Confucius Institutes at U.S. Institutions of Higher Education Waiver Criteria for the Department of Defense (2023) / Chapter Skim
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6 Recommended Conditions for Granting of a Waiver
6 Recommended Conditions for Granting of a Waiver
Pages 43-48
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From page 43... ...
developed in response to Section 1091 of the John S McCain National Defense Authorization Act for Fiscal Year 2019.2 The DOD waiver process from FY 2019 required universities to provide a substantial amount of information, lacked clear and transparent evaluation criteria, and failed to provide a timeline for considering a waiver application or providing feedback.
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From page 44... ...
A potential waiver process, developed with input from key organizations including government, industry, higher education associations, and universities will • articulate a clear, transparent waiver application process, including a clear data management plan for how this citizen data will be used, who will have access to the data, and how long the data will be maintained; • include unclassified versions of review and decision protocols along with well-defined criteria for approval; • identify timelines for review and response; and • communicate waiver decisions and for denials, provide unclassified in formation that could be valuable to the institution in addressing national security concerns that could be taking place on their campuses. The transparency of the waiver process is balanced by the U.S.
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From page 45... ...
U.S. host institutions should demonstrate that the CI is a formally estab lished Center or Institute at the institution, thereby subjecting the CI to all policies and procedures prescribed in faculty, staff, and student codes, as well as in shared governance documents that ensure that similar units within the university support the key values of American academic institutions, including academic freedom and openness and respectful behavior toward other host institution academic units.
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From page 46... ...
U.S. host institutions should demonstrate that they have appropriate safeguards in place to ensure that CI faculty and visitors who are not university employees have limited or guest access to university computer networks and cannot access networks that store research results and communications.
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From page 47... ...
Institutions can satisfy this criterion by providing documentation, such as an employment contract or agreement, that the director of the CI is employed by the university with a reporting line to the host institution's chief academic officer or their designee, and by providing public-facing personnel rosters that clearly state whether the host institution clas sifies CI-affiliated personnel from the Chinese partner institution as either host institution employees or as visiting scholars. CIs should hire their employees and affiliates in accordance with the host in stitution's human resources policies and procedures and subject to corresponding campus policies.
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From page 48... ...
The committee looks forward to undertaking additional research to understand foreign-funded programs and entities on campus more broadly and to identify implementable practices and principles regarding appropriate operations for academic institutions involving foreign partnerships in the coming months. The committee will present these, along with additional findings and recommendations, in a second report to be released in June 2023.
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