option to negotiate nonexclusive licenses in the lighting field, and that for 1 year after a U.S. patent issues the patent holder not deal with non-Alliance parties and must negotiate in good faith with interested Alliance members. The Secretary must arrange periodic reviews by the National Academy of Sciences.

Full Legal Text

Title 42, §16192

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In this section:
(1)The term “advanced solid-state lighting” means a semiconducting device package and delivery system that produces white light using externally applied voltage.
(2)The term “Industry Alliance” means an entity selected by the Secretary under subsection (d).
(3)The term “Initiative” means the Next Generation Lighting Initiative carried out under this section.
(4)The term “research” includes research on the technologies, materials, and manufacturing processes required for white light emitting diodes.
(5)The term “white light emitting diode” means a semiconducting package, using either organic or inorganic materials, that produces white light using externally applied voltage.
(b)The Secretary shall carry out a Next Generation Lighting Initiative in accordance with this section to support research, development, demonstration, and commercial application activities related to advanced solid-state lighting technologies based on white light emitting diodes.
(c)The objectives of the Initiative shall be to develop advanced solid-state organic and inorganic lighting technologies based on white light emitting diodes that, compared to incandescent and fluorescent lighting technologies, are longer lasting, are more energy-efficient and cost-competitive, and have less environmental impact.
(d)Not later than 90 days after August 8, 2005, the Secretary shall competitively select an Industry Alliance to represent participants who are private, for-profit firms, open to large and small businesses, that, as a group, are broadly representative of United States solid-state lighting research, development, infrastructure, and manufacturing expertise as a whole.
(e)(1)The Secretary shall carry out the research activities of the Initiative through competitively awarded grants to—
(A)researchers, including Industry Alliance participants;
(B)small businesses;
(C)National Laboratories; and
(D)institutions of higher education.
(2)The Secretary shall annually solicit from the Industry Alliance—
(A)comments to identify solid-state lighting technology needs;
(B)an assessment of the progress of the research activities of the Initiative; and
(C)assistance in annually updating solid-state lighting technology roadmaps.
(3)The information and roadmaps under paragraph (2) shall be available to the public.
(f)(1)The Secretary shall carry out a development, demonstration, and commercial application program for the Initiative through competitively selected awards.
(2)In making the awards, the Secretary may give preference to participants in the Industry Alliance.
(g)In carrying out this section, the Secretary shall require cost sharing in accordance with section 16352 of this title.
(h)The Secretary may require (in accordance with section 202(a)(ii) of title 35, section 2182 of this title, and section 5908 of this title) that for any new invention developed under subsection (e)—
(1)that the Industry Alliance participants who are active participants in research, development, and demonstration activities related to the advanced solid-state lighting technologies that are covered by this section shall be granted the first option to negotiate with the invention owner, at least in the field of solid-state lighting, nonexclusive licenses and royalties on terms that are reasonable under the circumstances;
(2)(A)that, for 1 year after a United States patent is issued for the invention, the patent holder shall not negotiate any license or royalty with any entity that is not a participant in the Industry Alliance described in paragraph (1); and
(B)that, during the year described in subparagraph (A), the patent holder shall negotiate nonexclusive licenses and royalties in good faith with any interested participant in the Industry Alliance described in paragraph (1); and
(3)such other terms as the Secretary determines are required to promote accelerated commercialization of inventions made under the Initiative.
(i)The Secretary shall enter into an arrangement with the National Academy of Sciences to conduct periodic reviews of the Initiative.

Reference

Citations & Metadata

Citation

42 U.S.C. § 16192

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73