§ 12002. Definitions

Footnotes

1. 1 So in original. Probably should be “; and”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1989

   Pub. L. 101–218 § 3 · 103 Stat. 1859

   Enacted · 42 U.S.C. § 12002

   Pub. L. 101–218, § 3, Dec. 11, 1989, 103 Stat. 1859

   Source evidence

   Code source credit
   Pub. L. 101–218, § 3, Dec. 11, 1989, 103 Stat. 1859

   Enacted provision · exact public law section
   SEC. 3. DEFINITIONS. As used in this Act— (1) the term “invention” means an invention or discovery that is patented or for which a patent may be obtained under title 35, United States Code, or any novel variety of plant that is protected or for which plant variety protection may be obtained under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.) and that is conceived or reduced to practice as a result of work under an agreement entered into under this Act; (2) “joint venture” means any agreement entered into under this Act by the Secretary with more than one or a consortium of non-Federal persons (including a joint venture under the National Cooperative Research Act of 1984 (15 U.S.C. 4301 et seq.)) for cost-shared research, development, or demonstration of technologies, but does not include procurement contracts, grant agreements, or cooperative agreements as those terms are used in sections 6303, 6304, and 6305 of title 31, United States Code; (3) the term “non-Federal person” means an entity located in the United States, the controlling interest (as defined by the Secretary) of which is held by persons of the United States, including— (A) a for-profit business; (B) a private foundation; (C) a nonprofit organization such as a university; (D) a trade or professional society; and (E) a unit of State or local government; (4) the term “Secretary” means the Secretary of Energy; (5) the term “small business”, with respect to a participant in any joint venture under this Act, means a private firm that does not exceed the numerical size standard promulgated by the Small Business Administration under section 3(a) of the Small Business Act (15 U.S.C. 632(a)) for the Standard Industrial Classification (SIC) code designated by the Secretary of Energy as the primary business activity to be undertaken in the venture; and (6) the term “United States” means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other Commonwealth, territory, or possession of the United States.

2. 1992

   Energy Policy Act of 1992

   Pub. L. 102–486 title XII § 1202(d)(4) · 106 Stat. 2776

   1. Redesignated · 42 U.S.C. § 12002(2)(5)

      Pub. L. 102–486 redesignated pars. (3) to (5) as (2) to (4), respectively, in par. (4) substituted “any demonstration and commercial application project” for “any joint venture” and “in the demonstration and commercial application project;” for “in the venture; and”

   2. Added · 42 U.S.C. § 12002(2)(5)

      Pub. L. 102–486 added par. (5)

   3. Struck · 42 U.S.C. § 12002(2)(5)

      Pub. L. 102–486 struck out former par. (2) which read as follows: “ ‘joint venture’ means any agreement entered into under this chapter by the Secretary with more than one or a consortium of non-Federal persons (including a joint venture under the National Cooperative Research Act of 1984 (15 U.S.C. 4301 et seq.)) for cost-shared research, development, or demonstration of technologies, but does not include procurement contracts, grant agreements, or cooperative agreements as those terms are used in sections 6303, 6304, and 6305 of title 31;”

   Source evidence

   Code amendment note
   Pars. (2) to (5). Pub. L. 102–486 redesignated pars. (3) to (5) as (2) to (4), respectively, in par. (4) substituted “any demonstration and commercial application project” for “any joint venture” and “in the demonstration and commercial application project;” for “in the venture; and”, added par. (5), and struck out former par. (2) which read as follows: “ ‘joint venture’ means any agreement entered into under this chapter by the Secretary with more than one or a consortium of non-Federal persons (including a joint venture under the National Cooperative Research Act of 1984 (15 U.S.C. 4301 et seq.)) for cost-shared research, development, or demonstration of technologies, but does not include procurement contracts, grant agreements, or cooperative agreements as those terms are used in sections 6303, 6304, and 6305 of title 31;”.

   Enacted provision · exact public law section
   (4) in section 3— (A) by striking paragraph (2); (B) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; (C) in paragraph (4), as so redesignated by subparagraph (B) of this paragraph— (i) by striking “joint venture” and inserting in lieu thereof “demonstration and commercial application project”; (ii) by striking “venture” and inserting in lieu thereof “demonstration and commercial application project”; and (iii) by striking “and” at the end thereof; and (D) by inserting after paragraph (4), as so redesignated by subparagraph (B) of this paragraph, the following new paragraph: “(5) the term ‘source reduction’ means any practice which— “(A) reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise released into the environment, including fugitive emissions, prior to recycling, treatment, or disposal; and “(B) reduces the hazards to the public health and the environment associated with the release of such substances, pollutants, or contaminants, including equipment or technology modifications, process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training, and inventory control, but not including any practice which alters the physical, chemical, or biological characteristics or the volume of a hazardous substance, pollutant, or contaminant through a process or activity which itself is not integral to and necessary for the production of a product or the providing of a service;”; and

4 of 4 references resolved to an enrolled provision