--- kind: "section" citation: "42 U.S.C. § 16192" title: "42" title_heading: "The Public Health and Welfare" number: "16192" heading: "Next Generation Lighting Initiative" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/16192" units: - "Chapter 149 — National Energy Policy and Programs" - "Subchapter IX — Research and Development" - "Part A — Energy Efficiency" --- # §16192. Next Generation Lighting Initiative - (a) **Definitions—** In this section: - (1) **Advanced solid-state lighting—** The term “advanced solid-[state](/usc/42/15951.md?p=b-2) lighting” means a semiconducting device package and delivery system that produces white light using externally applied voltage. - (2) **Industry Alliance—** The term “Industry Alliance” means an entity selected by the [Secretary](/usc/42/15801.md?p=4) under [subsection (d)](#d). - (3) **Initiative—** The term “Initiative” means the Next Generation Lighting Initiative carried out under this section. - (4) **Research—** The term “research” includes research on the technologies, materials, and manufacturing processes required for white light emitting diodes. - (5) **White light emitting diode—** 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) **Initiative—** The [Secretary](/usc/42/15801.md?p=4) 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](/usc/42/15951.md?p=b-2) lighting technologies based on white light emitting diodes. - (c) **Objectives—** The objectives of the Initiative shall be to develop advanced solid-[state](/usc/42/15951.md?p=b-2) 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) **Industry Alliance—** Not later than 90 days after August 8, 2005, the [Secretary](/usc/42/15801.md?p=4) 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](/usc/42/15951.md?p=b-2) lighting research, development, infrastructure, and manufacturing expertise as a whole. - (e) **Research—** - (1) **Grants—** The [Secretary](/usc/42/15801.md?p=4) 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](/usc/42/15801.md?p=3); and - (D) institutions of higher education. - (2) **Industry alliance—** The [Secretary](/usc/42/15801.md?p=4) shall annually solicit from the Industry Alliance— - (A) comments to identify solid-[state](/usc/42/15951.md?p=b-2) lighting technology needs; - (B) an assessment of the progress of the research activities of the Initiative; and - (C) assistance in annually updating solid-[state](/usc/42/15951.md?p=b-2) lighting technology roadmaps. - (3) **Availability to public—** The information and roadmaps under [paragraph (2)](#e-2) shall be available to the public. - (f) **Development, demonstration, and commercial application—** - (1) **In general—** The [Secretary](/usc/42/15801.md?p=4) shall carry out a development, demonstration, and commercial application program for the Initiative through competitively selected awards. - (2) **Preference—** In making the awards, the [Secretary](/usc/42/15801.md?p=4) may give preference to participants in the Industry Alliance. - (g) **Cost sharing—** In carrying out this section, the [Secretary](/usc/42/15801.md?p=4) shall require cost sharing in accordance with [section 16352 of this title](/usc/42/16352.md). - (h) **Intellectual property—** The [Secretary](/usc/42/15801.md?p=4) may require (in accordance with [section 202(a)(ii) of title 35](/usc/35/202.md), [section 2182 of this title](/usc/42/2182.md), and [section 5908 of this title](/usc/42/5908.md)) that for any new invention developed under [subsection (e)](#e)— - (1) that the Industry Alliance participants who are active participants in research, development, and demonstration activities related to the advanced solid-[state](/usc/42/15951.md?p=b-2) lighting technologies that are covered by this section shall be granted the first option to negotiate with the invention [owner](/usc/42/13641.md?p=4), at least in the field of solid-[state](/usc/42/15951.md?p=b-2) 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)](#h-1); and - (B) that, during the year described in [subparagraph (A)](#h-2-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)](#h-1); and - (3) such other terms as the [Secretary](/usc/42/15801.md?p=4) determines are required to promote accelerated commercialization of inventions made under the Initiative. - (i) **National Academy review—** The [Secretary](/usc/42/15801.md?p=4) shall enter into an arrangement with the National Academy of Sciences to conduct periodic reviews of the Initiative. ## Source credit (Pub. L. 109–58, title IX, § 912, Aug. 8, 2005, 119 Stat. 858.)