42 U.s.c. 1869

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

Subsec. (b). Pub. L. 90–407, § 5, substituted provisions
that Board elect two members as members of Executive
Committee at its annual meeting, with period between
any two consecutive annual meetings to be deemed one
year, for provisions covering composition of Executive
Committee, setting forth a special one year term of office for four members first elected after May 10, 1950,
and directing that membership of Committee represent
diverse interests and areas. Provisions of former subsecs. (b)(2)(A) and (b)(5) were redesignated as subsecs.
(c) and (d), respectively.
Subsec. (c). Pub. L. 90–407, § 5, redesignated former
subsec. (b)(2)(A) as (c) and substituted ‘‘Any person
elected as a member of the Executive Committee’’ for
‘‘any member elected’’. Former subsec. (c), authorizing
the Board to appoint such additional committees as it
deems necessary, and to delegate to such committees
survey and advisory functions as it deems appropriate,
was struck out.
Subsec. (d). Pub. L. 90–407, § 5, redesignated former
subsec. (b)(5) as (d) and substituted ‘‘The Executive
Committee’’ for ‘‘Such Committee’’.
1959—Subsec. (a). Pub. L. 86–232 struck out prohibition against assignment to Executive Committee of
function of review and approval.
Subsec. (b)(1). Pub. L. 86–232 authorized Board to have
an Executive Committee consisting of from five to nine
members rather than fixed number of nine.
TRANSFER OF FUNCTIONS
Executive Committee of National Science Board appointed under provisions of this section abolished and
functions conferred by this section transferred to Executive Committee of National Science Board established
by Reorg. Plan No. 2 of 1962, see sections 21(e) and
23(a)(1) of Reorg. Plan No. 2 of 1962, eff. June 8, 1962, 27
F.R. 5419, 76 Stat. 1253, set out as a note under section
1861 of this title.
CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND
ORGANIZATION OF THE NATIONAL SCIENCE FOUNDATION
Amendment by Pub. L. 90–407 intended to continue in
effect the existing offices, procedures, and organization
of the Foundation, see section 16 of Pub. L. 90–407, set
out as a note under section 1862 of this title.

§ 1866. Divisions within Foundation
There shall be within the Foundation such Divisions as the Director, in consultation with the
Board, may from time to time determine.
(May 10, 1950, ch. 171, § 8, formerly § 7, 64 Stat.
152; renumbered § 8 and amended Pub. L. 90–407,
§§ 4, 6, July 18, 1968, 82 Stat. 363, 364.)
PRIOR PROVISIONS
A prior section 8 of act May 10, 1950, which was classified to section 1867 of this title, was repealed by Pub.
L. 90–407, § 4, July 18, 1968, 82 Stat. 363.
AMENDMENTS
1968—Pub. L. 90–407, § 6, substituted provisions that
there be within the Foundation such divisions as the
Director, in consultation with the Board, may from
time to time determine for provisions that, unless
otherwise provided by the Board, there be within the
Foundation a Division of Medical Research, a Division
of Mathematical, Physical, and Engineering Sciences, a
Division of Biological Sciences, a Division of Scientific
Personnel and Education, and such other divisions as
the Board deems necessary.
CONSOLIDATION OF DIRECTORATES
Pub. L. 96–516, § 18, Dec. 12, 1980, 94 Stat. 3009, directed
National Science Foundation to consolidate all Directorates, including Science Education Directorate,
under one roof, in present location of central administrative offices, on or before Aug. 1, 1982.

§ 1869

CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND
ORGANIZATION OF THE NATIONAL SCIENCE FOUNDATION
Amendment by Pub. L. 90–407 intended to continue in
effect the existing offices, procedures, and organization
of the Foundation, see section 16 of Pub. L. 90–407, set
out as a note under section 1862 of this title.

§ 1867. Repealed. Pub. L. 90–407, § 4, July 18, 1968,
82 Stat. 363
Section, act May 10, 1950, ch. 171, § 8, 64 Stat. 152, authorized a committee for each division of the Foundation, and provided for the composition, terms of office,
chairmenship, rules of procedure, and powers and duties of each divisional committee.
CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND
ORGANIZATION OF THE NATIONAL SCIENCE FOUNDATION
Amendment by Pub. L. 90–407 intended to continue in
effect the existing offices, procedures, and organization
of the Foundation, see section 16 of Pub. L. 90–407, set
out as a note under section 1862 of this title.

§ 1868. Special commissions
(a) Each special commission established under
section 1863(h) of this title shall be appointed by
the Board and shall consist of such members as
the Board considers appropriate.
(b) Special commissions may be established to
study and make recommendations to the Foundation on issues relating to research and education in science and engineering.
(May 10, 1950, ch. 171, § 9, 64 Stat. 152; Pub. L.
90–407, § 7, July 18, 1968, 82 Stat. 364; Pub. L.
99–159, title I, § 109(d), Nov. 22, 1985, 99 Stat. 889.)
AMENDMENTS
1985—Pub. L. 99–159 amended section generally. Prior
to amendment, section read as follows:
‘‘(a) Each special commission established pursuant to
section 1863(i) of this title shall consist of eleven members appointed by the Board, six of whom shall be eminent scientists and five of whom shall be persons other
than scientists. Each special commission shall choose
its own chairman and vice chairman.
‘‘(b) It shall be the duty of each such special commission to make a comprehensive survey of research, both
public and private, being carried on in its field, and to
formulate and recommend to the Foundation at the
earliest practicable date an over-all research program
in its field.’’
1968—Subsec. (a). Pub. L. 90–407 substituted ‘‘section
1863(i) of this title’’ for ‘‘section 1862(a)(7) of this title’’.
CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND
ORGANIZATION OF THE NATIONAL SCIENCE FOUNDATION
Amendment by Pub. L. 90–407 intended to continue in
effect the existing offices, procedures, and organization
of the Foundation, see section 16 of Pub. L. 90–407, set
out as a note under section 1862 of this title.

§ 1869. Scholarships and graduate fellowships
The Foundation is authorized to award scholarships and graduate fellowships for study and
research in the sciences or in engineering at appropriate nonprofit American or nonprofit foreign institutions selected by the recipient of
such aid, for stated periods of time. Persons
shall be selected for such scholarships and fellowships from among citizens, nationals or lawfully admitted permanent resident aliens of the
United States, and such selections shall be made
solely on the basis of ability; but in any case in
which two or more applicants for scholarships or

§ 1869a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

fellowships, as the case may be, are deemed by
the Foundation to be possessed of substantially
equal ability, and there are not sufficient scholarships or fellowships, as the case may be, available to grant one to each of such applicants, the
available scholarship or scholarships or fellowship or fellowships shall be awarded to the applicants in such manner as will tend to result in a
wide distribution of scholarships and fellowships
throughout the United States. Nothing contained in this chapter shall prohibit the Foundation from refusing or revoking a scholarship or
fellowship award, in whole or in part, in the case
of any applicant or recipient, if the Board is of
the opinion that such award is not in the best
interests of the United States.
(May 10, 1950, ch. 171, § 10, 64 Stat. 152; Pub. L.
86–232, § 5, Sept. 8, 1959, 73 Stat. 468; Pub. L.
86–550, June 29, 1960, 74 Stat. 256; Pub. L. 87–835,
§ 2, Oct. 16, 1962, 76 Stat. 1070; Pub. L. 90–407, § 8,
July 18, 1968, 82 Stat. 364; Pub. L. 99–159, title I,
§ 110(a)(13), Nov. 22, 1985, 99 Stat. 891; Pub. L.
99–383, § 7(c), Aug. 21, 1986, 100 Stat. 814; Pub. L.
101–589, title III, § 302(c), Nov. 16, 1990, 104 Stat.
2895.)
AMENDMENTS
1990—Pub. L. 101–589 substituted ‘‘, nationals or lawfully admitted permanent resident aliens’’ for ‘‘or nationals’’ in second sentence.
1986—Pub. L. 99–383 struck out ‘‘, within the limits of
funds made available specifically for such purpose pursuant to section 1875 of this title,’’ after ‘‘The Foundation is authorized to award’’.
1985—Pub. L. 99–159 substituted ‘‘study and research
in the sciences or in engineering’’ for ‘‘scientific study
or scientific work in the mathematical, physical, medical, biological, engineering, social, and other sciences’’.
1968—Pub. L. 90–407 inserted social sciences to the
enumerated list of sciences, and substituted ‘‘throughout the United States’’ for ‘‘among the States, Territories, possessions, and the District of Columbia’’.
1962—Pub. L. 87–835 authorized the Foundation to
refuse or revoke a scholarship or fellowship award if
they believe such award is not in the best interests of
the United States.
1960—Pub. L. 86–550 authorized the selection of nationals for scholarships and fellowships.
1959—Pub. L. 86–232 substituted ‘‘appropriate’’ for
‘‘accredited’’ and struck out ‘‘of higher education’’
after ‘‘foreign institutions’’.
CONTINUATION OF EXISTING OFFICES, PROCEDURES, AND
ORGANIZATION OF THE NATIONAL SCIENCE FOUNDATION
Amendment by Pub. L. 90–407 intended to continue in
effect the existing offices, procedures, and organization
of the Foundation, see section 16 of Pub. L. 90–407, set
out as a note under section 1862 of this title.

§ 1869a. Contracts for precollege science or engineering curriculum development activities;
inspection of materials by parent or guardian
After August 9, 1975, the Director of the National Science Foundation, shall require, as a
condition of any award made by the National
Science Foundation for the purpose of precollege
science or engineering curriculum development
activities, that the awardee, and any subcontractors involved in the distribution, marketing, or selling of such science or engineering
curricula, shall include in any testing agreement, sales contract, or other comparable legal

Page 3846

instrument a provision requiring that all instructional materials, including teacher’s manuals, films, tapes, or other supplementary instructional materials developed or provided
under such award, subcontract, or other legal instrument, will be made available within the
school district using such materials for inspection by parents or guardians of children engaged
in educational programs or projects of that
school district. In addition, the Director of the
National Science Foundation shall take such action as may be necessary and feasible to modify
awards made for the purpose of precollege
science or engineering curriculum development
and implementation activities on or before August 9, 1975, to include such a provision in all
possible cases.
(Pub. L. 94–86, § 2(b), Aug. 9, 1975, 89 Stat. 428;
Pub. L. 99–159, title I, § 110(b), Nov. 22, 1985, 99
Stat. 892.)
CODIFICATION
Section was not enacted as part of the National
Science Foundation Act of 1950 which comprises this
chapter.
AMENDMENTS
1985—Pub. L. 99–159 inserted ‘‘or engineering’’ after
‘‘science’’ in three places.

§ 1869b. Issuance of instructions to grantees of
pre-college curriculum projects
The National Science Foundation is directed
to issue instructions to grantees for pre-college
curriculum projects covering the protection of
pre-college students and procedures for involving such students in pre-college education research and development, pilot-testing, evaluation, and revision of experimental and innovative pre-college curriculum projects funded by
the Foundation. These instructions shall require
such grantees to obtain written approval of the
school board or comparable authority responsible for the schools prior to the involvement of
such students.
(Pub. L. 95–99, § 8, formerly § 9, Aug. 15, 1977, 91
Stat. 833; renumbered § 8, Pub. L. 99–159, title I,
§ 109(h), Nov. 22, 1985, 99 Stat. 890.)
CODIFICATION
Section was not enacted as part of the National
Science Foundation Act of 1950 which comprises this
chapter.

§ 1869c. Low-income scholarship program
(1) Establishment
The Director of the National Science Foundation (referred to in this section as the ‘‘Director’’) shall award scholarships to low-income individuals to enable such individuals to pursue
associate, undergraduate, or graduate level degrees in mathematics, engineering, or computer
science.
(2) Eligibility
(A) In general
To be eligible to receive a scholarship under
this section, an individual—
(i) must be a citizen of the United States,
a national of the United States (as defined in