[Tccc] Could the NSF be legally entitled to a huge refund from the IEEE?

Dear all:
In a separate thread, Joe mentioned the NSF. This important institution
has not prominently figured in this discussion. I submit that it should.
What we are discussing is very much relevant to the NSF mission, and its
fiduciary obligations to the US tax payer.

Much of the money at stake is actually "NSF money", in some sense. For
example, if conferences are significantly more expensive than they
should (for some of the reasons mentioned in this discussion, such as
the alleged IEEE 20% conference mark-up, the alleged US$300/hour charges
to conferences for IEEE staff, non-cost-efficient venue choices, lack of
accounting transparency, etc. etc) much of the over-spent money is NSF's.

Thus, it would be illustrative and very much pertinent to read the NSF's
"take" on this matter. Particularly welcome would be an opinion from
their legal office (if any) discussing relevant legal aspects,
especially whether the NSF (and similar agencies) may be legally
entitled to a refund from the IEEE end-of-year 'surplus' (apparently ca.
10 million USD per year, recently).

Possible grounds for such refund may be (1) the IEEE legal status as a
"not-for profit" institution --- which gives it some substantial tax
benefits (isn't the IEEE tax exempt?) but also imposes certain
constraints on its legally acceptable behaviour --- , as well as, (2)
the contracts between researchers and the NSF which may render invalid
certain transactions leading to the IEEE surplus.

Wmbr,

Virgilio

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