General Authority of Foundation

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 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
section 1101(a) of title 8), an alien admitted
as a refugee under section 1157 of title 8, or
an alien lawfully admitted to the United
States for permanent residence;
(ii) shall prepare and submit to the Director an application at such time, in such
manner, and containing such information as
the Director may require; and
(iii) shall certify to the Director that the
individual intends to use amounts received
under the scholarship to enroll or continue
enrollment at an institution of higher education (as defined in section 1001(a) of title
20) in order to pursue an associate, undergraduate, or graduate level degree in mathematics, engineering, computer science, or
other technology and science programs designated by the Director.
(B) Ability
Awards of scholarships under this section
shall be made by the Director solely on the
basis of the ability of the applicant, except
that in any case in which 2 or more applicants
for scholarships are deemed by the Director to
be possessed of substantially equal ability, and
there are not sufficient scholarships available
to grant one to each of such applicants, the
available scholarship or scholarships shall be
awarded to the applicants in a manner that

§ 1870

will tend to result in a geographically wide
distribution throughout the United States of
recipients’ places of permanent residence.
(3) Limitation
The amount of a scholarship awarded under
this section shall be determined by the Director,
except that the Director shall not award a scholarship in an amount exceeding $10,000 per year.
The Director may renew scholarships for up to 4
years.
(4) Funding
The Director shall carry out this section only
with funds made available under section
1356(s)(3) of title 8. The Director may use no
more than 50 percent of such funds for undergraduate programs for curriculum development,
professional and workforce development, and to
advance technological education. Funds for
these other programs may be used for purposes
other than scholarships.
(5) Federal Register
Not later than 60 days after December 8, 2004,
the Director shall publish in the Federal Register a list of eligible programs of study.
(Pub. L. 105–277, div. C, title IV, § 414(d), Oct. 21,
1998, 112 Stat. 2681–653; Pub. L. 106–313, title I,
§ 110(b), Oct. 17, 2000, 114 Stat. 1256; Pub. L.
108–447, div. J, title IV, § 429, Dec. 8, 2004, 118
Stat. 3360.)
REFERENCES IN TEXT
Section 1157 of title 8, referred to in par. (2)(A)(i), was
in the original ‘‘section 207 of the Immigration and Nationality’’, and was translated as reading section 207 of
the Immigration and Nationality Act to reflect the
probable intent of Congress.
CODIFICATION
Section was enacted as part of the American Competitiveness and Workforce Improvement Act of 1998,
and also as part of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999, and
not as part of the National Science Foundation Act of
1950 which comprises this chapter.
AMENDMENTS
2004—Par. (2)(A)(iii). Pub. L. 108–447, § 429(a), substituted ‘‘computer science, or other technology and
science programs designated by the Director’’ for ‘‘or
computer science’’.
Par. (3). Pub. L. 108–447, § 429(b), substituted ‘‘$10,000
per year’’ for ‘‘$3,125 per year’’.
Par. (4). Pub. L. 108–447, § 429(c), inserted at end ‘‘The
Director may use no more than 50 percent of such funds
for undergraduate programs for curriculum development, professional and workforce development, and to
advance technological education. Funds for these other
programs may be used for purposes other than scholarships.’’
Par. (5). Pub. L. 108–447, § 429(d), added par. (5).
2000—Par. (3). Pub. L. 106–313 substituted ‘‘$3,125 per
year. The Director may renew scholarships for up to 4
years’’ for ‘‘$2,500 per year.’’
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment by Pub. L. 108–447 effective 90 days after
Dec. 8, 2004, see section 430(a) of Pub. L. 108–447, set out
as a note under section 1182 of Title 8, Aliens and Nationality.

§ 1870. General authority of Foundation
The Foundation shall have the authority,
within the limits of available appropriations, to

§ 1870a

TITLE 42—THE PUBLIC HEALTH AND WELFARE

do all things necessary to carry out the provisions of this chapter, including, but without
being limited thereto, the authority—
(a) to prescribe such rules and regulations as
it deems necessary governing the manner of
its operations and its organization and personnel;
(b) to make such expenditures as may be
necessary for administering the provisions of
this chapter;
(c) to enter into contracts or other arrangements, or modifications thereof, for the carrying on, by organizations or individuals in the
United States and foreign countries, including
other government agencies of the United
States and of foreign countries, of such scientific or engineering activities as the Foundation deems necessary to carry out the purposes of this chapter, and, at the request of
the Secretary of State or Secretary of Defense, specific scientific or engineering activities in connection with matters relating to
international cooperation or national security, and, when deemed appropriate by the
Foundation, such contracts or other arrangements, or modifications thereof may be entered into without legal consideration, without performance or other bonds, and without
regard to section 6101 of title 41;
(d) to make advance, progress, and other
payments which relate to scientific or engineering activities without regard to the provisions of section 3324(a) and (b) of title 31;
(e) to acquire by purchase, lease, loan, gift,
or condemnation, and to hold and dispose of by
grant, sale, lease, or loan, real and personal
property of all kinds necessary for, or resulting from, the exercise of authority granted by
this chapter;
(f) to receive and use funds donated by others, if such funds are donated without restriction other than that they be used in furtherance of one or more of the general purposes of
the Foundation, except that funds may be donated for specific prize competitions for ‘‘basic
research’’ as defined in the Office of Management and Budget Circular No. A–11;
(g) to publish or arrange for the publication
of scientific and engineering information so as
to further the full dissemination of information of scientific or engineering value consistent with the national interest, without regard
to the provisions of section 501 of title 44;
(h) to accept and utilize the services of voluntary and uncompensated personnel and to
provide transportation and subsistence as authorized by section 5703 of title 5 for persons
serving without compensation;
(i) to prescribe, with the approval of the
Comptroller General of the United States, the
extent to which vouchers for funds expended
under contracts for scientific or engineering
research shall be subject to itemization or
substantiation prior to payment, without regard to the limitations of other laws relating
to the expenditure of public funds and accounting therefor;
(j) to arrange with and reimburse the heads
of other Federal agencies for the performance
of any activity which the Foundation is authorized to conduct; and

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(k) during the 5-year period beginning on
August 21, 1986, to indemnify grantees, contractors, and subcontractors associated with
the Ocean Drilling Program under the provisions of section 2354 of title 10 with all approvals and certifications required by such indemnification made by the Director.
(May 10, 1950, ch. 171, § 11, 64 Stat. 153; Pub. L.
86–232, § 6, Sept. 8, 1959, 73 Stat. 468; Pub. L.
90–407, § 9, July 18, 1968, 82 Stat. 365; Pub. L.
99–159, title I, § 110(a)(14), Nov. 22, 1985, 99 Stat.
891; Pub. L. 99–383, § 7(d), Aug. 21, 1986, 100 Stat.
814; Pub. L. 110–69, title VII, § 7023, Aug. 9, 2007,
121 Stat. 686.)
CODIFICATION
In subsec. (c), ‘‘section 6101 of title 41’’ substituted for
‘‘section 3709 of the Revised Statutes’’ on authority of
Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which
Act enacted Title 41, Public Contracts.
In subsec. (d), ‘‘section 3324(a) and (b) of title 31’’ substituted for ‘‘section 3648 of the Revised Statutes (31
U.S.C., sec. 529)’’ on authority of Pub. L. 97–258, § 4(b),
Sept. 13, 1982, 96 Stat. 1067, the first section of which
enacted Title 31, Money and Finance.
In subsec. (g), ‘‘section 501 of title 44’’ substituted for
‘‘section 87 of the Act of January 12, 1895 (28 Stat. 622),
and section 11 of the Act of March 1, 1919 (40 Stat. 1270;
44 U.S.C., sec. 111)’’ on authority of Pub. L. 90–620, § 2(b),
Oct. 22, 1968, 82 Stat. 1305, the first section of which enacted Title 44, Public Printing and Documents.
AMENDMENTS
2007—Subsec. (f). Pub. L. 110–69 inserted before semicolon at end ‘‘, except that funds may be donated for
specific prize competitions for ‘basic research’ as defined in the Office of Management and Budget Circular
No. A–11’’.
1986—Subsec. (k). Pub. L. 99–383 added subsec. (k).
1985—Subsecs. (c), (d). Pub. L. 99–159, § 110(a)(14)(A),
inserted references to engineering.
Subsec. (g). Pub. L. 99–159, § 110(a)(14)(B), (C), substituted ‘‘engineering’’ for ‘‘technical’’ and inserted
reference to engineering value.
Subsec. (i). Pub. L. 99–159, § 110(a)(14)(A), inserted applicability to engineering.
1968—Subsec. (c). Pub. L. 90–407, § 9(a), substituted
‘‘scientific activities’’ for ‘‘basic scientific research activities’’ and ‘‘scientific research activities’’, ‘‘international cooperation or national security’’ for ‘‘national defense’’, and inserted ‘‘Secretary of State’’ after
‘‘at the request of the’’.
Subsec. (d). Pub. L. 90–407, § 9(b), substituted ‘‘activities’’ for ‘‘research’’.
Subsec. (h). Pub. L. 90–407, § 9(c), substituted ‘‘section
5703 of title 5’’ for ‘‘section 5 of the Act of August 2, 1946
(5 U.S.C. 73b–2)’’.
Subsec. (j). Pub. L. 90–407, § 9(d), added subsec. (j).
1959—Subsec. (e). Pub. L. 86–232 included acquisition
of property by condemnation.
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.

§ 1870a. Buy-American requirements
(a) Award of contracts
The Director shall, to the maximum extent
practicable and consistent with current law,
award to domestic firms any contracts for the
purchase of goods and services intended for direct use by the Foundation.