Background Information

Reports and documents about some China Initiative cases

  1. The case against Anming Hu, former faculty member of the University of Tennessee (UT) at Knoxville. This was the first China Initiative case to go to trial. Anming Hu was aquitted on Sep. 9, 2021.
    -
    How the FBI manipulated the University of Tennessee to find a Chinese spy who didn't exist, a report by Knox News. Based on testimony during the trial, the report described in detail how the FBI agent provided false information and manipulated UT, and how UT played a questionable role in its handling of the case.
    - Reports on the
    mistrial and the second trial of the Anming Hu case.
    -
    “Ridiculous case”: juror criticizes DOJ for charging scientist with hiding ties to china, another report about the mistrial.
    -
    Federal Judge Acquits Professor Accused of Hiding China Ties, a report by Wall Street Journal.
    -
    Memorandum Opinion and Order by Judge Thomas A. Varlan granting the acquittal of Anming Hu.

  2. The case against Gang Chen, professor at Massachusetts Institute of Technology (MIT).
    -
    Federal affidavit. One can read from the affidavit that normal academic activities such as serving as referees and writing recommendation letters are adduced as evidence of “extensive dealings with the PRC (People’s Republic of China)”.
    - Two letters from President Reif of MIT on
    Jan 14th and Jan 22nd, 2021, expressing concerns and clarifying some important facts
    -
    A Scientist Is Arrested, and Academics Push Back, published by the New York Times
    -
    What the Fear of China Is Doing to American Science, published by the Atlantic.
    -
    The case was dropped on Jan. 20th, 2022.

  3. The case against Feng (Franklin) Tao, associate professor at the University of Kansas
    -
    U.S. Says Scientist Hid Job in China. Web Search Tells Otherwise, a report by Bloomberg.
    -
    Kansas professor says FBI misled court in alleging hidden ties to Chinese government, a report by the Washington Post.

  4. U.S. Drops Visa Fraud Cases Against Five Chinese Researchers, a report by Wall Street Journal.

  5. For more information about these and other cases, see the Impacted Persons section of the APA Justice website.

Relevant official documents

  1. Fact sheet from Department of Justice about the China Initiative

  2. The National Security Decision Directive (NSDD)-189.
    This Presidential Directive with the title “National Policy on the Transfer of Scientific, Technical and Engineering Information” was established by the Reagan administration in 1985. Quotes:
    “It is also the policy of this Administration that, where the national security requires control, the mechanism for control of information generated during federally-funded fundamental research in science, technology and engineering at colleges, universities and laboratories is classification.”
    “No restrictions may be placed upon the conduct or reporting of federally-funded fundamental research that has not received national security classification, except as provided in applicable U.S. Statutes.”

  3. The JASON report.
    In 2019, the National Science Foundation (NSF) commissioned the advisory group JASON to assess how researchers and funding agencies could best respond to these concerns. Quotes:
    “JASON cannot recommend adoption of a CUI mechanism to secure additional categories of information generated by U.S. universities, beyond those currently covered by applicable laws designed to protect personal information (e.g., HIPAA, GINA, FERPA, Title 13, etc.). Rather, the general principle of creating high walls, i.e., classification, around narrowly defined areas should be adhered to, minimizing conflicts that might adversely affect U.S. open science practices.”
    “JASON concludes that many of the problems of foreign influence that have been identified are ones that can be addressed within the framework of research integrity, and that the benefits of openness in research and of the inclusion of talented foreign researchers dictate against measures that would wall off particular areas of fundamental research.”

    The NSF also provided a
    response to the JASON report.

  4. Report of the United States Government Accountability Office (GAO) on Federal Research: Agencies Need to Enhance Policies to Address Foreign Influence. Quotes:
    “In the absence of agency-wide COI policies and definitions on non-financial interests, researchers may not fully understand what they need to report on their grant proposals.”

  5. A statement by Dr. Eric Lander, President Biden’s Science Advisor and Director of the Office of Science and Technology Policy, on Clear Rules for Research Security and Researcher Responsibility. Quotes:
    “We have to assiduously avoid basing policies or processes on prejudice — including those that could fuel anti-Asian sentiments or xenophobia. Prejudice is fundamentally unacceptable, and will backfire because it will make it harder to attract the best scientific minds from around the world.”

Petitions/Open letters

  1. An open letter by Congressman Ted W. Lieu and 90 congress members to the Attorney General, requesting “a DOJ investigation into the repeated, wrongful targeting of individuals of Asian descent for alleged espionage”.

  2. A Board statement by the American Physics Society (APS) on open science and a Recommitment to Research Principles.

  3. Current US Policy on China: The Risk to Open Science, an article by the APS leadership describing concerns about the U.S. federal government’s current approach to research security and its effects on open science and the scientific community.

  4. APS action alert to contact Congressional representatives.

  5. Letters by professors in MIT, Stanford and University of California regarding the Gang Chen case.

  6. A petition to New York University president to stop racial profiling professors of Asian descent

  7. An open letter by the Asian American Scholar Forum (AASF), calling for immediate reinstatement of Prof. Anming Hu’s tenure

  8. Another open letter by AASF to Judge Thomas A. Varlan, calling on him to dismiss Prof. Anming Hu's retrial.

  9. We are all Gang Chen, an article by Yoel Fink and Yasheng Huang

  10. The US should listen to scientists about how to counter influence from China, an article by Xiaoxing Xi.

Webinars

  1. Webinar series organized by the APS.

  2. Congressional Roundable “Researching while Chinese American” led by Reps. Jamie Raskin and Judy Chu. (See more details here.) The participants include Sherry Chen, Steven Chu, Randy Katz and Xiaoxing Xi.

  3. Physics Colloquia at Harvard University and Stanford University by Professor Xiaoxing Xi (Temple University).

  4. A webinar series organized by the Asian American Scholar Forum (AASF)

  5. Combating Racial Profiling of Asian and Asian Immigrants: A Guide to Advocacy and How to Take Action, a webinar organized by AASF and Advancing Justice AAJC.

  6. Envisioning tomorrow: advancing science and rising above the gathering storms, American Association for the Advancement of Science (AAAS) President’s address by Prof. Steven Chu.

  7. The Contributions of Asian Americans in U.S. Science and Engineering, the Asian American Academy of Science and Engineering (AAASE) distinguished lecture by Prof. Steven Chu.