§5861 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The Director of the National Science Foundation may set up an endowed, private, nonprofit foundation after consulting with the director of the National Institute of Standards and Technology. The foundation’s job is to fund and support research and development with scientists and engineers in the independent states that used to be part of the Soviet Union. Its goals include creating local research jobs to reduce emigration, funding civilian U.S.–former‑Soviet joint projects to help convert defense work to peaceful uses, backing business-style joint ventures to build market economies, linking researchers to U.S. businesses so they learn commercial practices, and giving U.S. firms access to new technology, talent, and markets. The foundation must promote peaceful joint R&D and nondefense industrial projects that involve private industry and may include universities. Money already provided under subtitle E of title XIV of the National Defense Authorization Act for Fiscal Year 1993 (22 U.S.C. 5931) may be used to start the endowment and run the foundation. After fiscal year 1993, no more than 50 percent of U.S. government funding each year can come from the national defense budget (function 050). Each participating former‑Soviet state must make a minimum contribution to the endowment set by the Director. Local currency or other assets from government‑to‑government debt conversions or from U.S. assistance programs may be used if allowed by appropriations and agreement with the foreign government. Debt conversion means swapping external debt for local currency, policy steps, other assets, economic activities, or an equity interest. The foundation may invest U.S. assistance funds, but interest earned must be used only for the original purpose, and it may accept other government or non‑government funding.

Title 22, §5861

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)The Director of the National Science Foundation (hereinafter in this section referred to as the “Director”) is authorized to establish an endowed, nongovernmental, nonprofit foundation (hereinafter in this section referred to as the “Foundation”) in consultation with the Director of the National Institute of Standards and Technology.

(b)The purposes of the Foundation shall be the following:

(1)To provide productive research and development opportunities within the independent states of the former Soviet Union that offer scientists and engineers alternatives to emigration and help prevent the dissolution of the technological infrastructure of the independent states.

(2)To advance defense conversion by funding civilian collaborative research and development projects between scientists and engineers in the United States and in the independent states of the former Soviet Union.

(3)To assist in the establishment of a market economy in the independent states of the former Soviet Union by promoting, identifying, and partially funding joint research, development, and demonstration ventures between United States businesses and scientists, engineers, and entrepreneurs in those independent states.

(4)To provide a mechanism for scientists, engineers, and entrepreneurs in the independent states of the former Soviet Union to develop an understanding of commercial business practices by establishing linkages to United States scientists, engineers, and businesses.

(5)To provide access for United States businesses to sophisticated new technologies, talented researchers, and potential new markets within the independent states of the former Soviet Union.

(c)In carrying out its purposes, the Foundation shall—

(1)promote and support joint research and development projects for peaceful purposes between scientists and engineers in the United States and independent states of the former Soviet Union on subjects of mutual interest; and

(2)seek to establish joint nondefense industrial research, development, and demonstration activities through private sector linkages which may involve participation by scientists and engineers in the university or academic sectors, and which shall include some contribution from industrial participants.

(d)(1)(A)To the extent funds appropriated to carry out subtitle E of title XIV of the National Defense Authorization Act for Fiscal Year 1993 [22 U.S.C. 5931] (relating to joint research and development programs with the independent states of the former Soviet Union) are otherwise available for such purpose, such funds may be made available to the Director for use by the Director in establishing the endowment of the Foundation and otherwise carrying out this section.

(B)For each fiscal year after fiscal year 1993, not more than 50 percent of the funds made available to the Foundation by the United States Government may be funds appropriated in the national defense budget function (function 050).

(2)As a condition of participation in the Foundation, an independent state of the former Soviet Union must make a minimum contribution to the endowment of the Foundation, as determined by the Director, which shall reflect the ability of the independent state to make a financial contribution and its expected level of participation in the Foundation’s programs.

(3)To the extent provided in advance by appropriations Acts, local currencies or other assets resulting from government-to-government debt conversions may be made available to the Foundation. For purposes of this paragraph, the term “debt conversion” means an agreement whereby a country’s government-to-government or commercial external debt burden is exchanged by the holder for local currencies, policy commitments, other assets, or other economic activities, or for an equity interest in an enterprise theretofore owned by the debtor government.

(4)In addition to other uses provided by law, and subject to agreement with the foreign government, local currencies generated by United States assistance programs may be made available to the Foundation.

(5)The Foundation may invest any revenue provided to it through United States Government assistance, and any interest earned on such investment may be used only for the purpose for which the assistance was provided.

(6)The Foundation may accept such other funds as may be provided to it by Government agencies or nongovernmental entities.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subtitle E of title XIV of the National Defense Authorization Act for Fiscal Year 1993, referred to in subsec. (d)(1), is subtitle E of title XIV of div. A of Pub. L. 102–484, Oct. 23, 1992, 106 Stat. 2566, which is classified generally to subchapter IV (§ 5931) of chapter 68 of this title.

§5861 Research and Development Foundation

Summary

Title 22, §5861

Notes & Related Subsidiaries

Editorial Notes

References in Text

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