### §18901. Definitions

In this division:

#### (1) Artificial intelligence

The term "artificial intelligence" or "AI" has the meaning given such term in section 9401 of title 15.

#### (2) Awardee

The term "awardee" means the legal entity to which Federal assistance is awarded and that is accountable to the Federal Government for the use of the funds provided.

#### (3) Award personnel

The term "award personnel" means principal investigators and co-principal investigators, faculty, postdoctoral researchers, and other employees supported by a grant, cooperative agreement, or contract under Federal law.

#### (4) Biomanufacturing

The term "biomanufacturing" means the utilization of biological systems to develop new and advance existing products, tools, and processes at commercial scale.

#### (5) Emerging research institution

The term "emerging research institution" means an institution of higher education with an established undergraduate or graduate program that has less than $50,000,000 in Federal research expenditures.

#### (6) Engineering biology

The term "engineering biology" means the application of engineering design principles and practices to biological systems, including molecular and cellular systems, to advance fundamental understanding of complex natural systems and to enable novel or optimize functions and capabilities.

#### (7) EPSCoR

The term "EPSCoR" has the meaning given the term in section 502 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p note).

#### (8) EPSCoR institution

The term "EPSCoR institution" means an institution of higher education, nonprofit organization, or other institution located in a jurisdiction eligible to participate in the program under section 1862g of this title.

#### (9) Federal laboratory

The term "Federal laboratory" has the meaning given such term in section 3703 of title 15.

#### (10) Federal research agency

The term "Federal research agency" means any Federal agency with an annual extramural research expenditure of over $100,000,000 in fiscal year 2022 constant dollars.

#### (11) Foundation

The term "Foundation" means the National Science Foundation.

#### (12) Historically Black college and university

The term "historically Black college and university" has the meaning given the term "part B institution" in section 1061 of title 20.

#### (13) Institution of higher education

The term "institution of higher education" has the meaning given the term in section 1001(a) of title 20.

#### (14) Interagency working group on inclusion in STEM

The term "interagency working group on inclusion in STEM" means the interagency working group established by section 6626 of this title.

#### (15) Labor organization

The term "labor organization" has the meaning given the term in section 152(5) of title 29, except that such term shall also include—

(A) any organization composed of labor organizations, such as a labor union federation or a State or municipal labor body; and

(B) any organization which would be included in the definition for such term under such section 152(5) of title 29 but for the fact that the organization represents—

(i) individuals employed by the United States, any wholly owned Government corporation, any Federal Reserve Bank, or any State or political subdivision thereof;

(ii) individuals employed by persons subject to the Railway Labor Act (45 U.S.C. 151 et seq.); or

(iii) individuals employed as agricultural laborers.

#### (16) Low-income individual

The term "low-income individual" means an individual from a family whose taxable income for the preceding year did not exceed 150 percent of an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census.

#### (17) Manufacturing extension center

The term "manufacturing extension center" has the meaning given the term "Center" in section 278k(a) of title 15.

#### (18) Manufacturing USA institute

The term "Manufacturing USA institute" means a Manufacturing USA institute described in section 278s(d) of title 15.

#### (19) Minority-serving institution

The term "minority-serving institution" means a Hispanic-serving institution as defined in section 1101a(a) of title 20; an Alaska Native-serving institution or Native Hawaiian-serving institution as defined in section 1059d(b) of title 20; or a Predominantly Black institution, Asian American and Native American Pacific Islander-serving institution, or Native American-serving nontribal institution as defined in section 1067q(c) of title 20.

#### (20) National Academies

The term "National Academies" means the National Academies of Sciences, Engineering, and Medicine.

#### (21) Non-profit organization

The term "non-profit organization" means an organization which is described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title.

#### (22) PreK–12

The term "PreK–12" means pre-kindergarten through grade 12.

#### (23) Quantum information science

The term "quantum information science" has the meaning given such term in section 8801 of title 15.

#### (24) Recipient

The term "recipient" means an entity, usually a non-Federal entity, that receives a Federal award directly from a Federal research agency. The term "recipient" does not include entities that receive subawards or individuals that are the beneficiaries of the award.

#### (25) Research and development award

The term "research and development award" means support provided to an individual or entity by a Federal research agency to carry out research and development activities, which may include support in the form of a grant, contract, cooperative agreement, or other such transaction. The term does not include a grant, contract, agreement or other transaction for the procurement of goods or services to meet the administrative needs of a Federal research agency.

#### (26) Skilled technical work

The term "skilled technical work" means an occupation that requires a high level of knowledge in a technical domain and does not require a bachelor's degree for entry.

#### (27) STEM

The term "STEM" means science, technology, engineering, and mathematics, including computer science.

#### (28) STEM education

The term "STEM education" has the meaning given the term in section 2 of the STEM Education Act of 2015 (42 U.S.C. 6621 note).

#### (29) Technical standard

The term "technical standard" has the meaning given such term in section 12(d)(5) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note).

#### (30) Tribal College or University

The term "Tribal College or University" has the meaning given such term in section 1059c of title 20.

(Pub. L. 117–167, div. B, §10002, Aug. 9, 2022, 136 Stat. 1405.)

#### **Editorial Notes**

#### References in Text

This division, referred to in introductory provisions, is div. B of Pub. L. 117–167, Aug. 9, 2022, 136 Stat. 1399, which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of div. B to the Code, see Short Title note set out below and Tables.

Section 502 of the America COMPETES Reauthorization Act of 2010, referred to in par. (7), is section 502 of Pub. L. 111–358, which is set out as a note under section 1862p of this title.

The Railway Labor Act, referred to in par. (15)(B)(ii), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.

Section 2 of the STEM Education Act of 2015, referred to in par. (28), is section 2 of Pub. L. 114–59, which is set out as a note under section 6621 of this title.

Section 12(d)(5) of the National Technology Transfer and Advancement Act of 1995, referred to in par. (29), is section 12(d)(5) of Pub. L. 104–113, which defines "technical standards" and is set out as a note under section 272 of Title 15, Commerce and Trade.

#### **Statutory Notes and Related Subsidiaries**

#### Short Title

Pub. L. 117–167, div. B, §10001, Aug. 9, 2022, 136 Stat. 1405, provided that: "This division [div. B (§§10001–10862) of Pub. L. 117–167, see Tables for classification] may be cited as the 'Research and Development, Competition, and Innovation Act'."