Notice of Investigation and Record Requests, 64309-64313 [2019-25231]

Download as PDF Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Notices or via postal mail, commercial delivery, or hand delivery. We will not accept comments submitted by fax or by email or those submitted after the comment period. To ensure that we do not receive duplicate copies, please submit your comments only once. In addition, please include the Docket ID at the top of your comments. • Federal eRulemaking Portal: Go to www.regulations.gov to submit your comments electronically. Information on using Regulations.gov, including instructions for accessing agency documents, submitting comments, and viewing the docket, is available on the site under the ‘‘help’’ tab. • Postal Mail, Commercial Delivery, or Hand Delivery: If you mail or deliver your comments about this proposed matching program, address them to Marya Dennis, Management and Program Analyst, U.S. Department of Education, Federal Student Aid, Union Center Plaza, 830 First Street NE, Washington, DC 20002–5345. Privacy Note: The Department’s policy is to make all comments received from members of the public available for public viewing in their entirety on the Federal eRulemaking Portal at www.regulations.gov. Therefore, commenters should be careful to include in their comments only information that they wish to make publicly available. FOR FURTHER INFORMATION CONTACT: Marya Dennis, Management and Program Analyst, U.S. Department of Education, Federal Student Aid, Union Center Plaza, 830 First Street NE, Washington, DC 20002–5345. Telephone: (202) 377–3385. SUPPLEMENTARY INFORMATION: We provide this notice in accordance with the Privacy Act of 1974, as amended (Privacy Act) (5 U.S.C. 552a); Office of Management and Budget (OMB) Final Guidance Interpreting the Provisions of Public Law 100–503, the Computer Matching and Privacy Protection Act of 1988, 54 FR 25818 (June 19, 1989); and OMB Circular No. A–108. Participating Agencies: ED and SSS. Authority for Conducting the Matching Program: The information contained in the SSS database is referred to as the Registration, Compliance and Verification System (RCV), which contains the Selective Service System Registrants Registration Records (SSS 9). ED seeks access to the RCV for the purpose of confirming the registration status of applicants for assistance under title IV of the Higher Education Act of 1965 (HEA), as amended (20 U.S.C. 1070 et seq.). Section 12(f) of the Military Selective Service Act (MSSA), as amended (50 U.S.C. 3811(f)), denies eligibility of any VerDate Sep<11>2014 16:41 Nov 20, 2019 Jkt 250001 form of assistance or benefit provided under title IV of the HEA to any person required to present himself for, and submit to, registration under Section 3 of the MSSA (50 U.S.C. 3802) but who fails to do so in accordance with that section and any rules and regulations issued under that section. In addition, Section 12(f)(2) of the MSSA specifies that any person required to present himself for, and submit to, registration under Section 3 of the MSSA must file a statement with the institution of higher education where the person intends to attend or is attending that he is in compliance with the MSSA. Furthermore, Section 12(f)(3) of the MSSA authorizes the Secretary of Education, in agreement with the Director of the Selective Service System, to prescribe methods for verifying the statements of compliance filed by students. Purpose(s): The matching program, which has been in effect since December 6, 1985, will permit ED to confirm the registration status of applicants for, or recipients of, financial assistance under title IV of the HEA, as authorized by section 484(n) of the HEA (20 U.S.C. 1091(n)). Categories of Individuals: The individuals included in this matching program are FAFSA applicants who answer ‘‘Male’’ or ‘‘Blank’’ to the question ‘‘Are you Male or Female.’’ Of this group, FAFSA applicants are included who were born after December 31, 1959, and indicate that they are registered with the Selective Service and, applicants who request to be registered for the Selective Service on the FAFSA and are at least 17-years-old on the date they file the FAFSA for the applicable award year. Categories of Records: The data elements sent in the record include: Name, Social Security number, Date of Birth, Address, FAFSA signature date (date used to determine the student’s age), and the applicant’s Signature Flag (to confirm authorization). System(s) of Records: SSS system of Records: Selective Service Registration Records (SSS 9), (76 FR 58321, September 20, 2011) and the Department of Education Federal Student Aid Application File (18–11– 01), (76 FR 46774, August 3, 2011). Accessible Format: Individuals with disabilities can obtain this document in an accessible format (such as, braille, large print, audiotape, or compact disc) on request to the contact 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 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 64309 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 your search to documents published by the Department. Mark A. Brown, Chief Operating Officer, Federal Student Aid. [FR Doc. 2019–25290 Filed 11–20–19; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF EDUCATION Notice of Investigation and Record Requests Office of the General Counsel, Department of Education. ACTION: Notice. AGENCY: The Department publishes letters, dated September 26, 2019, notifying the University of Maryland and the Massachusetts Institute of Technology 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. SUMMARY: 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 letters, dated September 26, 2019, notifying the University of Maryland and the Massachusetts Institute of Technology 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 the University of Maryland is in Appendix A of this notice. The letter to the Massachusetts E:\FR\FM\21NON1.SGM 21NON1 64310 Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Notices Institute of Technology 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 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 University of Maryland September 26, 2019 Wallace D. Loh, President University of Maryland 1101 Main Administration Building 7901 Regents Dr. College Park, MD 20742-6105 Re: Notice of 20 U.S.C. § 1011f Investigation and Record Request/ University of Maryland Dear President Loh: Section 117 of the Higher Education Act of 1965, codified at 20 U.S.C. § 1011f, requires the University of Maryland to report statutorily defined gifts from and contracts with a foreign source to the U.S. Department of Education. These reports are posted at https://studentaid.ed.gov/sa/about/datacenter/school/foreign-gifts. The Department is concerned that your reporting may not fully capture all gifts, contracts, and/or restricted and conditional gifts or contracts from or with all foreign sources to the University of Maryland and/or its affiliated entities operating substantially under the auspices of your institution or for its benefit (e.g., laboratories, schools, centers, foundations, and non-profit organizations such as the ‘‘University of Maryland Foundation’’, the ‘‘Maryland VerDate Sep<11>2014 16:41 Nov 20, 2019 Jkt 250001 Catalyst Fund’’, or the ‘‘Maryland International Incubator’’, and their employees, faculty, lecturers, researchers, and fellows) (collectively ‘‘UMD’’) as required by law. See, e.g., https://president.umd.edu/ communications/statements/umdscommitment-internationalcollaborations-and-internationalcommunity. 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 and now requests UMD produce the following records within thirty days: 1. All records of, regarding, or referencing gifts, contracts, and/or restricted or conditional gifts or contracts from or with a foreign source to your Institution. The time frame for this request is January 1, 2014, to the present. 2. All records of, regarding, or referencing gifts, contracts, and/or restricted or conditional gifts or contracts from or with (i) the government of the People’s Republic of China, the Central Committee of the Communist Party of China, Huawei Technologies Co. Ltd., Huawei Technologies USA, Inc., ZTE Corp, Peking University, China University of Petroleum, Beijing Kaiwen Educational Technology Co. and their agents; (ii) the government of Qatar (including those persons known as the Qatar Foundation for Education, Science and Community Development aka the Qatar Foundation aka the Qatar National Research Fund), and its agents; and (iii) the government of Russia, the Skolkovo Foundation, Kaspersky Lab and Kaspersky Lab US, and their agents to your Institution. The time frame for this request is January 1, 2012, to the present. 3. All records of, regarding, or referencing ‘‘Hanban’’ or the Office of Chinese Language Council International and its agents to your Institution. The time frame for this request is January 1, 2014, to the present. 4. All records of, regarding, or referencing gifts, contracts, and/or restricted or conditional gifts or contracts from or with the Confucius Institute and its agents to your Institution. The time frame for this request is January 1, 2010, to the present. PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 5. All records of, regarding, or referencing the audit and accounting practices and/or other institutional controls used to capture, track, report, and verify gifts, contracts, and/or restricted or conditional gifts or contracts from or with a foreign source to your Institution. The time frame for this request is January 1, 2014, to the present. 6. A list of all gifts, contracts, and/or restricted or conditional gifts or contracts from or with a foreign source to your Institution that were not properly reported to the Department of Education. For each such gift, contract, and/or restricted or conditional gift or contract from or with a foreign source to your Institution, please explain your Institution’s failure to report. The time frame for this request is January 1, 2014, to the present. 7. All records of, regarding, or referencing solicitation by your Institution of gifts, contracts, and/or restricted or conditional gifts or contracts with or from a foreign source. The time frame for this request is January 1, 2014, to the present. 8. All records of, regarding, or referencing compliance by your Institution with 20 U.S.C. §§ 1011f(a), (b), (c), and (e). The time frame for this request is January 1, 2014, to the present. 9. All communications between your Institution and a foreign source listed as or a resident of a country requiring cooperation with an international boycott pursuant to 26 U.S.C. § 999(a)(3). The time frame for this request is January 1, 2014, to the present. 10. All records of, regarding, or referencing actions taken and institutional controls created by your Institution to confirm (a) each foreign source has not violated 18 U.S.C. §§ 2339, 2339A, 2339B, 2339C, and 2339D; and (b) each gift, contract, and/or restricted or conditional gift or contract from or with a foreign source complies with Executive Order 13224. The time frame for this request is January 1, 2014, to the present. 11. Your Institution’s IRS Form 990s and schedules, including Schedules F and R, for tax years 2014, 2015, 2016, 2017, and 2018. 12. A list of all persons at your Institution supported by a gift, contract, and/or restricted or conditional gift or contract with or from a foreign source (e.g., a research scientist working on a project developing artificial intelligence or engineering systems funded in whole or in part by a foreign source, a foreign graduate student studying physics under a scholarship or other contractual E:\FR\FM\21NON1.SGM 21NON1 Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Notices arrangement with a foreign government, a fellow in a cultural studies program created by endowment or other gift from a foreign source). The relevant foreign source should be specified for each such person. The time frame for this request is January 1, 2014, to the present. 13. A list of all persons responsible for 20 U.S.C. § 1011f compliance. The time frame for this request is January 1, 2014, to the present. 14. All certifications and related documentation required under the International Traffic in Arms Regulations (ITAR), 22 CFR Subchapter M, the Arms Export Control Act of 1976 (Title II of Pub.L. 94–329), 90 Stat. 729, 22 U.S.C. Chapter 39, the Export Administration Regulations (EAR), 15 CFR § 730 et seq., or any other related authority with respect to programs and activities sponsored by your Institution. The time frame for this request is January 1, 2014, to the present. As used in this Notice of Investigation and Information Request: ‘‘Agent’’ means any person who acts for or on behalf of a foreign source and includes a subsidiary or affiliate of a foreign legal entity. ‘‘Contract’’ has the meaning given at 20 U.S.C. § 1011f(h)(1). ‘‘Foreign source’’ has the meaning given at 20 U.S.C. § 1011f(h)(2). ‘‘Gift’’ has the meaning given at 20 U.S.C. § 1011f(h)(3). ‘‘Institution’’ has the meaning given at 20 U.S.C. § 1011f(h)(4) and for purposes of this investigation and record request includes UMD and all affiliated entities (e.g., centers, schools, boards, foundations, laboratories, research facilities, branches, and/or non-profit organizations, their employees, faculty, lecturers, researchers, and fellows) operating substantially under UMD’s auspices or for its benefit. ‘‘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 PowerPoint TMtrade; 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 VerDate Sep<11>2014 16:41 Nov 20, 2019 Jkt 250001 (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. ‘‘Restricted or conditional gift or contract’’ has the meaning given at 20 U.S.C. § 1011f(h)(5). 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 it so the Department may assess the validity of your claim. Please note no other privileges apply here. Your record and data preservation obligations are outlined at Exhibit A. This investigation will be directed by the Department’s Office of the General Counsel with support from Federal Student Aid. Please contact Mr. Patrick Shaheen at Patrick.Shaheen@ed.gov regarding production of the requested information. Sincerely yours, Reed D. Rubinstein Principal Deputy General Counsel delegated the authority and duties of the General Counsel Appendix B—Letter to Massachusetts Institute of Technology September 26, 2019 L. Rafael Reif, President Massachusetts Institute of Technology 77 Massachusetts Avenue Room 3-208 Cambridge, MA 02139-4307 Re: Notice of 20 U.S.C. § 1011f Investigation and Record Request/ Massachusetts Institute of Technology Dear President Reif: Section 117 of the Higher Education Act of 1965, codified at 20 U.S.C. § 1011f, requires the Massachusetts Institute of Technology to report statutorily defined gifts from and contracts with a foreign source to the U.S. Department of Education. These reports are posted at https:// studentaid.ed.gov/sa/about/data-center/ school/foreign-gifts. The Department is concerned that your reporting may not fully capture all gifts, contracts, and/or restricted and conditional gifts or contracts from or with all foreign sources to the Massachusetts Institute of Technology PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 64311 and/or its affiliated entities operating substantially under the auspices of your institution or for its benefit (e.g., laboratories, schools, centers, foundations, global ‘‘collaborations’’ and/or non-profit organizations such as the ‘‘Industrial Liaison Program’’, ‘‘Masdar Institute’’, the ‘‘Skolkovo Institute of Science and Technology’’, or the ‘‘MIT Campus, China’’, their employees, faculty, lecturers, researchers, and fellows) (collectively ‘‘MIT’’) as required by law. See, e.g. https://news.mit.edu/2019/remarkspresident-reif-institute-faculty-meeting0918 (reporting flaws in donor and gift agreement ‘‘process and practices’’); https://www.pogo.org/investigation/ 2019/02/universities-on-the-foreignpayroll/ (‘‘Lester’s report stated that, ‘over the last three years, sponsored research projects funded by Saudi organizations accounted for 52% of all Saudi-funded expenditures at MIT.’ Yet most of the research sponsors listed in the report are not included as sources of monetary gifts or contracts in the federal data reviewed by POGO’’) (emphasis added). 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 MIT and now requests that you produce the following records within thirty days: 1. All records of, regarding, or referencing gifts, contracts, and/or restricted or conditional gifts or contracts from or with a foreign source to your Institution. The time frame for this request is January 1, 2014, to the present. 2. All records of, regarding, or referencing gifts, contracts, and/or restricted or conditional gifts or contracts from or with (i) the government of Saudi Arabia, Mohammed Abdul Latif Jameel, Saudi Aramco, the King Abdulaziz City for Science and Technology, SABIC, the King Fahd University of Petroleum and Minerals, the MiSK Foundation, the Olayan Financing Group, other Saudi nationals, and their agents; (ii) the government of People’s Republic of China, the Central Committee of the Communist Party of China, Huawei Technologies Co. Ltd., Huawei Technologies USA, Inc., ZTE Corp, Peking University, China University of E:\FR\FM\21NON1.SGM 21NON1 64312 Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Notices Petroleum, Beijing Kaiwen Educational Technology Co. and their agents; (iii) the government of Qatar (including those persons known as the Qatar Foundation for Education, Science and Community Development aka the Qatar Foundation aka the Qatar National Research Fund), and its agents; and (iv) the government of Russia, the Skolkovo Foundation, Kaspersky Lab and Kaspersky Lab US, and their agents, to your Institution. The time frame for this request is January 1, 2012, to the present. 3. All records of, regarding, or referencing ‘‘Hanban’’ or the Office of Chinese Language Council International and its agents to your Institution. The time frame for this request is January 1, 2014, to the present. 4. All records of, regarding, or referencing gifts, contracts, and/or restricted or conditional gifts or contracts from or with the Confucius Institute and its agents to your Institution. The time frame for this request is January 1, 2010, to the present. 5. All records of, regarding, or referencing the audit and accounting practices and/or other institutional controls used to capture, track, report, and verify gifts, contracts, and/or restricted or conditional gifts or contracts from or with a foreign source to your Institution. The time frame for this request is January 1, 2014, to the present. 6. A list of all gifts, contracts, and/or restricted or conditional gifts or contracts from or with a foreign source to your Institution that were not properly reported to the Department of Education. For each such gift, contract, and/or restricted or conditional gift or contract from or with a foreign source to your Institution, please explain your Institution’s failure to report. The time frame for this request is January 1, 2014, to the present. 7. All records of, regarding, or referencing solicitation by your Institution of gifts, contracts, and/or restricted or conditional gifts or contracts with or from a foreign source. The time frame for this request is January 1, 2014, to the present. 8. All records of, regarding, or referencing compliance by your Institution with 20 U.S.C. §§ 1011f(a), (b), (c), and (e). The time frame for this request is January 1, 2014, to the present. 9. All communications between your Institution and a foreign source listed as or a resident of a country requiring cooperation with an international boycott pursuant to 26 U.S.C. § 999(a)(3). The time frame for this VerDate Sep<11>2014 16:41 Nov 20, 2019 Jkt 250001 request is January 1, 2014, to the present. 10. All records of, regarding, or referencing actions taken and institutional controls created by your Institution to confirm (a) each foreign source has not violated 18 U.S.C. §§ 2339, 2339A, 2339B, 2339C, and 2339D; and (b) each gift, contract, and/or restricted or conditional gift or contract from or with a foreign source complies with Executive Order 13224. The time frame for this request is January 1, 2014, to the present. 11. Your Institution’s IRS Form 990s and schedules, including Schedules F and R, for tax years 2014, 2015, 2016, 2017, and 2018. 12. A list of all persons at your Institution supported by a gift, contract, and/or restricted or conditional gift or contract with or from a foreign source (e.g., a research scientist working on a project testing artificial intelligence or other engineering systems funded in whole or in part by a foreign source, a foreign graduate student studying physics under a scholarship or other contractual arrangement with a foreign government, a fellow in a cultural studies program created by endowment or other gift from a foreign source). The relevant foreign source should be specified for each such person. The time frame for this request is January 1, 2014, to the present. 13. A list of the persons responsible for 20 U.S.C. § 1011f compliance for your Institution. The time frame for this request is January 1, 2014, to the present. 14. All certifications and related documentation required under the International Traffic in Arms Regulations (ITAR), 22 CFR Subchapter M, the Arms Export Control Act of 1976 (Title II of Pub. L. 94–329), 90 Stat. 729, 22 U.S.C. Chapter 39, the Export Administration Regulations (EAR), 15 CFR 730 et seq., or any other related authority with respect to programs and activities sponsored by your Institution. The time frame for this request is January 1, 2014, to the present. As used in this Notice of Investigation and Information Request: ‘‘Agent’’ means any person who acts for or on behalf of a foreign source and includes a subsidiary or affiliate of a foreign legal entity. ‘‘Contract’’ has the meaning given at 20 U.S.C. § 1011f(h)(1). ‘‘Foreign source’’ has the meaning given at 20 U.S.C. § 1011f(h)(2). ‘‘Gift’’ has the meaning given at 20 U.S.C. § 1011f(h)(3). ‘‘Institution’’ has the meaning given at 20 U.S.C. § 1011f(h)(4) and for the purposes of this investigation and PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 record request includes MIT and all affiliated entities (e.g., centers, schools, boards, foundations, laboratories, research facilities, branches, and/or non-profit organizations, their employees, faculty, lecturers, researchers, and fellows) operating substantially under MIT’s auspices or for its benefit. ‘‘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 PowerPoint TM 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. ‘‘Restricted or conditional gift or contract’’ has the meaning given at 20 U.S.C. § 1011f(h)(5). 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 it so the Department may assess the validity of your claim. Please note no other privileges apply here. Your record and data preservation obligations are outlined at Exhibit A. This investigation will be directed by the Department’s Office of the General Counsel with support from Federal Student Aid. Please contact Patrick Shaheen at Patrick.Shaheen@ed.gov with any questions you might have regarding production of the requested information. Sincerely yours, Reed D. Rubinstein Principal Deputy General Counsel E:\FR\FM\21NON1.SGM 21NON1 Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Notices delegated the authority and duties of the General Counsel [FR Doc. 2019–25231 Filed 11–20–19; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 3102–026] Jason and Carol Victoria Presley; Notice of Application for Surrender of License, Soliciting Comments, Motions To Intervene, and Protests Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection: a. Application Type: Application for surrender of minor license. b. Project No: 3102–026. c. Date Filed: November 7, 2019. d. Applicant: Jason and Carol Victoria Presley. e. Name of Project: High Shoals Hydroelectric Project. f. Location: The 1,027-kilowatt project is located on the Apalachee River in Walton, Morgan and Oconee Counties, Georgia. The project does not occupy any federal lands. g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a–825r. h. Applicant Contact: David M. Moore, Earth and Water Law, LLC, Suite 1900, 1230 Peachtree Street NE, Atlanta, GA 30309; David.moore@ earthandwatergroup.com, or 404–245– 5421. i. FERC Contact: Diana Shannon, (202) 502–6136, diana.shannon@ ferc.gov. j. Deadline for filing comments, motions to intervene, and protests: December 16, 2019. The Commission strongly encourages electronic filing. Please file comments, motions to intervene, and protests using the Commission’s eFiling system at https://www.ferc.gov/docs-filing/ efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at https:// www.ferc.gov/docs-filing/ ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov, (866) 208–3676 (toll free), or (202) 502–8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. VerDate Sep<11>2014 16:41 Nov 20, 2019 Jkt 250001 The first page of any filing should include docket number P–3102–026. Comments emailed to Commission staff are not considered part of the Commission record. The Commission’s Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. k. Description of Request: The applicant proposes to surrender its license for the project. The project has not operated since 2018 and Walton County Water and Sewerage Authority’s proposed water intake to be located just upstream of the project would affect continued project operation. No ground disturbance is proposed and project features would remain in place. The applicant would retain ownership of the dam. To decommission project facilities, the applicant proposes to close the canal intake gates and disconnect the project generators, leaving the generating equipment in place. The powerhouse would remain secured with the existing fencing and security system. The current license expires on August 30, 2021. l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission’s Public Reference Room, located at 888 First Street NE, Room 2A, Washington, DC 20426, or by calling (202) 502–8371. This filing may also be viewed on the Commission’s website at https://www.ferc.gov using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at https:// www.ferc.gov/docs-filing/ esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call 1–866–208–3676 or email FERCOnlineSupport@ferc.gov, for TTY, call (202) 502–8659. A copy is also available for inspection and reproduction at the address in item (h) above. Agencies may obtain copies of the application directly from the applicant. m. Individuals desiring to be included on the Commission’s mailing list should so indicate by writing to the Secretary of the Commission. n. Comments, Protests, or Motions to Intervene: Anyone may submit PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 64313 comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214, respectively. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission’s Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Filing and Service of Documents: Any filing must (1) bear in all capital letters the title COMMENTS, PROTEST, or MOTION TO INTERVENE as applicable; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person commenting, protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, motions to intervene, or protests must set forth their evidentiary basis. Any filing made by an intervenor must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 385.2010. Dated: November 15, 2019. Kimberly D. Bose, Secretary. [FR Doc. 2019–25268 Filed 11–20–19; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 Take notice that the Commission received the following exempt wholesale generator filings: Docket Numbers: EG20–28–000. Applicants: Maverick Wind Project, LLC. Description: Notice of SelfCertification of Exempt Wholesale Generator Status of Maverick Wind Project, LLC. Filed Date: 11/15/19. Accession Number: 20191115–5084. Comments Due: 5 p.m. ET 12/6/19. Docket Numbers: EG20–29–000. Applicants: Maverick Wind Project Holdings LLC. Description: Notice of SelfCertification of Exempt Wholesale E:\FR\FM\21NON1.SGM 21NON1

Agencies

[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Notices]
[Pages 64309-64313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25231]


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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 letters, dated September 26, 2019, 
notifying the University of Maryland and the Massachusetts Institute of 
Technology 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 letters, dated 
September 26, 2019, notifying the University of Maryland and the 
Massachusetts Institute of Technology 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 the University of 
Maryland is in Appendix A of this notice. The letter to the 
Massachusetts

[[Page 64310]]

Institute of Technology 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 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 University of Maryland

September 26, 2019

Wallace D. Loh, President
University of Maryland
1101 Main Administration Building
7901 Regents Dr.
College Park, MD 20742-6105

    Re: Notice of 20 U.S.C. Sec.  1011f Investigation and Record 
Request/University of Maryland

Dear President Loh:

    Section 117 of the Higher Education Act of 1965, codified at 20 
U.S.C. Sec.  1011f, requires the University of Maryland to report 
statutorily defined gifts from and contracts with a foreign source to 
the U.S. Department of Education. These reports are posted at https://studentaid.ed.gov/sa/about/data-center/school/foreign-gifts.
    The Department is concerned that your reporting may not fully 
capture all gifts, contracts, and/or restricted and conditional gifts 
or contracts from or with all foreign sources to the University of 
Maryland and/or its affiliated entities operating substantially under 
the auspices of your institution or for its benefit (e.g., 
laboratories, schools, centers, foundations, and non-profit 
organizations such as the ``University of Maryland Foundation'', the 
``Maryland Catalyst Fund'', or the ``Maryland International 
Incubator'', and their employees, faculty, lecturers, researchers, and 
fellows) (collectively ``UMD'') as required by law. See, e.g., https://president.umd.edu/communications/statements/umds-commitment-international-collaborations-and-international-community.
    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 and now requests 
UMD produce the following records within thirty days:
    1. All records of, regarding, or referencing gifts, contracts, and/
or restricted or conditional gifts or contracts from or with a foreign 
source to your Institution. The time frame for this request is January 
1, 2014, to the present.
    2. All records of, regarding, or referencing gifts, contracts, and/
or restricted or conditional gifts or contracts from or with (i) the 
government of the People's Republic of China, the Central Committee of 
the Communist Party of China, Huawei Technologies Co. Ltd., Huawei 
Technologies USA, Inc., ZTE Corp, Peking University, China University 
of Petroleum, Beijing Kaiwen Educational Technology Co. and their 
agents; (ii) the government of Qatar (including those persons known as 
the Qatar Foundation for Education, Science and Community Development 
aka the Qatar Foundation aka the Qatar National Research Fund), and its 
agents; and (iii) the government of Russia, the Skolkovo Foundation, 
Kaspersky Lab and Kaspersky Lab US, and their agents to your 
Institution. The time frame for this request is January 1, 2012, to the 
present.
    3. All records of, regarding, or referencing ``Hanban'' or the 
Office of Chinese Language Council International and its agents to your 
Institution. The time frame for this request is January 1, 2014, to the 
present.
    4. All records of, regarding, or referencing gifts, contracts, and/
or restricted or conditional gifts or contracts from or with the 
Confucius Institute and its agents to your Institution. The time frame 
for this request is January 1, 2010, to the present.
    5. All records of, regarding, or referencing the audit and 
accounting practices and/or other institutional controls used to 
capture, track, report, and verify gifts, contracts, and/or restricted 
or conditional gifts or contracts from or with a foreign source to your 
Institution. The time frame for this request is January 1, 2014, to the 
present.
    6. A list of all gifts, contracts, and/or restricted or conditional 
gifts or contracts from or with a foreign source to your Institution 
that were not properly reported to the Department of Education. For 
each such gift, contract, and/or restricted or conditional gift or 
contract from or with a foreign source to your Institution, please 
explain your Institution's failure to report. The time frame for this 
request is January 1, 2014, to the present.
    7. All records of, regarding, or referencing solicitation by your 
Institution of gifts, contracts, and/or restricted or conditional gifts 
or contracts with or from a foreign source. The time frame for this 
request is January 1, 2014, to the present.
    8. All records of, regarding, or referencing compliance by your 
Institution 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.
    9. All communications between your Institution and a foreign source 
listed as or a resident of a country requiring cooperation with an 
international boycott pursuant to 26 U.S.C. Sec.  999(a)(3). The time 
frame for this request is January 1, 2014, to the present.
    10. All records of, regarding, or referencing actions taken and 
institutional controls created by your Institution to confirm (a) each 
foreign source has not violated 18 U.S.C. Sec. Sec.  2339, 2339A, 
2339B, 2339C, and 2339D; and (b) each gift, contract, and/or restricted 
or conditional gift or contract from or with a foreign source complies 
with Executive Order 13224. The time frame for this request is January 
1, 2014, to the present.
    11. Your Institution's IRS Form 990s and schedules, including 
Schedules F and R, for tax years 2014, 2015, 2016, 2017, and 2018.
    12. A list of all persons at your Institution supported by a gift, 
contract, and/or restricted or conditional gift or contract with or 
from a foreign source (e.g., a research scientist working on a project 
developing artificial intelligence or engineering systems funded in 
whole or in part by a foreign source, a foreign graduate student 
studying physics under a scholarship or other contractual

[[Page 64311]]

arrangement with a foreign government, a fellow in a cultural studies 
program created by endowment or other gift from a foreign source). The 
relevant foreign source should be specified for each such person. The 
time frame for this request is January 1, 2014, to the present.
    13. A list of all persons responsible for 20 U.S.C. Sec.  1011f 
compliance. The time frame for this request is January 1, 2014, to the 
present.
    14. All certifications and related documentation required under the 
International Traffic in Arms Regulations (ITAR), 22 CFR Subchapter M, 
the Arms Export Control Act of 1976 (Title II of Pub.L. 94-329), 90 
Stat. 729, 22 U.S.C. Chapter 39, the Export Administration Regulations 
(EAR), 15 CFR Sec.  730 et seq., or any other related authority with 
respect to programs and activities sponsored by your Institution. The 
time frame for this request is January 1, 2014, to the present.
    As used in this Notice of Investigation and Information Request:
    ``Agent'' means any person who acts for or on behalf of a foreign 
source and includes a subsidiary or affiliate of a foreign legal 
entity.
    ``Contract'' has the meaning given at 20 U.S.C. Sec.  1011f(h)(1).
    ``Foreign source'' has the meaning given at 20 U.S.C. Sec.  
1011f(h)(2).
    ``Gift'' has the meaning given at 20 U.S.C. Sec.  1011f(h)(3).
    ``Institution'' has the meaning given at 20 U.S.C. Sec.  
1011f(h)(4) and for purposes of this investigation and record request 
includes UMD and all affiliated entities (e.g., centers, schools, 
boards, foundations, laboratories, research facilities, branches, and/
or non-profit organizations, their employees, faculty, lecturers, 
researchers, and fellows) operating substantially under UMD's auspices 
or for its benefit.
    ``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 PowerPoint TMtrade; 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.
    ``Restricted or conditional gift or contract'' has the meaning 
given at 20 U.S.C. Sec.  1011f(h)(5).
    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 it so the 
Department may assess the validity of your claim. Please note no other 
privileges apply here.
    Your record and data preservation obligations are outlined at 
Exhibit A.
    This investigation will be directed by the Department's Office of 
the General Counsel with support from Federal Student Aid. Please 
contact Mr. Patrick Shaheen at [email protected] regarding 
production of the requested information.
    Sincerely yours,

Reed D. Rubinstein
Principal Deputy General Counsel
delegated the authority and duties of the General Counsel

Appendix B--Letter to Massachusetts Institute of Technology

September 26, 2019

L. Rafael Reif, President
Massachusetts Institute of Technology
77 Massachusetts Avenue
Room 3-208
Cambridge, MA 02139-4307

    Re: Notice of 20 U.S.C. Sec.  1011f Investigation and Record 
Request/Massachusetts Institute of Technology

Dear President Reif:

    Section 117 of the Higher Education Act of 1965, codified at 20 
U.S.C. Sec.  1011f, requires the Massachusetts Institute of Technology 
to report statutorily defined gifts from and contracts with a foreign 
source to the U.S. Department of Education. These reports are posted at 
https://studentaid.ed.gov/sa/about/data-center/school/foreign-gifts.
    The Department is concerned that your reporting may not fully 
capture all gifts, contracts, and/or restricted and conditional gifts 
or contracts from or with all foreign sources to the Massachusetts 
Institute of Technology and/or its affiliated entities operating 
substantially under the auspices of your institution or for its benefit 
(e.g., laboratories, schools, centers, foundations, global 
``collaborations'' and/or non-profit organizations such as the 
``Industrial Liaison Program'', ``Masdar Institute'', the ``Skolkovo 
Institute of Science and Technology'', or the ``MIT Campus, China'', 
their employees, faculty, lecturers, researchers, and fellows) 
(collectively ``MIT'') as required by law. See, e.g. https://news.mit.edu/2019/remarks-president-reif-institute-faculty-meeting-0918 
(reporting flaws in donor and gift agreement ``process and 
practices''); https://www.pogo.org/investigation/2019/02/universities-on-the-foreign-payroll/ (``Lester's report stated that, `over the last 
three years, sponsored research projects funded by Saudi organizations 
accounted for 52% of all Saudi-funded expenditures at MIT.' Yet most of 
the research sponsors listed in the report are not included as sources 
of monetary gifts or contracts in the federal data reviewed by POGO'') 
(emphasis added).
    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 MIT and now 
requests that you produce the following records within thirty days:
    1. All records of, regarding, or referencing gifts, contracts, and/
or restricted or conditional gifts or contracts from or with a foreign 
source to your Institution. The time frame for this request is January 
1, 2014, to the present.
    2. All records of, regarding, or referencing gifts, contracts, and/
or restricted or conditional gifts or contracts from or with (i) the 
government of Saudi Arabia, Mohammed Abdul Latif Jameel, Saudi Aramco, 
the King Abdulaziz City for Science and Technology, SABIC, the King 
Fahd University of Petroleum and Minerals, the MiSK Foundation, the 
Olayan Financing Group, other Saudi nationals, and their agents; (ii) 
the government of People's Republic of China, the Central Committee of 
the Communist Party of China, Huawei Technologies Co. Ltd., Huawei 
Technologies USA, Inc., ZTE Corp, Peking University, China University 
of

[[Page 64312]]

Petroleum, Beijing Kaiwen Educational Technology Co. and their agents; 
(iii) the government of Qatar (including those persons known as the 
Qatar Foundation for Education, Science and Community Development aka 
the Qatar Foundation aka the Qatar National Research Fund), and its 
agents; and (iv) the government of Russia, the Skolkovo Foundation, 
Kaspersky Lab and Kaspersky Lab US, and their agents, to your 
Institution. The time frame for this request is January 1, 2012, to the 
present.
    3. All records of, regarding, or referencing ``Hanban'' or the 
Office of Chinese Language Council International and its agents to your 
Institution. The time frame for this request is January 1, 2014, to the 
present.
    4. All records of, regarding, or referencing gifts, contracts, and/
or restricted or conditional gifts or contracts from or with the 
Confucius Institute and its agents to your Institution. The time frame 
for this request is January 1, 2010, to the present.
    5. All records of, regarding, or referencing the audit and 
accounting practices and/or other institutional controls used to 
capture, track, report, and verify gifts, contracts, and/or restricted 
or conditional gifts or contracts from or with a foreign source to your 
Institution. The time frame for this request is January 1, 2014, to the 
present.
    6. A list of all gifts, contracts, and/or restricted or conditional 
gifts or contracts from or with a foreign source to your Institution 
that were not properly reported to the Department of Education. For 
each such gift, contract, and/or restricted or conditional gift or 
contract from or with a foreign source to your Institution, please 
explain your Institution's failure to report. The time frame for this 
request is January 1, 2014, to the present.
    7. All records of, regarding, or referencing solicitation by your 
Institution of gifts, contracts, and/or restricted or conditional gifts 
or contracts with or from a foreign source. The time frame for this 
request is January 1, 2014, to the present.
    8. All records of, regarding, or referencing compliance by your 
Institution 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.
    9. All communications between your Institution and a foreign source 
listed as or a resident of a country requiring cooperation with an 
international boycott pursuant to 26 U.S.C. Sec.  999(a)(3). The time 
frame for this request is January 1, 2014, to the present.
    10. All records of, regarding, or referencing actions taken and 
institutional controls created by your Institution to confirm (a) each 
foreign source has not violated 18 U.S.C. Sec. Sec.  2339, 2339A, 
2339B, 2339C, and 2339D; and (b) each gift, contract, and/or restricted 
or conditional gift or contract from or with a foreign source complies 
with Executive Order 13224. The time frame for this request is January 
1, 2014, to the present.
    11. Your Institution's IRS Form 990s and schedules, including 
Schedules F and R, for tax years 2014, 2015, 2016, 2017, and 2018.
    12. A list of all persons at your Institution supported by a gift, 
contract, and/or restricted or conditional gift or contract with or 
from a foreign source (e.g., a research scientist working on a project 
testing artificial intelligence or other engineering systems funded in 
whole or in part by a foreign source, a foreign graduate student 
studying physics under a scholarship or other contractual arrangement 
with a foreign government, a fellow in a cultural studies program 
created by endowment or other gift from a foreign source). The relevant 
foreign source should be specified for each such person. The time frame 
for this request is January 1, 2014, to the present.
    13. A list of the persons responsible for 20 U.S.C. Sec.  1011f 
compliance for your Institution. The time frame for this request is 
January 1, 2014, to the present.
    14. All certifications and related documentation required under the 
International Traffic in Arms Regulations (ITAR), 22 CFR Subchapter M, 
the Arms Export Control Act of 1976 (Title II of Pub. L. 94-329), 90 
Stat. 729, 22 U.S.C. Chapter 39, the Export Administration Regulations 
(EAR), 15 CFR 730 et seq., or any other related authority with respect 
to programs and activities sponsored by your Institution. The time 
frame for this request is January 1, 2014, to the present.
    As used in this Notice of Investigation and Information Request:
    ``Agent'' means any person who acts for or on behalf of a foreign 
source and includes a subsidiary or affiliate of a foreign legal 
entity.
    ``Contract'' has the meaning given at 20 U.S.C. Sec.  1011f(h)(1).
    ``Foreign source'' has the meaning given at 20 U.S.C. Sec.  
1011f(h)(2).
    ``Gift'' has the meaning given at 20 U.S.C. Sec.  1011f(h)(3).
    ``Institution'' has the meaning given at 20 U.S.C. Sec.  
1011f(h)(4) and for the purposes of this investigation and record 
request includes MIT and all affiliated entities (e.g., centers, 
schools, boards, foundations, laboratories, research facilities, 
branches, and/or non-profit organizations, their employees, faculty, 
lecturers, researchers, and fellows) operating substantially under 
MIT's auspices or for its benefit.
    ``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 PowerPoint TM 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.
    ``Restricted or conditional gift or contract'' has the meaning 
given at 20 U.S.C. Sec.  1011f(h)(5).
    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 it so the 
Department may assess the validity of your claim. Please note no other 
privileges apply here.
    Your record and data preservation obligations are outlined at 
Exhibit A.
    This investigation will be directed by the Department's Office of 
the General Counsel with support from Federal Student Aid. Please 
contact Patrick Shaheen at [email protected] with any questions 
you might have regarding production of the requested information.
    Sincerely yours,

Reed D. Rubinstein
Principal Deputy General Counsel

[[Page 64313]]

delegated the authority and duties of the General Counsel

[FR Doc. 2019-25231 Filed 11-20-19; 8:45 am]
BILLING CODE 4000-01-P
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