#265 Meeting Summaries; OSTP Guidelines; Scientists Speak Up; CAPAC and AASF Updates; +

In This Issue #265

·       June and July 2024 APA Justice Monthly Meeting Summaries Posted

·       Updates on OSTP Guidelines by Kei Koizumi

·       Observations and Remarks by Impacted Scientists

·       Updates from Congressional Asian Pacific American Caucus

·       Updates from Asian American Scholar Forum

·       News and Activities for the Communities

June and July 2024 APA Justice Monthly Meeting Summaries Posted

Summary for the June 2024 APA Justice monthly meeting has been posted here: https://bit.ly/45Zilni.  Summary for the July 2024 APA Justice monthly meeting has been posted here: https://bit.ly/3Wc9NX0.  We extend our heartfelt thanks to the speakers who shared their valuable insights and reports during our monthly meetings, including regular speakers: 

·       Nisha Ramachandran, Executive Director, Congressional Asian Pacific American Caucus (CAPAC), nisha.ramachandran@mail.house.gov

·       Joanna YangQing Derman, Director, Anti-Profiling, Civil Rights & National Security Program, Advancing Justice | AAJC

·       Gisela Perez Kusakawa, Executive Director, Asian American Scholar Forum (AASF), gpkusakawa@aasforum.org

and invited speakers and commentators:

·       Tam Dao, Assistant Vice President for Research Security, Office of Research Security, Rice University

·       Haipei Shue, President, United Chinese Americans

·       Anming Hu, Professor, University of Tennessee at Knoxville  

·       Kei Koizumi, Principal Deputy Director for Science, Society, and Policy, Office of Science and Technology Policy (OSTP), The White House

·       Neal Lane, Senior Fellow, Baker Institute; Former Director of OSTP; Former Director, National Science Foundation 

·       Xiaoxing Xi, Laura H. Carnell Professor of Physics, Temple University

·       Gang Chen, Carl Richard Soderberg Professor of Power Engineering, Massachusetts Institute of Technology

·       Karla Hagan, Senior Program Officer, Staff Director for National Science, Technology, and Security Roundtable, National Academies of Sciences, Engineering,and Medicine

Updates on OSTP Guidelines by Kei Koizumi

In August 2021, the White House tasked OSTP with setting clear rules for research security and researcher responsibility.  It charged OSTP with protecting America’s research security while ensuring policies do not fuel xenophobia or prejudice. As part of the OSTP effort, the NSF commissioned two studies by JASON, an independent group of scientists with unique expertise that advises the U.S. government on national security matters related to science and technology.

·       2024/03/21 JASON Report: Safeguarding the Research Enterprise

·       2021/08/10 White House: Clear Rules for Research Security and Researcher Responsibility

o   Protect America’s Security and Openness; Be Clear; Ensure Policies Do Not Fuel Xenophobia or Prejudice

·       2019/12 JASON Report: Fundamental Research Security

During the July 1 APA Justice monthly meeting, Kei Koizumi, Principal Deputy Director for Science, Society, and Policy, Office of Science and Technology Policy (OSTP), The White House, was hoping to share the final version of a research security standards document requested by Congress and outlined in a presidential memorandum. This document aims to provide universities and Federal research agencies with clear guidelines on running research security programs. Unfortunately, its release has been delayed.Kei remains hopeful that it will be released in the coming days, offering clarity to the Asian American research community and universities on how to maintain an open, international, collaborative research enterprise in the U.S. while protecting against foreign government exploitation.A key element of this document is the longstanding prohibition against actions that exacerbate anti-Asian bias or prejudice. Implementing the final guidance will be a collaborative effort for all of us.

Meanwhile, Congress is considering legislation that would force the Department of Justice to reinstate the China Initiative. In addition, OSTP is reviewing proposals in draft intelligence and national defense bills that would prohibit citizens of certain countries, specifically the People's Republic of China, from visiting or working in Federal and national laboratories, regardless of their visa or visitor status.The administration will oppose this legislation, as it did with reinstating the China Initiative in last year’s Appropriations Bill.This is where our community must play defense against some harmful ideas circulating in Congress. With this being an election year, opposing bad legislation is even more challenging than usual.Kei is grateful that Dr. Neal Lane and a coalition hosted the FBI Forum and that the National Academies will soon complete its important work on research security through the Roundtable.Kei is also eager to hear from us, particularly at the state level. He is concerned about bills and laws in various states that restrict Asian Americans, especially Chinese Americans, from buying property or impose extra screening to participate in academic environments at many state universities.Read Kei's comments in the July 1 monthly meeting summary: https://bit.ly/3Wc9NX0.  

UPDATE:  On July 9, 2024, the White House OSTP released Guidelines for Research Security Programs at Covered Institutions.  The 10-page Guidelines is posted here:  https://bit.ly/3xQgRzj. ".... federal research agencies should implement research security policies in a way that treats everyone equally under law, without xenophobia, prejudice, or discrimination, a principle reinforced by the CHIPS and Science Act. The law also requires that research security activities be carried out in a manner that does not target, stigmatize, or discriminate against individuals on the basis of race, ethnicity, or national origin," the Guidelines said.REMINDER: The National Science, Technology, and Security Roundtable Capstone Workshop will be held on July 16-17, 2024, in Washington DC and virtually.  For more information, visit https://bit.ly/3z0PnY7.  Register to attend the workshop: https://bit.ly/3VirGle.

Observations and Remarks by Impacted Scientists

Professor Xiaoxing Xi is a naturalized American citizen who has lived and worked in the U.S. for 35 years.  On May 21, 2015, the U.S. government charged Professor Xi for scheming to violate a non-disclosure agreement by sharing U.S. company technology with Chinese entities. Professor Xi committed no crime and was supported by affidavits from leading scientific experts, as well as one of the inventors of the U.S. company technology himself.  On September 11, 2015, the government dropped all charges against Professor Xi without an apology or explanation.  With support of ACLU, Professor Xi and his family filed a civil lawsuit against the U.S. government in 2017.  He is the recipient of the 2020 Andrei Sakharov Prize, a distinguished honor within both the human rights advocacy and scientific communities.  Professor Xi joined the meeting from Europe, where he gave a slide presentation on his personal experiences as an impacted scientist. He recounted the traumatic events of May 2015, when armed FBI agents raided his home, held his wife and daughters at gunpoint, and arrested him for a crime he did not commit. This ordeal had a profound and lasting impact on his career and his family's lives, as well as on Professor Gang Chen and others who were also falsely charged by the Department of Justice (DOJ).Many of these cases were dropped, although it is rare for the DOJ to drop cases.

In his presentation to the OSTP community briefing in January 2022, Professor Xi attributed the problem to policies that diminish the U.S.'s ability to attract talent and fuel xenophobia against Asian Americans. He highlighted that the FBI Director referred to Chinese scientists and academics as "non-traditional collectors," suggesting they act as spies without formal training on behalf of the Chinese Government. This term, used during Congressional testimonies, portrays anyone with connections to China as a “whole-of-society” threat to the U.S.

Professor Xi believes this is the root cause of the cases targeting Chinese scientists.In the spirit of rebuilding trust with the FBI, as seen in the June 6 Forum in Houston, Professor Xi suggests that the FBI Director and leadership should publicly affirm that “all Chinese scientists are not non-traditional collectors” and should not label them as suspected spies. This is essential to restore trust.There have been persistent attempts to reinstate the China Initiative. As long as the assumption that Chinese scientists are suspected of espionage prevails, the China Initiative is still active, leading to more such activities.In February 2023, the DOJ established the Disruptive Technology Strike Force to enforce export control laws and investigate and prosecute criminal violations of these laws. As more institutions are added to the entity list, interactions with scientists from these institutions will increase. These Chinese institutions include the Institute of Physics, the Chinese Academy of Sciences, and the University of Science and Technology, which are equivalent to Caltech and MIT in the U.S.

In March 2023, Science Magazine asked the OSTP Director, Dr. Arati Prabhakar, if Chinese-born scientists working in the United States have been unfairly persecuted as agents of the Chinese Communist Party and are owed an apology from the government. Dr. Prabhakar responded, "I’m not in a position to comment on that. I don’t know enough about it." This response raised concerns about policymakers' commitment to addressing the plight of scientists. Dr. Prabhakar has since provided additional clarifications, and Science Magazine has updated its story.However, Dr. Prabhakar has repeatedly stated that "the world has changed." This statement gives Professor Xi a clear perspective on the direction of U.S. Government science policy, despite reports and recommendations from the scientific community on how to protect U.S. technology from China.For example, in September 2022, the National Academies released a report on Protecting U.S. Technological Advantage. It emphasized that in today’s interdependent, global innovation system, the greatest threat is the potential weakening of the U.S. innovation ecosystem. Protecting and strengthening this ecosystem is more important than protecting specific technologies, which can be ineffective and self-damaging.The innovative ecosystem requires openness and the ability of the U.S. to attract scientists from around the world.The 2024 JASON report also emphasizes openness and transparency. It advises the National Science Foundation (NSF) to adopt a dynamic approach for identifying potentially sensitive research topics as they arise, rather than maintaining a comprehensive list of sensitive areas. The NSF should proceed with caution before adding access or dissemination controls to grants or contracts.

But that is not what the policy makers, including the White House, are doing.

The CHIPS and Science Act includes provisions that prohibit Federal funding for participants in malign foreign talent recruitment programs sponsored by countries of concern, with a definition codified as 42 USC 19237 (4).

This situation creates a chilling effect, where people, including Professor Xi, may avoid collaborating with scientists from China for fear of being considered part of a malign foreign talent recruitment program and being barred from Federal funding.

In two February 2024 documents, OSTP provided guidelines on a long list of international collaborations not considered part of a foreign talent recruitment program, including memberships in the Royal Society, sabbaticals at University of Oxford or McGill University, and receiving the Nobel Prize. However, it did not clarify whether sabbaticals in China or memberships in the Chinese Academy of Sciences would be considered part of a malign foreign talent recruitment program. Professor Xi seeks clarification in the new OSTP guidelines expected to be released soon.Can a scientist collaborate with China? NSF Director Sethuraman Panchanathan stated in a post on X, “By working together with our international like-minded partners to strengthen and scale collaborations … we will supercharge powerful global innovation ecosystems.”So, openness has conditions. While we want openness and collaboration with like-minded partners, this does not extend to people from countries of concern.

The Deputy Secretary of State recently expressed a desire to see more Chinese students studying humanities and social sciences in the U.S., but not particle physics. He suggested that students from India could fill the gap in science studies.The message from policymakers is clear: no collaboration with scientists in China and no Chinese students in STEM. This stance contradicts the recommendations of the National Academies report and the JASON report.A possible explanation is the OSTP Director’s response to Science Magazine: "The world has changed."

The U.S. and China, once at peace, are now at war.

These conflicts include trade wars and geopolitical wars in technology, which have been ongoing and could escalate to military wars.

During the last major conflict with an Asian country, the U.S. government interned 120,000 Japanese persons.

We are now at war with China.  We are now at risk of similar internment. Labeling all Chinese scientists as suspected spies is akin to suggesting that Japanese Americans during WWII signaled incoming warplanes from Japan. This underscores the importance of ongoing efforts by allies in OSTP, the scientific community, and interactions with the FBI, CAPAC, and Congress to push back and prevent a repeat of such internment. Persistent mistrust and xenophobia against Chinese and Asian American scientists are fueled by policies and rhetoric that unfairly label them as spies. Professor Xi calls for a change in these policies, advocating for a more inclusive and supportive environment that values the contributions of all scientists, regardless of their ethnic background, as the scientific community has already recommended.In conclusion, Professor Xi underscored the importance of openness and international collaboration in maintaining the United States' leadership in science and technology. He criticized restrictive policies that hinder collaboration with scientists from China and warned against the long-term damage such policies could cause to the nation's innovation ecosystem. Professor Xi’s presentation is posted at https://bit.ly/3W3SN5f.  His remarks are included in the July meeting summary: https://bit.ly/3Wc9NX0. 

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Gang Chen, Carl Richard Soderberg Professor of Power Engineering, Massachusetts Institute of Technology, joined the meeting from Taiwan, expressing his gratitude to Professor Xi for his courage in speaking out and to Kei Koizumi and Neal Lane for their insightful comments.

Professor Chen, himself a victim of the misguided China Initiative, finds it disheartening to witness persistent efforts to reinstate the initiative, whether under its original name or disguised under a different one. He emphasized the findings of the National Academies report, which highlighted that the greatest threat to the U.S. is the weakening of its innovation ecosystem. The China Initiative and similar U.S. policies have driven away many talented individuals, diminishing the country's appeal not only to researchers of Chinese origin but to scientists in general.

The CHIPS and Science Act's definition of a malign foreign talent program is so broad that it could potentially label many CEOs of major U.S. companies as participants in such programs. There is widespread uncertainty about how these rules will be applied, but those in academia feel particularly targeted. Many are afraid to attend conferences or give seminars in China. Universities share this fear as well.

A faculty member recounted to Professor Chen that during a visit to his family in China, he asked a University Security Officer if he could meet his colleagues and friends at a local university. The officer suggested holding the meeting off-campus, highlighting the tense atmosphere. Such policies are detrimental to scientific exchange and ultimately harm the U.S. innovation ecosystem.

The Organization for Economic Co-operation and Development (OECD), an intergovernmental organization with 38 member countries, has been tracking new researchers by country every year. Before 2018, the U.S. consistently gained new researchers each year, with over 2,000 new researchers in 2018 alone. However, since then, the trend has reversed, and by 2021, the U.S. experienced a net loss of new researchers. This trend is strong evidence of the damaging effect of the China Initiative.

Professor Chen's remarks are included in the July meeting summary: https://bit.ly/3Wc9NX0. 

Updates from Congressional Asian Pacific American Caucus

During the June APA Justice monthly meeting, Nisha Ramachandran, Executive Director, Congressional Asian Pacific American Caucus (CAPAC), reported that May, the Asian American, Native Hawaiian, and Pacific Islander Heritage Month, was likely the busiest month of the year for CAPAC. She was pleased to have met many of us during this time.Congress is gearing up for a busy legislative summer, particularly in the House. The Agriculture Committee has begun the mark-up of the next Farm Bill. The appropriations process is also underway, moving towards mark-ups after members submitted their priorities. In addition, the annual National Defense Authorization Act (NDAA) is in progress.CAPAC is closely monitoring civil rights issues for Asian Americans, especially regarding research security and land and property ownership. There are efforts to reinstate the China Initiative, which CAPAC is actively tracking. Nisha encouraged everyone to stay vigilant and collaborate with CAPAC members on these issues across various committees. She expressed special thanks to Asian American Scholar Forum and Advancing Justice | AAJC for their partnerships.Nisha also mentioned a Bloomberg article about students being turned away at Dulles Airport and other ports of entry, highlighting this growing issue. CAPAC is tracking these developments and needs the community’s support to balance all interests.Finally, June is National Immigrant Heritage Month, and CAPAC will be uplifting immigrant stories throughout the month.As Nisha was about to provide an update from CAPAC during the July monthly meeting, she was called away. Casey Lee, Policy Director for CAPAC, stepped in to report on a critical issue closely monitored by CAPAC.

The Commerce, Justice, and Science Appropriations Bill for fiscal year 2025 underwent its subcommittee markup. According to the Appropriations Committee’s press release, the China Initiative is included once again in the accompanying report language for the bill. The legislative process will proceed to a full committee markup, scheduled for July 9. CAPAC, along with many of our champions such as Rep. Grace Meng, will ensure it is monitored very closely.We are once again witnessing an attempt to revive the China Initiative in Congress. CAPAC will continue to oppose this effort. Casey encouraged the community to reach out to CAPAC with any questions and expressed appreciation for the advocacy and voices present at the monthly meeting.

Updates from Asian American Scholar Forum

During the July APA Justice monthly meeting, Gisela Perez Kusakawa, Executive Director, Asian American Scholar Forum (AASF), highlighted the ongoing engagement of AASF with the White House, Congress (particularly CAPAC), and various Federal agencies, emphasizing the contributions of Asian American scholars to American society. This engagement has garnered nearly 400 million potential views through its news coverage. AASF's top priority is ensuring that issues facing Asian American scholars remain at the forefront for national leaders.Not all AASF activities are publicly visible; some occur behind closed doors, such as roundtable discussions with the National Science Foundation and university leaders. These efforts include a briefing to the Department of Homeland Security Subcommittee on Foreign Malign Influence in Higher Education, contributing to their recent subcommittee report. AASF anticipates another significant effort with Federal agencies will soon be made public.AASF consistently recommends greater transparency, clarity, and ongoing feedback from the Asian American scholar community to Federal agencies. Their efforts aim to change perspectives within the Federal government, media, and public while also building a community. AASF aims to establish a permanent non-profit organization to protect the rights of Asian American scholars and celebrate their excellence and contributions.On July 27, 2024, AASF will co-host the inaugural Asian American Pioneer Medal Symposium and Ceremony with Stanford University. This public event will also feature roundtables and listening sessions with Federal government representatives on July 28. Distinguished speakers, including Nobel Laureates Steven Chu and Randy Shekman, Turing Award Laureate Raj Reddy, former Stanford President John Hennessy, and industry leader Eric Yuan, will participate. CAPAC Chair Judy Chu will open the Symposium and ceremony. Register for the Symposium and Ceremony here: https://bit.ly/3XLApPN.

In addition, AASF is co-hosting a Presidential Town Hall with APIAVote and other partners in Philadelphia on July 13, ahead of the upcoming November elections.

The House passed the National Defense Authorization Act on June 14, which includes provisions related to research security, potentially restricting collaboration for researchers and universities receiving Department of Defense (DOD) funding. AASF will focus on the conferencing stage as the Senate considers its version of the bill next.Regarding the Appropriations Bill, AASF is leading efforts with nearly 50 organizations, including APA Justice, to oppose restrictive language in this must-pass bill. They will closely monitor the July 9 markup session.

AASF is also promoting the Youth Ambassador Science Video Competition, encouraging participation to highlight the involvement of the next generation in their efforts. Visit the AASF website and subscribe to the AASF newsletter at AASF.Gisela reported on the National Defense Authorization Act (NDAA) and AASF's commitment to ensuring that Asian American scholars have a voice by monitoring the bill and gathering feedback from AASF members and the Asian American scholar community on issues like research security.

AASF is keeping a close eye on HR 1398, the Protect America’s Innovation and Economic Security from the CCP Act, which attempts to revive the China Initiative and increase scrutiny of the scholar community. AASF plans to make a strong statement highlighting the exhaustive attempts by the House to reinstate the China Initiative, emphasizing the need for Congressional members to reconsider these efforts. This is crucial for the Asian American scholar community and the country, which benefits from the contributions of immigrant talent in science and technology.

Gisela can be reached at gpkusakawa@aasforum.org.

News and Activities for the Communities

1.  APA Justice Community Calendar

Upcoming Events:2024/07/11-12 National AAPI Leadership Summit2024/07/13 APIAVote: Presidential Town Hall, Philadelphia PA2024/07/15 APIAVote: RNC Convention, AAPI Briefing &Reception, Milwaukee, WI2024/07/16-17 National Science, Technology, and Security Roundtable - Capstone2024/07/17 C100 Career Ceiling Summit: Creating a Level Playing Field2024/07/25-28 Leadership Convention by NAAAP (National Association of Asian American Professionals) 2024/07/27-28 Asian American Pioneer Medal Symposium and CeremonyThe Community Calendar has moved.  Visit https://bit.ly/3XD61qV for event details.

2.  Committee of 100 Career Ceilings Summit: Creating a Level Playing Field

WHAT: Committee of 100 Career Ceilings Summit: Creating a Level Playing FieldWHEN:  July 17, 2024, 11:00 am - 2 pm ETWHERE: WebcastHOST: Committee of 100MODERATOR: Peter Young, Chair of the Initiative and Committee of 100 MemberDESCRIPTION: 

·       11:10 am ET: Fireside Chat (Ngan Nguyen, Senior Vice President, Global Diversity & Talent Management, Citi) and Open Discussion: “The Future of DEI: Can it Pivot?”

·       12: 30 pm ET: Keynote Speech: “Lessons Learned” (Cecilia Stanton Adams, CEO of The Diversity Institute)

·       1:00 pm ET: Town Hall Discussion: “Breaking Through Career Ceilings: Choices and Solutions” (Adrian Kwok, Associate Partner, McKinsey, Co-Head of the Asian DEI Group and Frank Wu, President, Queens College, Leading expert on Asian American Career Ceilings)

REGISTRATION: https://bit.ly/3WgevmT

3.  New Book: "The War for Chinese Talent in America"

A new book authored by Dr. David Zweig, has just been released with the title of "The War for Chinese Talent in America: The Politics of Technology and Knowledge in Sino-U.S. Relations."Dr. Zweig is Professor Emeritus, Hong Kong University of Science and Technology (HKUST), Distinguished Visiting Professor of Taipei School of Economics and Political Science, National Tsinghua University, Taiwan, and Vice-President of the Center for China and Globalization (Beijing). He was a Postdoctoral Fellow at Harvard in 1984-85. For 15 years, he directed the Center on China’s Transnational Relations at HKUST.To overcome their “brain drain,” some developing countries employ the “Diaspora Option,” encouraging their overseas nationals to use the knowledge they gained abroad to help their motherland. Since the mid-1990s, China’s party/state has vigorously used an extensive array of programs and incentives to persuade ethnic Chinese living in America to transfer their technological knowhow back home. Many Chinese working abroad facilitated this flow, some to strengthen their former homeland, others from self-interest. In 2018, the Trump Administration declared war on these efforts. Employing a McCarthy-like campaign called the “China Initiative,” the government investigated Chinese scientists across the U.S. Many individuals were arrested, only to have their cases dropped. Still, hundreds had their research disrupted or lost their jobs. This book documents China’s ‘no-holds-barred’ effort to access U.S. technology and America’s vigorous counterattack and its efforts to disrupt the transfer of U.S. technology to China. Six case studies include stories of unknown victims of that campaign whose cases were never made public. It highlights how the war has undermined Sino-American scientific collaboration and triggered the outflow of some top Chinese talent from America and back to China.For more information and to order the book, visit: https://bit.ly/45ZqFDz

4. New Book Chapter: "New Red Scare - The China Initiative"

A chapter titled "New Red Scare - The China Initiative," authored by Steven Pei, Jeremy Wu, and Alex Liang, has just been released in the book "Communicated Stereotypes at Work."Steven Pei is an electrical engineering professor at the University of Houston. He is also Founding Chair of United Chinese Americans and a co-organizer of the APA Justice Task Force.  Jeremy Wu retired from the U.S. federal government, He is Founder and Co-Organizer of the APA Justice Task Force, a Senior Fellow of the National Academy of Public Administration, and a Member of the Committee of 100.  Alex Liang was Fox International Fellow at the Australian National University.  He is a second-year student at Harvard Law School.The FBI has a long history of surveillance of ethnic Chinese scientists in the U.S. McCarthyism, the Economic Espionage Act, and more recently the China Initiative were initiatives adversely impacting Chinese and Chinese Americans living in the United States. The cases of Qian Xuesen, Wen Ho Lee, Sherry Chen, and Xiaoxing Xi were the precursors and indicators of an implicit and explicit bias against Asian Americans questioning their “loyalty” to the United States. Why is it that time and again Chinese Americans are falsely accused of being spies for China? The stereotypes of Asian and Chinese scientists as “disloyal” stem from the perpetual foreigner trope. The key here is that most of them were U.S. citizens. They are as much an American as any other American, yet their “loyalty” is perceived as less trustworthy. This stereotype has harmful, life-altering consequences for them and their families.For more information and to order the book, visit: https://bit.ly/4c7v61x 

5. Erratum

On July 8, 2024, APA Justice newsletter Issue #264 misspelled the name of the President of the National Academy of Sciences.  It should be Marcia McNutt.  The corrected newsletter is posted here: https://bit.ly/4eWRZXa