Notice of Investigation and Record Requests, 31052-31055 [2019-13904]
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31052
Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Notices
Mandatory Source of Supply: Job Squad, Inc.,
Bridgeport, WV
Contracting Activity: VETERANS AFFAIRS,
DEPARTMENT OF, NAC
Service Type: Janitorial/Custodial
Mandatory for: Minnesota Valley National
Wildlife Refuge: Visitors Center,
Bloomington, MN
Mandatory Source of Supply: AccessAbility,
Inc., Minneapolis, MN
Contracting Activity: OFFICE OF POLICY,
MANAGEMENT, AND BUDGET, NBC
ACQUISITION SERVICES DIVISION
Patricia Briscoe,
Deputy Director, Business Operations (Pricing
and Information Management).
[FR Doc. 2019–13819 Filed 6–27–19; 8:45 am]
BILLING CODE 6353–01–P
DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID USA–2019–HQ–0023]
Proposed Collection; Comment
Request
Office of the Assistant
Secretary of the Army for Civil Works
(ASA(CW)), U.S. Army Corps of
Engineers, DoD.
ACTION: Information collection notice.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, the
Office of the Secretary of the Army for
Civil Works (ASA(CW)) announces a
proposed public information collection
and seeks public comment on the
provisions thereof. Comments are
invited on: Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; the accuracy of the
agency’s estimate of the burden of the
proposed information collection; ways
to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the information collection on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
DATES: Consideration will be given to all
comments received by August 27, 2019.
ADDRESSES: You may submit comments,
identified by docket number and title,
by any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Department of Defense, Office of
the Chief Management Officer,
Directorate for Oversight and
Compliance, 4800 Mark Center Drive,
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SUMMARY:
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Mailbox #24, Suite 08D09, Alexandria,
VA 22350–1700.
Instructions: All submissions received
must include the agency name, docket
number and title for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
To
request more information on this
proposed information collection or to
obtain a copy of the proposal and
associated collection instruments,
please write to U.S. Army Corps of
Engineers, Directorate of Civil Works,
Office of Planning and Policy, ATTN:
Jeffrey Strahan, 441 G Street,
Washington, DC 20314, or call (202)
761–8643. Another point of contact is
the U.S. Army Corps of Engineers,
Institute for Water Resources, ATTN:
Kevin Knight, 7701 Telegraph Road,
Alexandria, VA 22315, or call (703)
428–7250.
SUPPLEMENTARY INFORMATION:
Title; Associated Form; and OMB
Number: Corps of Engineers Navigation
Surveys; OMB Control Number 0710–
XXXX.
Needs and Uses: The data obtained
from these surveys are used by the
Army Corps of Engineers to estimate the
shipper’s response to changes in
waterway attributes (such as congestion,
reliability, rates and travel time). Hence,
the overall objective of the proposed
research is to develop shipper response
function estimates for the Ohio River
Waterway System.
Affected Public: Business or other
For-Profit. All commercial commodity
shippers, with a focus on grain as the
primary commodity in the Ohio River
Navigational system. For the purposes
of this study, a shipper is defined as a
company that sends or transports the
good.
Annual Burden Hours: 293.5.
Number of Respondents: 1,174.
Responses per Respondent: 1.
Annual Responses: 1,174.
Average Burden per Response: 15
minutes.
Frequency: On occasion.
FOR FURTHER INFORMATION CONTACT:
Dated: June 25, 2019.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2019–13843 Filed 6–27–19; 8:45 am]
BILLING CODE 5001–06–P
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DEPARTMENT OF EDUCATION
Notice of Investigation and Record
Requests
Office of the General Counsel,
Department of Education.
ACTION: Notice.
AGENCY:
The Department publishes
these letters, dated June 13, 2019,
notifying Georgetown University and
Texas A&M University of investigations
related to the universities’ reports of
defined gifts and contracts, including
restricted and conditional gifts or
contracts, from or with a statutorily
defined foreign source.
FOR FURTHER INFORMATION CONTACT:
Patrick Shaheen, U.S. Department of
Education, Office of the General
Counsel, 400 Maryland Ave. SW, Room
6E300, Washington, DC 20202.
Telephone: (202) 453–6339. Email:
Patrick.Shaheen@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service, toll free, at 1–800–877–8339.
SUPPLEMENTARY INFORMATION: The
Department publishes these letters,
dated June 13, 2019, notifying
Georgetown University and Texas A&M
University of investigations related to
the universities’ reports of defined gifts
and contracts, including restricted and
conditional gifts or contracts, from or
with a statutorily defined foreign
source. The letter to Georgetown
University is in Appendix A of this
notice. The letter to Texas A&M
University is in Appendix B of this
notice.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) on
request to the person listed under FOR
FURTHER INFORMATION CONTACT.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at:
www.govinfo.gov. At this site you can
view this document, as well as all other
documents of this Department
published in the Federal Register, in
text or Portable Document Format
(PDF). To use PDF you must have
Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
SUMMARY:
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your search to documents published by
the Department.
Program Authority: 20 U.S.C. 1011f.
Reed D. Rubinstein,
Acting General Counsel.
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Appendix A—Letter to Georgetown
University
John J. DeGioia, President
Georgetown University
37th and O Streets, N.W.
Washington, DC 20057
Re: Notice of 20 U.S.C. § 1011f
Investigation and Record Request/
Georgetown University
Dear President DeGioia:
Section 117 of the Higher Education
Act of 1965, 20 U.S.C. § 1011f, requires
certain institutions, including
Georgetown University, to report
statutorily defined gifts and contracts,
including restricted and conditional
gifts or contracts, from or with a
statutorily defined foreign source, to the
U.S. Department of Education. These
reports may be found at https://
studentaid.ed.gov/sa/about/data-center/
school/foreign-gifts.
The Department believes Georgetown
University’s reporting may not fully
capture all gifts, contracts, and/or
restricted and conditional gifts or
contracts from or with all foreign
sources (e.g., Chinese nationals and
agents who fund the Georgetown
Initiative for U.S.-China Dialogue on
Global Issues; the government of the
People’s Republic of China, its agencies,
and agents, including but not limited to,
the persons known as Huawei
Technologies Co. Ltd., Huawei
Technologies USA, Inc., and ZTE Corp,
their employees, subsidiaries, agents,
and affiliates; the government of Saudi
Arabia, its agencies, and agents; the
government of Qatar, its agencies, and
agents, including but not limited to the
Qatar Foundation for Education,
Science and Community Development).
For example, Georgetown University’s
Section 117 reporting should have
included Georgetown University Qatar;
all other Georgetown University
locations, see https://
www.georgetown.edu/locations.html;
and all of Georgetown University’s
affiliated foundations and non-profit
organizations, whether or not organized
under the laws of the United States (e.g.,
the Prince Alwaleed bin Talal Center for
Muslim-Christian Understanding), that
receive gifts, enter into contracts, and/
or receive or enter into restricted or
conditional gifts or contracts from or
with a foreign source and that operate
substantially for the benefit or under the
auspices of Georgetown University.
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Section 117(f), 20 U.S.C. § 1011f(f),
provides that whenever it appears an
institution has failed to comply with the
law, the Secretary of Education may
request the Attorney General commence
an enforcement action to compel
compliance and to recover the full costs
to the United States of obtaining
compliance, including all associated
costs of investigation and enforcement.
To meet our statutory duty, the
Department has opened an
administrative investigation of your
institution and requests production of
these records within thirty days:
1. All records of (a) gifts from, (b)
contracts with, and/or (c) restricted
or conditional gifts from or
contracts with, foreign sources. The
time frame for this request is
January 1, 2010, to the present.
2. All records of, regarding, or
referencing (a) gifts from, (b)
contracts with, and/or (c) restricted
or conditional gifts from or
contracts with (i) the government of
the People’s Republic of China, its
agencies, and agents, including but
not limited to, the persons known
as Huawei Technologies Co. Ltd.,
Huawei Technologies USA, Inc.,
and ZTE Corp, their subsidiaries,
agents, and affiliates; (ii) the
government of Saudi Arabia, its
agencies, and agents; (iii) the
government of Qatar, its agencies,
and agents, including but not
limited to the Qatar Foundation for
Education, Science and Community
Development; and (iv) the
government of Russia, its agencies,
and agents, including but not
limited to Kaspersky Lab and
Kaspersky Lab US, its agents,
employees, and affiliates. The time
frame for this request is January 1,
2010, to the present.
3. All records of, regarding, or
referencing foreign sources of gifts,
contracts, and/or restricted and
conditional gifts or contracts related
to or for the benefit of Georgetown
University Qatar. The time frame
for this request is January 1, 2010,
to the present.
4. All records of, regarding, or
referencing activities taken by
Georgetown University to comply
with 20 U.S.C. §§ 1011f(a), (b), (c),
and (e). The time frame for this
request is January 1, 2014, to the
present.
5. All records of, regarding, or
referencing communications with
foreign sources regarding the
Georgetown Initiative for U.S.China Dialogue on Global Issues
and the Prince Alwaleed bin Talal
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Center for Muslim-Christian
Understanding. The time frame for
this request is January 1, 2014, to
the present.
6. All records of, regarding, or
referencing communications
between Prof. Theodore Moran and
Huawei Technologies Co. Ltd., its
agents, subsidiaries, and affiliates,
including but not limited to Huawei
Technologies USA, Inc. The time
frame for this request is January 1,
2010, to the present.
7. All records of, regarding, or
referencing ‘‘Hanban’’, the Office of
Chinese Language Council
International, or the Confucius
Institute, their agents, employees,
affiliates, or subsidiaries. The time
frame for this request is January 1,
2015 to the present.
8. All records of, regarding, or
referencing activities taken by or
required of Georgetown University
to confirm the foreign sources of
gifts, contracts, and/or restricted or
conditional gifts or contracts (e.g.,
the government of Qatar, its
agencies, and agents; the Qatar
Foundation for Education, Science
and Community Development; and
or persons funding or providing
services to the Prince Alwaleed bin
Talal Center for Muslim-Christian
Understanding) (a) do not engage
in, or provide material support to
any person who engages in,
activities prohibited by 18 U.S.C.
§§ 2339, 2339A, 2339B, 2339C, and
2339D; and (b)(i) are not owned or
controlled by, (ii) do not act for or
on behalf of, assist, sponsor, or
provide financial, material, or
technological support or other
services to, or in support of, and
(iii) are not otherwise associated
with, any person who is a
‘‘Specially Designated Global
Terrorist’’ under Executive Order
13224. The time frame for this
request is January 1, 2010, to the
present.
9. All IRS Form 990s and schedules,
including but not limited to
Schedules F and R, for tax years
2014, 2015, 2016, 2017, and 2018,
for Georgetown University and
Georgetown University Qatar.
As used in this Notice of Investigation
and Information Request:
‘‘Contract’’ is defined at 20 U.S.C. §
1011f(h)(1).
‘‘Foreign source’’ is defined at 20 U.S.C.
§ 1011f(h)(2).
‘‘Gift’’ is defined at 20 U.S.C. §
1011f(h)(3).
‘‘Institution’’ is at 20 U.S.C. §
1011f(h)(4) and includes all affiliated
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foundations and non-profit
organizations (e.g., the Prince
Alwaleed bin Talal Center for
Muslim-Christian Understanding),
whether or not organized under the
laws of the United States, that operate
substantially for the benefit or under
the auspices of Georgetown
University.
‘‘Restricted or conditional gift or
contract’’ is defined by reference to 20
U.S.C. § 1011f(h)(5).
‘‘Record’’ means all recorded
information, regardless of form or
characteristics, made or received by
you, and including metadata, such as
email and other electronic
communication, word processing
documents, PDF documents,
animations (including PowerPointTM
and other similar programs)
spreadsheets, databases, calendars,
telephone logs, contact manager
information, internet usage files,
network access information, writings,
drawings, graphs, charts,
photographs, sound recordings,
images, financial statements, checks,
wire transfers, accounts, ledgers,
facsimiles, texts, animations,
voicemail files, data generated by
calendaring, task management and
personal information management
(PIM) software (such as Microsoft
Outlook), data created with the use of
personal data assistants (PDAs), data
created with the use of document
management software, data created
with the use of paper and electronic
mail logging and routing software,
and other data or data compilations,
stored in any medium from which
information can be obtained either
directly or, if necessary, after
translation by the responding party
into a reasonably usable form. The
term ‘‘recorded information’’ also
includes all traditional forms of
records, regardless of physical form or
characteristics, including information
created, manipulated, communicated,
or stored in digital or electronic form.
Your record and data preservation
obligations are outlined at Exhibit A. If
you claim attorney-client or attorneywork product privilege for a given
record, then you must prepare and
submit a privilege log expressly
identifying each such record and
describing the nature of the emails,
documents, communications, or
tangible things not produced or
disclosed in a manner that, without
revealing information itself privileged,
will enable the Department to assess the
validity of your claim. Please note no
other privileges apply to this records
request.
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This investigation will be directed by
the Department’s Office of General
Counsel with support from Federal
Student Aid. Your legal counsel should
contact:
Reed D. Rubinstein,
Acting General Counsel
U.S. Department of Education
400 Maryland Ave., S.W.
Room 6E300
Washington, D.C. 20202
Reed.Rubinstein@ed.gov
Sincerely,
Mitchell M. Zais, Ph.D.
Appendix B—Letter to Texas A&M
Michael K. Young, President
Office of the President
1246 TAMU
Texas A&M University
College Station, TX 77843–1246
Re: Notice of 20 U.S.C. § 1011f
Investigation and Record Request/
Texas A&M University.
Dear President Young:
Section 117 of the Higher Education
Act of 1965, 20 U.S.C. § 1011f, requires
certain institutions, including Texas
A&M University, to report statutorily
defined gifts, contracts, and/or restricted
or conditional gifts or contracts, from or
with a statutorily defined foreign
source, to the U.S. Department of
Education. These reports may be found
at https://studentaid.ed.gov/sa/about/
data-center/school/foreign-gifts.
The Department believes that Texas
A&M University’s reporting may not
fully capture all covered gifts, contracts,
and/or restricted or conditional gifts or
contracts, from or with all foreign
sources (e.g., the government of Qatar,
its agencies, and agents including but
not limited to the Qatar Foundation for
Education, Science and Community
Development, its employees,
subsidiaries, agents, and affiliates; the
government of the People’s Republic of
China, its agencies, and agents,
including but not limited to, the persons
known as Huawei Technologies Co.
Ltd., Huawei Technologies USA, Inc.,
and ZTE Corp, their employees,
subsidiaries, agents, and affiliates). For
example, Texas A&M University’s
Section 117 reporting should have
included Texas A&M University at
Qatar, see e.g., https://
www.qatar.tamu.edu/about/ (‘‘As a
branch campus, Texas A&M University
at Qatar is included in the institution’s
accreditation’’) (last accessed May 28,
2019); all of Texas A&M University’s
other locations; and all of Texas A&M
University’s affiliated foundations and
non-profit organizations (e.g. the Texas
A&M Foundation), whether or not
organized under the laws of the United
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States, that (a) receive gifts, enter into
contracts, and/or receive or enter into
restricted or conditional gifts or
contracts from or with a foreign source,
and (b) operate substantially for the
benefit or under the auspices of Texas
A&M University.
Section 117(f), 20 U.S.C. § 1011f(f),
provides that whenever it appears an
institution has failed to comply with the
law, the Secretary of Education may
request the Attorney General commence
an enforcement action to compel
compliance and to recover the full costs
to the United States of obtaining
compliance, including all associated
costs of investigation and enforcement.
To meet our statutory duty, the
Department has opened an
administrative investigation of your
institution and requests production of
the following records within thirty (30)
days:
1. All records of (a) gifts to, (b) contracts
with, and (c) restricted or conditional
gifts to or contracts with, foreign
sources. The time frame for this
request is January 1, 2014, to the
present.
2. All records of, regarding, or
referencing (a) gifts from, (b) contracts
with, and (c) restricted or conditional
gifts from or contracts with, (i) the
government of Qatar, its agencies, and
agents including but not limited to the
Qatar Foundation for Education,
Science and Community Development
and (ii) the government of the
People’s Republic of China, its
agencies, and agents, including but
not limited to, the persons known as
Huawei Technologies Co. Ltd.,
Huawei Technologies USA, Inc., and
ZTE Corp, and their subsidiaries,
agents, and affiliates. The time frame
for this request is January 1, 2014, to
the present.
3. All records of, regarding, or
referencing the establishment and
foreign sources of funding for Texas
A&M University at Qatar. The time
frame for this request is January 1,
2004, to the present.
4. All records of, regarding, or
referencing activities taken by or
required of Texas A&M University to
comply with 20 U.S.C. §§ 1011f(a),
(b), (c), and (e). The time frame for
this request is January 1, 2014, to the
present.
5. All records of, regarding, or
referencing communications with
the government of Qatar, its
agencies, and its agents including
but not limited to the Qatar
Foundation for Education, Science
and Community Development
regarding the subject matter of an
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action titled Qatar Foundation for
Education, Science and Community
Development v. Ken Paxton, Texas
Attorney General (No. D–1–GN–18–
006240).
6. All records of, regarding, or
referencing a ‘‘Memorandum of
Understanding’’ between Texas
A&M University at Qatar and
‘‘Huawei’’ signed on or about May
31, 2015. See https://www.gulftimes.com/story/441448/Huaweisupports-Tamuq-s-programme-forstudents. (last accessed June 12,
2019). The time frame for this
request is January 1, 2013, to the
present.
7. All records of, regarding, or
referencing ‘‘Hanban’’, the Office of
Chinese Language Council
International, or the Confucius
Institute, their agents, employees,
affiliates, or subsidiaries. The time
frame for this request is January 1,
2010 to the present.
8. All records of, regarding, or
referencing activities taken by or
required of your institution to
confirm, foreign sources of gifts,
contracts, and/or restricted or
conditional gifts or contracts (e.g.,
the government of Qatar, its
agencies, and agents; the Qatar
Foundation for Education, Science
and Community Development (a)
do not engage in, or provide
material support to any person who
engages in, activities prohibited by
18 U.S.C. §§ 2339, 2339A, 2339B,
2339C, and 2339D; and (b)(i) are not
owned or controlled by, (ii) do not
act for or on behalf of, assist,
sponsor, or provide financial,
material, or technological support
or other services to, or in support
of, and (iii) are not otherwise
associated with, any person who is
a ‘‘Specially Designated Global
Terrorist’’ under Executive Order
13224. The time frame for this
request is January 1, 2009, to the
present.
9. All IRS Form 990s and schedules,
including but not limited to
Schedules F and R, for tax years
2014, 2015, 2016, 2017, and 2018,
for (a) Texas A&M University, (b)
the Texas A&M Foundation, located
at 401 George Bush Drive, College
Station, TX 77840–2811, and (c)
Texas A&M University at Qatar.
As used in this Notice of Investigation
and Information Request:
‘‘Contract’’ is defined at 20 U.S.C.
§ 1011f(h)(1).
‘‘Foreign source’’ is defined at 20 U.S.C.
§ 1011f(h)(2).
‘‘Gift’’ is defined at 20 U.S.C.
§ 1011f(h)(3).
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‘‘Institution’’ is defined at 20 U.S.C.
§ 1011f(h)(4) and includes all
affiliated foundations and non-profit
organizations (e.g., the Texas A&M
Foundation), whether or not
organized under the laws of the
United States, that operate
substantially for the benefit or under
the auspices of Texas A&M
University.
‘‘Restricted or conditional gift or
contract’’ is defined at 20 U.S.C.
§ 1011f(h)(5).
‘‘Record’’ means all recorded
information, regardless of form or
characteristics, made or received by
you, and including metadata, such as
email and other electronic
communication, word processing
documents, PDF documents,
animations (including PowerPointTM
and other similar programs)
spreadsheets, databases, calendars,
telephone logs, contact manager
information, internet usage files,
network access information, writings,
drawings, graphs, charts,
photographs, sound recordings,
images, financial statements, checks,
wire transfers, accounts, ledgers,
facsimiles, texts, animations,
voicemail files, data generated by
calendaring, task management and
personal information management
(PIM) software (such as Microsoft
Outlook), data created with the use of
personal data assistants (PDAs), data
created with the use of document
management software, data created
with the use of paper and electronic
mail logging and routing software,
and other data or data compilations,
stored in any medium from which
information can be obtained either
directly or, if necessary, after
translation by the responding party
into a reasonably usable form. The
term ‘‘recorded information’’ also
includes all traditional forms of
records, regardless of physical form or
characteristics, including information
created, manipulated, communicated,
or stored in digital or electronic form.
Your record and data preservation
obligations are outlined at Exhibit A.
If you claim attorney-client or
attorney-work product privilege for a
given record, then you must prepare and
submit a privilege log expressly
identifying each such record and
describing the nature of the emails,
documents, communications, or
tangible things not produced or
disclosed in a manner that, without
revealing information itself privileged,
will enable the Department to assess the
validity of your claim. Please note no
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31055
other privileges apply to this
information request.
This investigation will be directed by
the Department’s Office of General
Counsel with support from Federal
Student Aid. Your legal counsel should
contact:
Reed D. Rubinstein,
Acting General Counsel
U.S. Department of Education
400 Maryland Ave., S.W.
Room 6E300
Washington, D.C. 20202
Reed.Rubinstein@ed.gov
Sincerely,
Mitchell M. Zais, Ph.D.
[FR Doc. 2019–13904 Filed 6–27–19; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
National Nuclear Security
Administration
Notice of Availability of the Draft
Supplement Analysis of the Complex
Transformation Supplemental
Programmatic Environmental Impact
Statement
National Nuclear Security
Administration, Department of Energy.
ACTION: Notice of availability.
AGENCY:
The National Nuclear
Security Administration (NNSA), a
semi-autonomous agency within the
United States Department of Energy
(DOE), announces the availability of the
Draft Supplement Analysis (SA) of the
Complex Transformation Supplemental
Programmatic Environmental Impact
Statement (SPEIS). NNSA is preparing
the SA to determine whether, prior to
proceeding with the action to produce
plutonium pits at a rate of no fewer than
80 pits per year by 2030, the existing
Complex Transformation SPEIS should
be supplemented, a new environmental
impact statement prepared, or no further
National Environmental Policy Act
(NEPA) analysis is required. The Draft
SA preliminarily concludes that further
NEPA documentation at a programmatic
level is not required; however, NNSA
will consider comments on the Draft SA
and publish a Final SA with a final
determination. The Draft SA is an
important element of the overall NEPA
strategy related to fulfilling national
requirements for pit production. DOE
announced this NEPA strategy on June
10, 2019 (84 FR 26849).
DATES: NNSA invites the public to
review and submit comments on the
Draft SA through August 12, 2019.
Comments received after this date will
be considered to the extent practicable.
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Notices]
[Pages 31052-31055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13904]
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DEPARTMENT OF EDUCATION
Notice of Investigation and Record Requests
AGENCY: Office of the General Counsel, Department of Education.
ACTION: Notice.
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SUMMARY: The Department publishes these letters, dated June 13, 2019,
notifying Georgetown University and Texas A&M University of
investigations related to the universities' reports of defined gifts
and contracts, including restricted and conditional gifts or contracts,
from or with a statutorily defined foreign source.
FOR FURTHER INFORMATION CONTACT: Patrick Shaheen, U.S. Department of
Education, Office of the General Counsel, 400 Maryland Ave. SW, Room
6E300, Washington, DC 20202. Telephone: (202) 453-6339. Email:
[email protected].
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service, toll free, at 1-800-
877-8339.
SUPPLEMENTARY INFORMATION: The Department publishes these letters,
dated June 13, 2019, notifying Georgetown University and Texas A&M
University of investigations related to the universities' reports of
defined gifts and contracts, including restricted and conditional gifts
or contracts, from or with a statutorily defined foreign source. The
letter to Georgetown University is in Appendix A of this notice. The
letter to Texas A&M University is in Appendix B of this notice.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the person listed under FOR
FURTHER INFORMATION CONTACT.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at: www.govinfo.gov. At this site you can view this
document, as well as all other documents of this Department published
in the Federal Register, in text or Portable Document Format (PDF). To
use PDF you must have Adobe Acrobat Reader, which is available free at
the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit
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your search to documents published by the Department.
Program Authority: 20 U.S.C. 1011f.
Reed D. Rubinstein,
Acting General Counsel.
Appendix A--Letter to Georgetown University
John J. DeGioia, President
Georgetown University
37th and O Streets, N.W.
Washington, DC 20057
Re: Notice of 20 U.S.C. Sec. 1011f Investigation and Record Request/
Georgetown University
Dear President DeGioia:
Section 117 of the Higher Education Act of 1965, 20 U.S.C. Sec.
1011f, requires certain institutions, including Georgetown University,
to report statutorily defined gifts and contracts, including restricted
and conditional gifts or contracts, from or with a statutorily defined
foreign source, to the U.S. Department of Education. These reports may
be found at https://studentaid.ed.gov/sa/about/data-center/school/foreign-gifts.
The Department believes Georgetown University's reporting may not
fully capture all gifts, contracts, and/or restricted and conditional
gifts or contracts from or with all foreign sources (e.g., Chinese
nationals and agents who fund the Georgetown Initiative for U.S.-China
Dialogue on Global Issues; the government of the People's Republic of
China, its agencies, and agents, including but not limited to, the
persons known as Huawei Technologies Co. Ltd., Huawei Technologies USA,
Inc., and ZTE Corp, their employees, subsidiaries, agents, and
affiliates; the government of Saudi Arabia, its agencies, and agents;
the government of Qatar, its agencies, and agents, including but not
limited to the Qatar Foundation for Education, Science and Community
Development). For example, Georgetown University's Section 117
reporting should have included Georgetown University Qatar; all other
Georgetown University locations, see https://www.georgetown.edu/locations.html; and all of Georgetown University's affiliated
foundations and non-profit organizations, whether or not organized
under the laws of the United States (e.g., the Prince Alwaleed bin
Talal Center for Muslim-Christian Understanding), that receive gifts,
enter into contracts, and/or receive or enter into restricted or
conditional gifts or contracts from or with a foreign source and that
operate substantially for the benefit or under the auspices of
Georgetown University.
Section 117(f), 20 U.S.C. Sec. 1011f(f), provides that whenever it
appears an institution has failed to comply with the law, the Secretary
of Education may request the Attorney General commence an enforcement
action to compel compliance and to recover the full costs to the United
States of obtaining compliance, including all associated costs of
investigation and enforcement. To meet our statutory duty, the
Department has opened an administrative investigation of your
institution and requests production of these records within thirty
days:
1. All records of (a) gifts from, (b) contracts with, and/or (c)
restricted or conditional gifts from or contracts with, foreign
sources. The time frame for this request is January 1, 2010, to the
present.
2. All records of, regarding, or referencing (a) gifts from, (b)
contracts with, and/or (c) restricted or conditional gifts from or
contracts with (i) the government of the People's Republic of China,
its agencies, and agents, including but not limited to, the persons
known as Huawei Technologies Co. Ltd., Huawei Technologies USA, Inc.,
and ZTE Corp, their subsidiaries, agents, and affiliates; (ii) the
government of Saudi Arabia, its agencies, and agents; (iii) the
government of Qatar, its agencies, and agents, including but not
limited to the Qatar Foundation for Education, Science and Community
Development; and (iv) the government of Russia, its agencies, and
agents, including but not limited to Kaspersky Lab and Kaspersky Lab
US, its agents, employees, and affiliates. The time frame for this
request is January 1, 2010, to the present.
3. All records of, regarding, or referencing foreign sources of gifts,
contracts, and/or restricted and conditional gifts or contracts related
to or for the benefit of Georgetown University Qatar. The time frame
for this request is January 1, 2010, to the present.
4. All records of, regarding, or referencing activities taken by
Georgetown University to comply with 20 U.S.C. Sec. Sec. 1011f(a),
(b), (c), and (e). The time frame for this request is January 1, 2014,
to the present.
5. All records of, regarding, or referencing communications with
foreign sources regarding the Georgetown Initiative for U.S.-China
Dialogue on Global Issues and the Prince Alwaleed bin Talal Center for
Muslim-Christian Understanding. The time frame for this request is
January 1, 2014, to the present.
6. All records of, regarding, or referencing communications between
Prof. Theodore Moran and Huawei Technologies Co. Ltd., its agents,
subsidiaries, and affiliates, including but not limited to Huawei
Technologies USA, Inc. The time frame for this request is January 1,
2010, to the present.
7. All records of, regarding, or referencing ``Hanban'', the Office of
Chinese Language Council International, or the Confucius Institute,
their agents, employees, affiliates, or subsidiaries. The time frame
for this request is January 1, 2015 to the present.
8. All records of, regarding, or referencing activities taken by or
required of Georgetown University to confirm the foreign sources of
gifts, contracts, and/or restricted or conditional gifts or contracts
(e.g., the government of Qatar, its agencies, and agents; the Qatar
Foundation for Education, Science and Community Development; and or
persons funding or providing services to the Prince Alwaleed bin Talal
Center for Muslim-Christian Understanding) (a) do not engage in, or
provide material support to any person who engages in, activities
prohibited by 18 U.S.C. Sec. Sec. 2339, 2339A, 2339B, 2339C, and
2339D; and (b)(i) are not owned or controlled by, (ii) do not act for
or on behalf of, assist, sponsor, or provide financial, material, or
technological support or other services to, or in support of, and (iii)
are not otherwise associated with, any person who is a ``Specially
Designated Global Terrorist'' under Executive Order 13224. The time
frame for this request is January 1, 2010, to the present.
9. All IRS Form 990s and schedules, including but not limited to
Schedules F and R, for tax years 2014, 2015, 2016, 2017, and 2018, for
Georgetown University and Georgetown University Qatar.
As used in this Notice of Investigation and Information Request:
``Contract'' is defined at 20 U.S.C. Sec. 1011f(h)(1).
``Foreign source'' is defined at 20 U.S.C. Sec. 1011f(h)(2).
``Gift'' is defined at 20 U.S.C. Sec. 1011f(h)(3).
``Institution'' is at 20 U.S.C. Sec. 1011f(h)(4) and includes all
affiliated
[[Page 31054]]
foundations and non-profit organizations (e.g., the Prince Alwaleed bin
Talal Center for Muslim-Christian Understanding), whether or not
organized under the laws of the United States, that operate
substantially for the benefit or under the auspices of Georgetown
University.
``Restricted or conditional gift or contract'' is defined by reference
to 20 U.S.C. Sec. 1011f(h)(5).
``Record'' means all recorded information, regardless of form or
characteristics, made or received by you, and including metadata, such
as email and other electronic communication, word processing documents,
PDF documents, animations (including PowerPointTM and other
similar programs) spreadsheets, databases, calendars, telephone logs,
contact manager information, internet usage files, network access
information, writings, drawings, graphs, charts, photographs, sound
recordings, images, financial statements, checks, wire transfers,
accounts, ledgers, facsimiles, texts, animations, voicemail files, data
generated by calendaring, task management and personal information
management (PIM) software (such as Microsoft Outlook), data created
with the use of personal data assistants (PDAs), data created with the
use of document management software, data created with the use of paper
and electronic mail logging and routing software, and other data or
data compilations, stored in any medium from which information can be
obtained either directly or, if necessary, after translation by the
responding party into a reasonably usable form. The term ``recorded
information'' also includes all traditional forms of records,
regardless of physical form or characteristics, including information
created, manipulated, communicated, or stored in digital or electronic
form.
Your record and data preservation obligations are outlined at
Exhibit A. If you claim attorney-client or attorney-work product
privilege for a given record, then you must prepare and submit a
privilege log expressly identifying each such record and describing the
nature of the emails, documents, communications, or tangible things not
produced or disclosed in a manner that, without revealing information
itself privileged, will enable the Department to assess the validity of
your claim. Please note no other privileges apply to this records
request.
This investigation will be directed by the Department's Office of
General Counsel with support from Federal Student Aid. Your legal
counsel should contact:
Reed D. Rubinstein,
Acting General Counsel
U.S. Department of Education
400 Maryland Ave., S.W.
Room 6E300
Washington, D.C. 20202
[email protected]
Sincerely,
Mitchell M. Zais, Ph.D.
Appendix B--Letter to Texas A&M
Michael K. Young, President
Office of the President
1246 TAMU
Texas A&M University
College Station, TX 77843-1246
Re: Notice of 20 U.S.C. Sec. 1011f Investigation and Record Request/
Texas A&M University.
Dear President Young:
Section 117 of the Higher Education Act of 1965, 20 U.S.C. Sec.
1011f, requires certain institutions, including Texas A&M University,
to report statutorily defined gifts, contracts, and/or restricted or
conditional gifts or contracts, from or with a statutorily defined
foreign source, to the U.S. Department of Education. These reports may
be found at https://studentaid.ed.gov/sa/about/data-center/school/foreign-gifts.
The Department believes that Texas A&M University's reporting may
not fully capture all covered gifts, contracts, and/or restricted or
conditional gifts or contracts, from or with all foreign sources (e.g.,
the government of Qatar, its agencies, and agents including but not
limited to the Qatar Foundation for Education, Science and Community
Development, its employees, subsidiaries, agents, and affiliates; the
government of the People's Republic of China, its agencies, and agents,
including but not limited to, the persons known as Huawei Technologies
Co. Ltd., Huawei Technologies USA, Inc., and ZTE Corp, their employees,
subsidiaries, agents, and affiliates). For example, Texas A&M
University's Section 117 reporting should have included Texas A&M
University at Qatar, see e.g., https://www.qatar.tamu.edu/about/ (``As
a branch campus, Texas A&M University at Qatar is included in the
institution's accreditation'') (last accessed May 28, 2019); all of
Texas A&M University's other locations; and all of Texas A&M
University's affiliated foundations and non-profit organizations (e.g.
the Texas A&M Foundation), whether or not organized under the laws of
the United States, that (a) receive gifts, enter into contracts, and/or
receive or enter into restricted or conditional gifts or contracts from
or with a foreign source, and (b) operate substantially for the benefit
or under the auspices of Texas A&M University.
Section 117(f), 20 U.S.C. Sec. 1011f(f), provides that whenever it
appears an institution has failed to comply with the law, the Secretary
of Education may request the Attorney General commence an enforcement
action to compel compliance and to recover the full costs to the United
States of obtaining compliance, including all associated costs of
investigation and enforcement. To meet our statutory duty, the
Department has opened an administrative investigation of your
institution and requests production of the following records within
thirty (30) days:
1. All records of (a) gifts to, (b) contracts with, and (c) restricted
or conditional gifts to or contracts with, foreign sources. The time
frame for this request is January 1, 2014, to the present.
2. All records of, regarding, or referencing (a) gifts from, (b)
contracts with, and (c) restricted or conditional gifts from or
contracts with, (i) the government of Qatar, its agencies, and agents
including but not limited to the Qatar Foundation for Education,
Science and Community Development and (ii) the government of the
People's Republic of China, its agencies, and agents, including but not
limited to, the persons known as Huawei Technologies Co. Ltd., Huawei
Technologies USA, Inc., and ZTE Corp, and their subsidiaries, agents,
and affiliates. The time frame for this request is January 1, 2014, to
the present.
3. All records of, regarding, or referencing the establishment and
foreign sources of funding for Texas A&M University at Qatar. The time
frame for this request is January 1, 2004, to the present.
4. All records of, regarding, or referencing activities taken by or
required of Texas A&M University to comply with 20 U.S.C. Sec. Sec.
1011f(a), (b), (c), and (e). The time frame for this request is January
1, 2014, to the present.
5. All records of, regarding, or referencing communications with the
government of Qatar, its agencies, and its agents including but not
limited to the Qatar Foundation for Education, Science and Community
Development regarding the subject matter of an
[[Page 31055]]
action titled Qatar Foundation for Education, Science and Community
Development v. Ken Paxton, Texas Attorney General (No. D-1-GN-18-
006240).
6. All records of, regarding, or referencing a ``Memorandum of
Understanding'' between Texas A&M University at Qatar and ``Huawei''
signed on or about May 31, 2015. See https://www.gulf-times.com/story/441448/Huawei-supports-Tamuq-s-programme-for-students. (last accessed
June 12, 2019). The time frame for this request is January 1, 2013, to
the present.
7. All records of, regarding, or referencing ``Hanban'', the Office of
Chinese Language Council International, or the Confucius Institute,
their agents, employees, affiliates, or subsidiaries. The time frame
for this request is January 1, 2010 to the present.
8. All records of, regarding, or referencing activities taken by or
required of your institution to confirm, foreign sources of gifts,
contracts, and/or restricted or conditional gifts or contracts (e.g.,
the government of Qatar, its agencies, and agents; the Qatar Foundation
for Education, Science and Community Development (a) do not engage in,
or provide material support to any person who engages in, activities
prohibited by 18 U.S.C. Sec. Sec. 2339, 2339A, 2339B, 2339C, and
2339D; and (b)(i) are not owned or controlled by, (ii) do not act for
or on behalf of, assist, sponsor, or provide financial, material, or
technological support or other services to, or in support of, and (iii)
are not otherwise associated with, any person who is a ``Specially
Designated Global Terrorist'' under Executive Order 13224. The time
frame for this request is January 1, 2009, to the present.
9. All IRS Form 990s and schedules, including but not limited to
Schedules F and R, for tax years 2014, 2015, 2016, 2017, and 2018, for
(a) Texas A&M University, (b) the Texas A&M Foundation, located at 401
George Bush Drive, College Station, TX 77840-2811, and (c) Texas A&M
University at Qatar.
As used in this Notice of Investigation and Information Request:
``Contract'' is defined at 20 U.S.C. Sec. 1011f(h)(1).
``Foreign source'' is defined at 20 U.S.C. Sec. 1011f(h)(2).
``Gift'' is defined at 20 U.S.C. Sec. 1011f(h)(3).
``Institution'' is defined at 20 U.S.C. Sec. 1011f(h)(4) and includes
all affiliated foundations and non-profit organizations (e.g., the
Texas A&M Foundation), whether or not organized under the laws of the
United States, that operate substantially for the benefit or under the
auspices of Texas A&M University.
``Restricted or conditional gift or contract'' is defined at 20 U.S.C.
Sec. 1011f(h)(5).
``Record'' means all recorded information, regardless of form or
characteristics, made or received by you, and including metadata, such
as email and other electronic communication, word processing documents,
PDF documents, animations (including PowerPointTM and other
similar programs) spreadsheets, databases, calendars, telephone logs,
contact manager information, internet usage files, network access
information, writings, drawings, graphs, charts, photographs, sound
recordings, images, financial statements, checks, wire transfers,
accounts, ledgers, facsimiles, texts, animations, voicemail files, data
generated by calendaring, task management and personal information
management (PIM) software (such as Microsoft Outlook), data created
with the use of personal data assistants (PDAs), data created with the
use of document management software, data created with the use of paper
and electronic mail logging and routing software, and other data or
data compilations, stored in any medium from which information can be
obtained either directly or, if necessary, after translation by the
responding party into a reasonably usable form. The term ``recorded
information'' also includes all traditional forms of records,
regardless of physical form or characteristics, including information
created, manipulated, communicated, or stored in digital or electronic
form.
Your record and data preservation obligations are outlined at
Exhibit A.
If you claim attorney-client or attorney-work product privilege for
a given record, then you must prepare and submit a privilege log
expressly identifying each such record and describing the nature of the
emails, documents, communications, or tangible things not produced or
disclosed in a manner that, without revealing information itself
privileged, will enable the Department to assess the validity of your
claim. Please note no other privileges apply to this information
request.
This investigation will be directed by the Department's Office of
General Counsel with support from Federal Student Aid. Your legal
counsel should contact:
Reed D. Rubinstein,
Acting General Counsel
U.S. Department of Education
400 Maryland Ave., S.W.
Room 6E300
Washington, D.C. 20202
[email protected]
Sincerely,
Mitchell M. Zais, Ph.D.
[FR Doc. 2019-13904 Filed 6-27-19; 8:45 am]
BILLING CODE 4000-01-P
