§ 5861. — Research and Development Foundation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC5861]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 67--FREEDOM FOR RUSSIA AND EMERGING EURASIAN DEMOCRACIES AND
OPEN MARKETS SUPPORT
SUBCHAPTER IV--NONPROLIFERATION AND DISARMAMENT PROGRAMS AND ACTIVITIES
Sec. 5861. Research and Development Foundation
(a) Establishment
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) Purposes
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) Functions
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) Funding
(1) Use of certain Department of Defense funds
(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) Contribution to endowment by participating independent
states
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) Debt conversions
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) Local currencies
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) Investment of Government assistance
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) Other funds from Government and nongovernmental sources
The Foundation may accept such other funds as may be provided to
it by Government agencies or nongovernmental entities.
(Pub. L. 102-511, title V, Sec. 511, Oct. 24, 1992, 106 Stat. 3345.)
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 (Sec. 5931) of chapter 68
of this title.
Section Referred to in Other Sections
This section is referred to in section 5931 of this title.
