--- kind: "section" citation: "22 U.S.C. § 5861" title: "22" title_heading: "Foreign Relations and Intercourse" number: "5861" heading: "Research and Development Foundation" release: "119-102" url: "https://uscodex.org/usc/22/5861" units: - "Chapter 67 — Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support" - "Subchapter IV — Nonproliferation and Disarmament Programs and Activities" --- # §5861. Research and Development Foundation - (a) **Establishment—** The Director of the National Science [Foundation](/usc/22/10601.md?p=6) (hereinafter in this section referred to as the “Director”) is authorized to establish an endowed, nongovernmental, nonprofit [foundation](/usc/22/10601.md?p=6) (hereinafter in this section referred to as the “[Foundation](/usc/22/10601.md?p=6)”) in consultation with the Director of the National Institute of Standards and Technology. - (b) **Purposes—** The purposes of the [Foundation](/usc/22/10601.md?p=6) shall be the following: - (1) To provide productive research and development opportunities within the [independent states of the former Soviet Union](/usc/22/5801.md) that offer scientists and engineers alternatives to emigration and help prevent the dissolution of the technological infrastructure of the [independent states](/usc/22/5801.md). - (2) To advance defense conversion by funding civilian collaborative research and development projects between scientists and engineers in the [United States](/usc/22/1395.md?p=a-1) and in the [independent states of the former Soviet Union](/usc/22/5801.md). - (3) To assist in the establishment of a market economy in the [independent states of the former Soviet Union](/usc/22/5801.md) by promoting, identifying, and partially funding joint research, development, and demonstration ventures between [United States](/usc/22/1395.md?p=a-1) businesses and scientists, engineers, and entrepreneurs in those [independent states](/usc/22/5801.md). - (4) To provide a mechanism for scientists, engineers, and entrepreneurs in the [independent states of the former Soviet Union](/usc/22/5801.md) to develop an understanding of commercial business practices by establishing linkages to [United States](/usc/22/1395.md?p=a-1) scientists, engineers, and businesses. - (5) To provide access for [United States](/usc/22/1395.md?p=a-1) businesses to sophisticated new technologies, talented researchers, and potential new markets within the [independent states of the former Soviet Union](/usc/22/5801.md). - (c) **Functions—** In carrying out its purposes, the [Foundation](/usc/22/10601.md?p=6) shall— - (1) promote and support joint research and development projects for peaceful purposes between scientists and engineers in the [United States](/usc/22/1395.md?p=a-1) and [independent states of the former Soviet Union](/usc/22/5801.md) 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](/usc/22/2431a.md?p=9) appropriated to carry out subtitle E of title XIV of the National Defense Authorization Act for Fiscal Year 1993 [[22 U.S.C. 5931](/usc/22/5931.md)] (relating to joint research and development [programs](/usc/22/3383.md?p=6) with the [independent states of the former Soviet Union](/usc/22/5801.md)) are otherwise available for such purpose, such [funds](/usc/22/2431a.md?p=9) may be made available to the Director for use by the Director in establishing the endowment of the [Foundation](/usc/22/10601.md?p=6) and otherwise carrying out this section. - (B) For each fiscal year after fiscal year 1993, not more than 50 percent of the [funds](/usc/22/2431a.md?p=9) made available to the [Foundation](/usc/22/10601.md?p=6) by the [United States](/usc/22/1395.md?p=a-1) Government may be [funds](/usc/22/2431a.md?p=9) 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](/usc/22/10601.md?p=6), an independent state of the former Soviet Union must make a minimum contribution to the endowment of the [Foundation](/usc/22/10601.md?p=6), 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](/usc/22/10601.md?p=6)’s [programs](/usc/22/3383.md?p=6). - (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](/usc/22/10601.md?p=6). For purposes of this paragraph, the term “debt conversion” means an [agreement](/usc/22/2431a.md?p=7) 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](/usc/22/2431a.md?p=7) with the [foreign](/usc/22/3146.md?p=1) government, local currencies generated by [United States](/usc/22/1395.md?p=a-1) assistance [programs](/usc/22/3383.md?p=6) may be made available to the [Foundation](/usc/22/10601.md?p=6). - (5) **Investment of Government assistance—** The [Foundation](/usc/22/10601.md?p=6) may invest any revenue provided to it through [United States](/usc/22/1395.md?p=a-1) 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](/usc/22/10601.md?p=6) may accept such other [funds](/usc/22/2431a.md?p=9) as may be provided to it by Government agencies or nongovernmental entities. ## Source credit (Pub. L. 102–511, title V, § 511, Oct. 24, 1992, 106 Stat. 3345.) ## Notes ### 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.