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Title 42 — The Public Health and Welfare

Chapter 16 — National Science Foundation

§ 1869. Scholarships and graduate fellowships

Statutory text

(a)

In general

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 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 and as will address national workforce demand in critical STEM fields. 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.

(b)

Amount

The Director shall establish for each year the amount to be awarded for scholarships and fellowships under this section for that year. Each such scholarship and fellowship shall include a cost of education allowance of at least $16,000, subject to any restrictions on the use of cost of education allowance as determined by the Director.

(c)

Outreach

The Director shall ensure program outreach to recruit fellowship applicants from fields of study that are in areas of critical national need from all regions of the country, and from historically underrepresented populations in STEM.

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. National Science Foundation Act of 1950

    Pub. L. 81–171 § 10 · 64 Stat. 149

    Enacted · 42 U.S.C. § 1869

    May 10, 1950, ch. 171, § 10, 64 Stat. 152

    Source evidence

    Code source credit
    May 10, 1950, ch. 171, § 10, 64 Stat. 152

    Enacted provision · exact public law section
    Sec. 10. scholarships and graduate fellowships The Foundation is authorized to award, within the limits of funds made available specifically for such purpose pursuant to section Pott, p. 157. 16, scholarships and graduate fellowships tor scientific study or scientific work in the mathematical, physical, medical, biological, engineering, and other sciences at accredited nonprofit American or nonprofit foreign institutions of higher education, selected by the recipient of such aid, for stated periods of time. Persons shall be selected for such scholarships and fellowships from among citizens 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 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 among the States, Territories, possessions, and the District of Columbia.

  2. Pub. L. 86–232 § 5 · 73 Stat. 467

    1. Substituted · 42 U.S.C. § 1869

      Pub. L. 86–232 substituted “appropriate” for “accredited”

    2. Struck · 42 U.S.C. § 1869

      Pub. L. 86–232 struck out “of higher education” after “foreign institutions”

    Source evidence

    Code amendment note
    Pub. L. 86–232 substituted “appropriate” for “accredited” and struck out “of higher education” after “foreign institutions”.

    Enacted provision · exact public law section
    Sec. 5. Section 10 of the National Science Foundation Act of 1950, as amended, is amended to read as follows: Scholarships and fellowships. “The Foundation is authorized to award, within the limits of funds made available specifically for such purpose pursuant to section 17, scholarships and graduate fellowships for scientific study or scientific work in the mathematical, physical, medical, biological, engineering, and other sciences 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 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 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 among the States, Territories, possessions, and the District of Columbia.”

  3. Pub. L. 86–550 · 74 Stat. 256

    Changed · 42 U.S.C. § 1869

    Pub. L. 86–550 authorized the selection of nationals for scholarships and fellowships

    Source evidence

    Code amendment note
    Pub. L. 86–550 authorized the selection of nationals for scholarships and fellowships.

  4. Pub. L. 87–835 § 2 · 76 Stat. 1069

    Changed · 42 U.S.C. § 1869

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    Sec. 2. Section 10 of the National Science Foundation Act of 1950 is amended by adding at the end thereof the following new sentence: “Nothing contained in this Act 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.”

  5. Pub. L. 90–407 § 8 · 82 Stat. 360

    1. Inserted · 42 U.S.C. § 1869

      Pub. L. 90–407 inserted social sciences to the enumerated list of sciences

    2. Substituted · 42 U.S.C. § 1869

      Pub. L. 90–407 substituted “throughout the United States” for “among the States, Territories, possessions, and the District of Columbia”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    Sec. 8. Section 10 of the National Science Foundation Act of 1950 is amended— (1) by inserting “social,” after “engineering,”; and (2) by striking out “among the States, Territories, possessions, and the District of Columbia” and inserting in lieu thereof “throughout the United States”.

  6. National Science Foundation Authorization Act for Fiscal Year 1986

    Pub. L. 99–159 title I § 110(a)(13) · 99 Stat. 887

    Substituted · 42 U.S.C. § 1869

    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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (13) The first sentence of section 10 (42 U.S.C. 1869) is amended by striking out “scientific study or scientific work in the mathematical, physical, medical, biological, engineering, social, and other sciences” and inserting in lieu thereof “study and research in the sciences or in engineering”.

  7. Pub. L. 99–383 § 7(c) · 100 Stat. 813

    Struck · 42 U.S.C. § 1869

    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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (c) Section 10 of the National Science Foundation Act of 1950 (42 U.S.C. 1869) is amended by striking out “, within the limits of funds made available specifically for such purpose pursuant to section 16,”.

  8. Excellence in Mathematics, Science and Engineering Education Act of 1990

    Pub. L. 101–589 title III § 302(c) · 104 Stat. 2881

    Substituted · 42 U.S.C. § 1869

    Pub. L. 101–589 substituted “, nationals or lawfully admitted permanent resident aliens” for “or nationals” in second sentence

    Source evidence

    Code amendment note
    Pub. L. 101–589 substituted “, nationals or lawfully admitted permanent resident aliens” for “or nationals” in second sentence.

    Enacted provision · exact public law section
    (c) Graduate Fellowships.— Section 10 of the National Science Foundation Act of 1950 is amended in the second sentence by 42 USC 1869. striking “or nationals” and inserting “, nationals or lawfully admitted permanent resident aliens”.

  9. National Science Foundation Authorization Act of 2010

    Pub. L. 111–358 title V § 510(d) · 124 Stat. 3982

    1. Amended · 42 U.S.C. § 1869

      Pub. L. 111–358 designated existing provisions as subsec. (a)

    2. Inserted · 42 U.S.C. § 1869

      Pub. L. 111–358 inserted heading

    3. Added · 42 U.S.C. § 1869

      Pub. L. 111–358 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 111–358 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

    Enacted provision · exact public law section
    (d) Cost of Education Allowance for GRF Program.— Section 10 of the National Science Foundation Act of 1950 (42 U.S.C. 1869) is amended— (1) by inserting “(a) In General.—” before “The Foundation is authorized”; and (2) by adding at the end the following: “(b) Amount.— The Director shall establish for each year the amount to be awarded for scholarships and fellowships under this section for that year. Each such scholarship and fellowship shall include a cost of education allowance of $12,000, subject to any restrictions on the use of cost of education allowance as determined by the Director.” .

  10. Research and Development, Competition, and Innovation Act

    Pub. L. 117–167 § 10313(b)(2)(A) · 136 Stat. 1366

    Inserted · 42 U.S.C. § 1869(a)

    Pub. L. 117–167, § 10313(b)(2)(A), inserted “and as will address national workforce demand in critical STEM fields” after “throughout the United States”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 117–167, § 10313(b)(2)(A), inserted “and as will address national workforce demand in critical STEM fields” after “throughout the United States”.

    Enacted provision · exact public law section
    (A) in subsection (a), by inserting “and as will address national workforce demand in critical STEM fields” after “throughout the United States”;

  11. Research and Development, Competition, and Innovation Act

    Pub. L. 117–167 § 10313(b)(2)(B) · 136 Stat. 1366

    Substituted · 42 U.S.C. § 1869(b)

    Pub. L. 117–167, § 10313(b)(2)(B), substituted “of at least $16,000” for “of $12,000”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 117–167, § 10313(b)(2)(B), substituted “of at least $16,000” for “of $12,000”.

    Enacted provision · exact public law section
    (B) in subsection (b), by striking “of $12,000” and inserting “of at least $16,000”; and

  12. Research and Development, Competition, and Innovation Act

    Pub. L. 117–167 § 10313(b)(2)(C) · 136 Stat. 1366

    Added · 42 U.S.C. § 1869(c)

    Pub. L. 117–167, § 10313(b)(2)(C), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 117–167, § 10313(b)(2)(C), added subsec. (c).

    Enacted provision · exact public law section
    (C) by adding at the end the following: “(c) Outreach.— The Director shall ensure program outreach to recruit fellowship applicants from fields of study that are in areas of critical national need from all regions of the country, and from historically underrepresented populations in STEM.” .

15 of 16 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1959–2022 · 9 rounds

2022

Subsec. (a). Pub. L. 117–167, § 10313(b)(2)(A), inserted “and as will address national workforce demand in critical STEM fields” after “throughout the United States”.

Subsec. (b). Pub. L. 117–167, § 10313(b)(2)(B), substituted “of at least $16,000” for “of $12,000”.

Subsec. (c). Pub. L. 117–167, § 10313(b)(2)(C), added subsec. (c).

2011

Pub. L. 111–358 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

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”.

Statutory Notes and Related Subsidiaries

Graduate Student Support

Pub. L. 111–358, title V, § 510(a), (b), , 124 Stat. 4010, provided that:

“(a)

Finding.—

The Congress finds that—

“(1)

the Integrative Graduate Education and Research Traineeship program is an important program for training the next generation of scientists and engineers in team-based interdisciplinary research and problem solving, and for providing them with the many additional skills, such as communication skills, needed to thrive in diverse STEM careers; and

“(2)

the Integrative Graduate Education and Research Traineeship program is no less valuable to the preparation and support of graduate students than the Foundation’s Graduate Research Fellowship program.

“(b)

Equal Treatment of IGERT and GRF.—

Beginning in fiscal year 2011, the Director shall increase or, if necessary, decrease funding for the Foundation’s Integrative Graduate Education and Research Traineeship program (or any program by which it is replaced) at least at the same rate as it increases or decreases funding for the Graduate Research Fellowship program.”

[For definitions of terms used in section 510(a), (b) of Pub. L. 111–358, set out above, see section 2 of Pub. L. 111–358, set out as a note under section 6621 of this title, and section 502 of Pub. L. 111–358, set out as a note under section 1862p 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.

Credits

1950–2022 · 10 acts
  1. 1950May 10, 1950, ch. 171, § 10, 64 Stat. 152
  2. 1959Pub. L. 86–232, § 5, , 73 Stat. 468
  3. 1960Pub. L. 86–550, , 74 Stat. 256
  4. 1962Pub. L. 87–835, § 2, , 76 Stat. 1070
  5. 1968Pub. L. 90–407, § 8, , 82 Stat. 364
  6. 1985Pub. L. 99–159, title I, § 110(a)(13), , 99 Stat. 891
  7. 1986Pub. L. 99–383, § 7(c), , 100 Stat. 814
  8. 1990Pub. L. 101–589, title III, § 302(c), , 104 Stat. 2895
  9. 2011Pub. L. 111–358, title V, § 510(d), , 124 Stat. 4010
  10. 2022Pub. L. 117–167, div. B, title III, § 10313(b)(2), , 136 Stat. 1524.
Show as published

(May 10, 1950, ch. 171, § 10, 64 Stat. 152; Pub. L. 86–232, § 5, , 73 Stat. 468; Pub. L. 86–550, , 74 Stat. 256; Pub. L. 87–835, § 2, , 76 Stat. 1070; Pub. L. 90–407, § 8, , 82 Stat. 364; Pub. L. 99–159, title I, § 110(a)(13), , 99 Stat. 891; Pub. L. 99–383, § 7(c), , 100 Stat. 814; Pub. L. 101–589, title III, § 302(c), , 104 Stat. 2895; Pub. L. 111–358, title V, § 510(d), , 124 Stat. 4010; Pub. L. 117–167, div. B, title III, § 10313(b)(2), , 136 Stat. 1524.)

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