The National Defense Authorization Act of 2021 (NDAA) prohibits institutions of higher education with Confucius Institutes (CI) from receiving Department of Defense (DOD) funding unless they apply for a waiver.  This NDAA prohibition goes into effect on October 1, 2023, and institutions that are interested in applying for a waiver must do so by June 1, 2023. 

During the intervening time between passage of the NDAA in 2021 and the waiver announcement last month, most institutions that would have been affected by the prohibition had already closed their CIs. The few remaining colleges with CIs would need to apply for the waiver if they receive or plan to apply for DOD grants.  

If colleges with CIs want to apply for the DOD waiver, the following elements must be taken into consideration:

•    The host college must document that it has financial and managerial control over the center.
•    The host college must ensure academic freedom and freedom of expression of the institution are upheld at the center, and curriculum must be approved by the institution’s faculty-governance process.
•    The host college must employ the staff of the center.
•    The host college must demonstrate that research-security measures exist.
•    The host college must ensure the CI does not apply foreign law on campus.

The Confucius Institute Waiver Program (CIWP) outlines in detail what is required for these topics to be adequately considered as part of the waiver application.  Questions about the process can be sent to CIWP at: osd.pentagon.ousd-r-e.mbx.confucius-institute-waiver-program@mail.mil.