CHIPS & Science Act

In August 2022, the White House released the CHIPS and Science Act of 2022. The legislation's goal is to strengthen investment in research, development, science, technology, and the labor force, ensuring that the U.S. maintains its leading edge in innovation. Simultaneously, it aims to reduce the involvement of federal personnel, institutions, and researchers in Harmful Foreign Government Talent Recruitment Schemes.

This law characterizes a harmful foreign government talent recruitment scheme as:

Illicit transfers of intellectual property;
Recruitment for these prohibited schemes;
Establishing overseas labs or entities in violation of federal grant terms;
Accepting positions that contradict federal grant stipulations;
Continuation of such activities with few exceptions;
Limitations obstructing the fulfillment of a federal grant;
Compulsions to execute tasks that resemble or replicate federal grants;
Directives to obtain research funding from foreign government entities;
Failure to acknowledge the U.S. partner institution and/or grant agency;
Instructions to hide participation in these schemes or positions; OR
Encountering conflicting interests or obligations that clash with a federal research grant. AND Such a scheme is backed by:

Specific foreign countries such as China, Hong Kong, Macau, North Korea, Russia, Iran, or any other country identified as a concern by the Secretary of State; or
An entity located in the countries mentioned above; or
An entity or initiative from certain prohibited lists.

Exceptions do exist, which include:

Publishing academic results or scientific information;
Participation in international conferences or collaborative research projects fostering the free and reciprocal transfer of scientific insights;
Advising an international student in a higher education setting or supporting that student; and
Any international endeavors deemed appropriate by the head of the Federal research agency or their designated representative.