[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1166 Introduced in Senate (IS)]







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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as ``Next Generation Lighting Initiative 
Act''.

SEC. 2. FINDING.

    Congress finds that it is in the economic and energy security 
interests of the United States to encourage the development of white 
light emitting diodes by providing financial assistance to firms, or a 
consortium of firms, and supporting research organizations in the 
lighting development sectors.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Consortium.--The term ```consortium'' means the Next 
        Generation Lighting Initiative Consortium established under 
        section 5(b).
            (2) Inorganic white light emitting diode.--The term 
        ``inorganic white light emitting diode'' means a semiconducting 
        package that produces white light using externally applied 
        voltage.
            (3) Lighting initiative.--The term ``Lighting Initiative'' 
        means the Next Generation Lighting Initiative established by 
        section 4(a).
            (4) Organic white light emitting diode.--The term ``organic 
        white light emitting diode'' means an organic semiconducting 
        compound that produces white light using externally applied 
        voltage.
            (5) Planning board.--The term ``planning board'' means the 
        Next Generation Lighting Initiative Planning Board established 
        under section 5(a).
            (6) Research organization.--The term ``research 
        organization'' means an organization that performs or promotes 
        research, development, and demonstration activities with 
        respect to white light emitting diodes.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy, acting through the Assistant Secretary of Energy for 
        Energy Efficiency and Renewable Energy.
            (8) White light emitting diode.--The term ``white light 
        emitting diode'' means--
                    (A) an inorganic white light emitting diode; and
                    (B) an organic white light emitting diode.

SEC. 4. NEXT GENERATION LIGHTING INITIATIVE.

    (a) Establishment.--There is established in the Department of 
Energy a lighting initiative to be known as the ``Next Generation 
Lighting Initiative'' to research, develop, and conduct demonstration 
activities on white light emitting diodes.
    (b) Objectives.--
            (1) In general.--The objectives of the Lighting Initiative 
        shall be to develop, by 2011, white light emitting diodes that, 
        compared to incandescent and fluorescent lighting technologies, 
        are--
                    (A) longer lasting;
                    (B) more energy-efficient; and
                    (C) cost-competitive.
            (2) Inorganic white light emitting diode.--The objective of 
        the Lighting Initiative with respect to inorganic white light 
        emitting diodes shall be to develop an inorganic white light 
        emitting diode that has an efficiency of 160 lumens per watt 
        and a 10-year lifetime.
            (3) Organic white light emitting diode.--The objective of 
        the Lighting Initiative with respect to organic white light 
        emitting diodes shall be to develop an organic white light 
        emitting diode with an efficiency of 100 lumens per watt with a 
        5-year lifetime that--
                    (A) illuminates over a full color spectrum;
                    (B) covers large areas over flexible surfaces; and
                    (C) does not contain harmful pollutants typical of 
                fluorescent lamps such as mercury.

SEC. 5. ADMINISTRATION.

    (a) Planning Board.--
            (1) In general.--The Secretary shall establish a planning 
        board, to be known as the ``Next Generation Lighting Initiative 
        Planning Board'', to assist the Secretary in developing and 
        implementing the Lighting Initiative.
            (2) Composition.--The planning board shall be composed of--
                    (A) 4 members from universities, national 
                laboratories, and other individuals with expertise in 
                white lighting, to be appointed by the Secretary; and
                    (B) 3 members nominated by the consortium and 
                appointed by the Secretary.
            (3) Study.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the planning board shall 
                complete a study on strategies for the development and 
                implementation of white light emitting diodes.
                    (B) Requirements.--The study shall--
                            (i) develop a comprehensive strategy to 
                        implement, through the Lighting Initiative, the 
                        use of white light emitting diodes to increase 
                        energy efficiency and enhance United States 
                        competitiveness; and
                            (ii) identify the research and development, 
                        manufacturing, deployment, and marketing 
                        barriers that must be overcome to achieve a 
                        goal of a 25 percent market penetration by 
                        white light emitting diode technologies into 
the incandescent and fluorescent lighting markets by the year 2012.
                    (C) Implementation.--As soon as practicable after 
                the study is submitted to the Secretary, the Secretary 
                shall implement the Lighting Initiative in accordance 
                with the recommendations of the planning board.
    (b) Consortium.--
            (1) In general.--The Secretary shall solicit the 
        establishment of a consortium, to be known as the ``Next 
        Generation Lighting Initiative Consortium'', to initiate and 
        manage basic and manufacturing related research contracts on 
        white light emitting diodes for the Lighting Initiative.
            (2) Composition.--The consortium may be composed of firms, 
        national laboratories, and other entities so that the 
        consortium is representative of the United States solid state 
        lighting industry as a whole.
            (3) Funding.--The consortium shall be funded by--
                    (A) membership fees; and
                    (B) grants provided under section 6.

SEC. 6. GRANT PROGRAM.

    (a) In General.--The Secretary shall make grants to firms, the 
consortium, and research organizations to conduct research, 
development, and demonstration projects related to white light emitting 
diode technologies.
    (b) Requirements.--To be eligible to receive a grant under this 
section, a consortium shall--
            (1) enter into a consortium participation agreement that--
                    (A) is agreed to by all members; and
                    (B) describes the responsibilities of participants, 
                membership fees, and the scope of research activities; 
                and
            (2) develop a Lighting Initiative annual program plan.
    (c) Annual Review.--
            (1) In general.--An annual independent review of firms, the 
        consortium, and research organizations receiving a grant under 
        this section shall be conducted by--
                    (A) a committee appointed by the Secretary under 
                the Federal Advisory Committee Act (5 U.S.C. App.); or
                    (B) a committee appointed by the National Academy 
                of Sciences.
            (2) Requirements.--Using clearly defined standards 
        established by the Secretary, the review shall assess 
        technology advances and commercial applicability of--
                    (A) the activities of the firms, consortium, or 
                research organizations during each fiscal year of the 
                grant program; and
                    (B) the goals of the firms, consortium, or research 
                organizations for the next fiscal year in the annual 
                program plan developed under subsection (b)(2).
    (d) Allocation and Cost Sharing.--
            (1) In general.--The amount of funds made available for any 
        fiscal year to provide grants under this section shall be 
        allocated in accordance with paragraphs (2) and (3).
            (2) Research projects.--Funding for basic and manufacturing 
        research projects shall be allocated to the consortium.
            (3) Development, deployment, and demonstration projects.--
        Funding for development, deployment, and demonstration projects 
        shall be allocated to members of the consortium.
            (4) Cost sharing.--Non-federal cost sharing shall be in 
        accordance with section 3002 of the Energy Policy Act of 1992 
        (42 U.S.C. 13542).
    (e) Technical and Financial Assistance.--The national laboratories 
and other pertinent Federal agencies shall cooperate with and provide 
technical and financial assistance to firms, the consortium, and 
research organizations conducting research, development, and 
demonstration projects carried out under this section.
    (f) Audits.--
            (1) In general.--The Secretary shall retain an independent, 
        commercial auditor to determine the extent to which funds made 
        available under this Act have been expended in a manner that is 
        consistent with the objectives under section 4(b) and the 
        annual operating plan of the consortium developed under 
        subsection (b)(2).
            (2) Reports.--The auditor shall submit to Congress, the 
        Secretary, and the Comptroller General of the United States an 
        annual report containing the results of the audit.
    (g) Applicable Law.--The Lighting Initiative shall not be subject 
to the Federal Acquisition Regulation.

SEC. 7. PROTECTION OF INFORMATION.

    Information obtained by the Federal Government on a confidential 
basis under this Act shall be considered to constitute trade secrets 
and commercial or financial information obtained from a person and 
privileged or confidential under section 552(b)(4) of title 5, United 
States Code.

SEC. 8. INTELLECTUAL PROPERTY.

    Members of the consortium shall have royalty-free nonexclusive 
rights to use intellectual property derived from consortium research 
conducted under this Act.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act--
            (1) $30,000,000 for fiscal year 2002; and
            (2) $50,000,000 for each of fiscal years 2003 through 2011.
    (b) Availability.--Amounts made available under this section shall 
remain available until expended.
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