Page:United States Statutes at Large Volume 119.djvu/877

 PUBLIC LAW 109–58—AUG. 8, 2005

119 STAT. 859

research, development, demonstration, and commercial application activities related to advanced solid-state lighting technologies based on white light emitting diodes. (c) OBJECTIVES.—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) INDUSTRY ALLIANCE.—Not later than 90 days after the date of enactment of this Act, 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) RESEARCH.— (1) GRANTS.—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) INDUSTRY ALLIANCE.—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) AVAILABILITY TO PUBLIC.—The information and roadmaps under paragraph (2) shall be available to the public. (f) DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL APPLICATION.— (1) IN GENERAL.—The Secretary 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 may give preference to participants in the Industry Alliance. (g) COST SHARING.—In carrying out this section, the Secretary shall require cost sharing in accordance with section 988. (h) INTELLECTUAL PROPERTY.—The Secretary may require (in accordance with section 202(a)(ii) of title 35, United States Code, section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182), and section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5908)) 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;

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