ACS Urges Thoughtful Discourse on Research Security in USICA/COMPETES

June 15, 2022

Dear Speaker Pelosi and Leaders Schumer, McConnell, and McCarthy:

The American Chemical Society (ACS) welcomes the investment in the scientific enterprise proposed in the U.S. Innovation and Competitiveness Act (USICA)/America COMPETES Act. Supporting a more inclusive and sustainable research environment as each bill does will ensure future competitiveness, promote national security, and boost economic growth for the U.S.

As part of this effort, both the House and Senate have recognized the need for safeguarding the research enterprise against malign foreign influence, intellectual property theft and academic espionage. The ACS believes the best way to protect research investments by the U.S. government and U.S.-based companies is with the broadly applicable sections in the House America COMPETES Act. These provisions would ensure that bad actors are held accountable while avoiding potentially harmful limits and penalties for scientists from specific countries of origin. Relying on blunt prescriptions based on national origin, rather than clear standards of conduct, could hamper efforts to secure research in an ever-shifting global environment. Consideration of an overarching Federal Research Security Council should include subject matter experts at agencies such as the Office of Science and Technology Policy (OSTP), the Department of Energy (DOE), the National Science Foundation (NSF), and the National Institute of Standards and Technology (NIST), in addition to the Office of Management and Budget (OMB) when there are potential impacts to researchers from other countries.

While acknowledging the need to secure our domestic research investment, ACS believes the need for protection must be balanced against the numerous benefits of allowing scientists to operate with minimal barriers in pursuit of scientific learning.ⁱ Building an open and welcoming research ecosystem that continues to attract diverse STEM talent from around the world to the U.S. has been and remains vital to preserving the preeminent position of the U.S. research enterprise. According to the National Science Board (NSB) report titled “International STEM Talent is Crucial for a Robust U.S. Economy,” U.S. universities are already feeling the impacts of the loss of international applicants and research opportunities, with the potential to set the country further behind.ⁱⁱ Policies that create overly burdensome restrictions for international researchers will only further impact our ability to compete on a global scale.

As Congress edges closer to passing this historic legislation, we hope policies affecting the research enterprise are enacted transparently and fairly to avoid potentially harmful, unintended impacts on scientists or U.S. innovation. Imposing limitations or restrictions on the free exchange of ideas and collaborations between scientists based on national and global political concerns must be carefully weighed against the negative impacts on advancing research and maintaining the U.S.’ global competitiveness. If the ACS can be of further assistance as you work through these provisions, please do not hesitate to reach out to me directly at a_pitagno@acs.org.

Sincerely,

Anthony Pitagno
Senior Director, Government Affairs
American Chemical Society

CC:
Members of the House and Senate Conference Committee