
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12002]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
     CHAPTER 125--RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY 
                             COMPETITIVENESS
 
Sec. 12002. Definitions

    As used in this chapter--
        (1) the term ``invention'' means an invention or discovery that 
    is patented or for which a patent may be obtained under title 35, 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 chapter;
        (2) 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;

        (3) the term ``Secretary'' means the Secretary of Energy;
        (4) the term ``small business'', with respect to a participant 
    in any demonstration and commercial application project under this 
    chapter, means a private firm that does not exceed the numerical 
    size standard promulgated by the Small Business Administration under 
    section 632(a) of title 15 for the Standard Industrial 
    Classification (SIC) code designated by the Secretary of Energy as 
    the primary business activity to be undertaken in the demonstration 
    and commercial application project;
        (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; \1\
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    \1\ So in original. Probably should be ``; and''.
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        (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.

(Pub. L. 101-218, Sec. 3, Dec. 11, 1989, 103 Stat. 1859; Pub. L. 102-
486, title XII, Sec. 1202(d)(4), Oct. 24, 1992, 106 Stat. 2960.)

                       References in Text

    The Plant Variety Protection Act, referred to in par. (1), is Pub. 
L. 91-577, Dec. 24, 1970, 84 Stat. 1542, as amended, which is classified 
principally to chapter 57 (Sec. 2321 et seq.) of Title 7, Agriculture. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 2321 of Title 7 and Tables.


                               Amendments

    1992--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;''.
