22 U.S.C. § 5861 — Research and Development Foundation

Page 1723 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5861 erally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–337, div. A, title X, § 1070(c), Oct. 5, 1994, 108 Stat. 2857, provided in part that the amendment made by that section is effective as of Oct. 23, 1992, and as if included in the National Defense Authorization Act for Fiscal Year 1993, Pub. L. 102–484, as enacted. § 5860. Report on special nuclear materials Not later than 180 days after October 24, 1992, the Secretary of State shall prepare, in con- sultation with the Secretary of Defense and the Secretary of Energy, and shall transmit to the Congress a report on the possible alternatives for the ultimate disposition of special nuclear materials of the former Soviet Union. This re- port shall include— (1) a cost-benefit analysis comparing (A) the relative merits of the indefinite storage and safeguarding of such materials in the inde- pendent states of the former Soviet Union and (B) its acquisition by the United States by purchase, barter, or other means; (2) a discussion of relevant issues such as the protection of United States uranium producers from dumping, the relative vulnerability of these stocks of special nuclear materials to il- legal proliferation, and the potential elec- trical and other savings associated with their being made available in the fuel cycle in the United States; and (3) a discussion of how highly enriched ura- nium stocks could be diluted for reactor fuel. (Pub. L. 102–511, title V, § 510, Oct. 24, 1992, 106 Stat. 3344.) § 5861. Research and Development Foundation (a) Establishment The Director of the National Science Founda- tion (hereinafter in this section referred to as the ‘‘Director’’) is authorized to establish an en- dowed, nongovernmental, nonprofit foundation (hereinafter in this section referred to as the ‘‘Foundation’’) in consultation with the Director of the National Institute of Standards and Tech- nology. (b) Purposes The purposes of the Foundation shall be the following: (1) To provide productive research and devel- opment opportunities within the independent states of the former Soviet Union that offer scientists and engineers alternatives to emi- gration and help prevent the dissolution of the technological infrastructure of the inde- pendent states. (2) To advance defense conversion by funding civilian collaborative research and develop- ment projects between scientists and engi- neers in the United States and in the inde- pendent states of the former Soviet Union. (3) To assist in the establishment of a mar- ket economy in the independent states of the former Soviet Union by promoting, identi- fying, and partially funding joint research, de- velopment, and demonstration ventures be- tween United States businesses and scientists, engineers, and entrepreneurs in those inde- pendent states. (4) To provide a mechanism for scientists, engineers, and entrepreneurs in the inde- pendent states of the former Soviet Union to develop an understanding of commercial busi- ness practices by establishing linkages to United States scientists, engineers, and busi- nesses. (5) To provide access for United States busi- nesses to sophisticated new technologies, tal- ented 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 be- tween 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 indus- trial research, development, and demonstra- tion activities through private sector linkages which may involve participation by scientists and engineers in the university or academic sectors, and which shall include some con- tribution 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 Na- tional Defense Authorization Act for Fiscal Year 1993 [22 U.S.C. 5931] (relating to joint re- search and development programs with the independent states of the former Soviet Union) are otherwise available for such pur- pose, such funds may be made available to the Director for use by the Director in estab- lishing 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 (func- tion 050). (2) Contribution to endowment by partici- pating independent states As a condition of participation in the Foun- dation, an independent state of the former So- viet Union must make a minimum contribu- tion to the endowment of the Foundation, as determined by the Director, which shall re- flect the ability of the independent state to make a financial contribution and its expected level of participation in the Foundation’s pro- grams. (3) Debt conversions To the extent provided in advance by appro- priations 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 agree- ment whereby a country’s government-to-gov- Page 1724 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 5871 ernment or commercial external debt burden is exchanged by the holder for local cur- rencies, policy commitments, other assets, or other economic activities, or for an equity in- terest 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 gov- ernment, 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 pro- vided to it through United States Government assistance, and any interest earned on such in- vestment may be used only for the purpose for which the assistance was provided. (6) Other funds from Government and non- governmental 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, § 511, Oct. 24, 1992, 106 Stat. 3345.) Editorial Notes REFERENCES IN TEXT Subtitle E of title XIV of the National Defense Au- thorization Act for Fiscal Year 1993, referred to in sub- sec. (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. SUBCHAPTER V—SPACE TRADE AND COOPERATION § 5871. Facilitating discussions regarding acquisi- tion of space hardware, technology, and serv- ices from former Soviet Union (a) Expedited review Any request for a license or other approval de- scribed in subsection (c) that is submitted to any United States Government agency by the National Aeronautics and Space Administra- tion, any of its contractors, or any other person shall be considered on an expedited basis by that agency and any other agency involved in an ap- plicable interagency review process. (b) Notice to Congress if license denied If any United States Government agency de- nies a request for a license or other approval de- scribed in subsection (c), that agency shall im- mediately notify the designated congressional committees. Each such notification shall in- clude a statement of the reasons for the denial. (c) Description of discussions This section applies to a request for any li- cense or other approval that may be necessary to conduct discussions with an independent state of the former Soviet Union with respect to the possible acquisition of any space hardware, space technology, or space service for integra- tion into— (1) United States space projects that have been approved by the Congress, or (2) commercial space ventures, including discussions relating to technical eval- uation of such hardware, technology, or service. (Pub. L. 102–511, title VI, § 601, Oct. 24, 1992, 106 Stat. 3346.) § 5872. Office of Space Commerce (a) Trade missions The Office of Space Commerce of the Depart- ment of Commerce is authorized and encouraged to conduct one or more trade missions to appro- priate independent states of the former Soviet Union for the purpose of familiarizing United States aerospace industry representatives with space hardware, space technologies, and space services that may be available from the inde- pendent states, and with the business practices and overall business climate in the independent states. (b) Monitoring negotiations The Office of Space Commerce— (1) shall monitor the progress of any discus- sions described in section 5871(c)(1) of this title that are being conducted; and (2) shall advise the Administrator of the Na- tional Aeronautics and Space Administration as to the impact on United States industry of each potential acquisition of space hardware, space technology, or space services from the independent states of the former Soviet Union, specifically including any anticompetitive issues the Office may observe. (Pub. L. 102–511, title VI, § 602, Oct. 24, 1992, 106 Stat. 3347.) § 5873. Report to Congress Within one year after October 24, 1992, the President shall submit to the designated con- gressional committees a report describing— (1) the opportunities for increased space-re- lated trade with the independent states of the former Soviet Union; (2) a technology procurement plan for identi- fying and evaluating all unique space hard- ware, space technology, and space services available to the United States from the inde- pendent states; (3) specific space hardware, space tech- nology, and space services that have been, or could be, the subject of discussions described in section 5871(c) of this title; (4) the trade missions carried out pursuant to section 5872(a) of this title, including the private participation in and the results of such missions; (5) any barriers, regulatory or practical, that inhibit space-related trade between the United States and independent states, including any such barriers in either the United States or the independent states; and (6) any anticompetitive issues raised during the course of negotiations, as observed pursu- ant to section 5872(b) of this title. (Pub. L. 102–511, title VI, § 603, Oct. 24, 1992, 106 Stat. 3347.) § 5874. Definitions For purposes of this subchapter—