[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

[[Page 31053]]

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