Notice of Investigation and Record Requests
| Citation | 85 FR 26674 |
| Record Number | 2020-09567 |
| Published date | 05 May 2020 |
| Section | Notices |
| Court | Education Department |
Federal Register, Volume 85 Issue 87 (Tuesday, May 5, 2020)
[Federal Register Volume 85, Number 87 (Tuesday, May 5, 2020)]
[Notices]
[Pages 26674-26676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09567]
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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 a letter, dated April 24, 2020,
notifying the University of Texas System of an investigation related to
the University of Texas System's 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 Avenue 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 this letter, dated
April 24, 2020, notifying the University of Texas System of an
investigation related to the University of Texas System's 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 Texas System is in the Appendix 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.
Reed D. Rubinstein,
Principal Deputy General Counsel, Delegated the Authority to Perform
the Functions and Duties of the General Counsel.
Appendix--Letter to University of Texas System
April 24, 2020
James B. Milliken, Chancellor Office of the Chancellor The University
of Texas System 210 West 7th St. Austin, TX 78701
Re: Notice of 20 U.S.C. 1011f Investigation and Record Request/
University of Texas System
Dear Chancellor Milliken:
Section 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f)
requires institutions of higher education (IHEs), including the
University of Texas System (UT), to fully report statutorily defined
gifts, contracts, and/or restricted and conditional gifts or contracts
from or with a foreign source to the U.S. Department of Education
(Department). These reports are posted at https://studentaid.ed.gov/sa/about/data-center/school/foreign-gifts.
According to UT's Medical Branch (UTMB), it is responsible for the
operation of the Galveston National Laboratory (GNL) under UTMB's
Institute for Human Infections and Immunity. GNL, in turn, has
substantial contractual relations with a maximum biocontainment
laboratory (MCL) in Wuhan, China (Wuhan MCL) (also known as the Wuhan
Institute of Virology) which is upon information and belief owned by
the Chinese government's Chinese Academy of Sciences. See https://www.utmb.edu/gnl/news/2018/11/28/scientific-diplomacy-and-international-cooperation-key-say-bsl4-directors; https://nationalinterest.org/blog/coronavirus/wuhan-institute-virology-origin-coronavirus-or-conspiracy-nonsense-144082; https://www.foxnews.com/world/wuhan-laboratory-china-coronavirus-controversy. On November 28,
2018, GNL claimed in SCIENCE Magazine:
We direct a newly constructed MCL in Wuhan, China (Z.Y.) and an
established MCL in the United States (J.W.L), in Galveston, Texas. In
preparation for the opening of the new
[[Page 26675]]
China MCL, we engaged in short- and long-term personnel exchanges
focused on biosafety training, building operations and maintenance, and
collaborative scientific investigations in biocontainment. We succeeded
in transferring proven best practices to the new Wuhan facility. Both
labs recently signed formal cooperative agreements that will streamline
future scientific and operational collaborations on dangerous
pathogens, although funding for research and the logistics of
exchanging specimens are challenges that we have yet to solve.
https://www.utmb.edu/gnl/news/2018/11/28/scientific-diplomacy-and-international-cooperation-key-say-bsl4-directors.
Between June 6, 2014, and June 3, 2019, UT reported approximately
twenty-four contracts with various Chinese state-owned universities and
ten contracts with Huawei Technologies, all purportedly worth a
reported total of $12,987,896. It is not clear, however, whether UT has
in fact reported all gifts from or contracts with or relating to the
Wuhan MCL, the Wuhan Institute of Virology, and/or all other foreign
sources, including agents and instrumentalities of the government of
the Peoples' Republic of China. Therefore, to verify UT's compliance
with Section 117, the Department requests that your Institution produce
the following records within thirty (30) days. Unless otherwise noted,
the relevant time frame for these requests is January 1, 2012 through
the present.
1. True copies of each gift or donation agreement, contract, and/or
conditional gift or donation agreement or contract to which your
Institution and the Wuhan MCL, the Wuhan Institute of Virology, or the
Chinese Academy of Sciences are parties.
2. True copies of each gift or donation agreement, contract, and/or
conditional gift or donation agreement or contract with or between your
Institution and any of the following:
a. BGp Inc.
b. Educational Advisors Deda Co. Ltd.
c. Xi'an Jintong University
d. University of Beijing
e. University of Shanghai
f. Dalian Auto Tech. Inc.
g. Huawei Technologies Co. Ltd.
h. Tafel New Energy Tech Co. Ltd.
i. Zhejiang Normal University
j. ATEC Shenzhen Expressway Engineering
k. Huawei Software Technologies Co. Ltd.
l. Beijing Normal University
m. Nanjing University
n. China University of Mining and Technology
o. Chengdu Technological University
p. Sichuan University
q. Southwest Jiaotong University
r. Jilin University
s. South China University of Technology
t. China University of Petroleum
u. Southwest Petroleum University
v. Shandong University of Science and Technology
w. The Communist Party of China, its agents, employees,
representatives, and instrumentalities (including but not limited to
the agents, employees, representatives, and instrumentalities of
entities such as the Communist Party of China's Central Committee,
Central Office, and Politburo Standing Committee; the General Office of
the Central Military Commission; the Chinese Ministry of Education; the
Chinese Ministry of Science and Technology; the People's Liberation
Army; the Chinese Ministry of State Security; the Chinese Ministry of
Industry and Information Technology; the Chinese Ministry of Foreign
Affairs; the Chinese Ministry of National Defense; the Central Bank of
the People's Republic of China; and any People's Republic of China
province, autonomous region, or municipality)
3. A complete list identifying and providing the last known contact
information for your Institution's faculty and staff (including full
and part time employees and contractors) involved in the
administration, direction, or scientific and/or other research
cooperation, fund raising, or any other efforts involving (a) the Wuhan
MCL; and/or (b) persons employed by or agents for any of the entities
listed in section 2(a)-(w) above. The geographic location of your
Institution's faculty and staff and/or of the persons employed by or
agents for any of the listed entities is not determinative of your
obligations hereunder (e.g., all employees, agents, lobbyists, and
attorneys of or for the listed entities must also be identified and
disclosed regardless of citizenship and place of residence). Provided
contact information should include names, position(s) held, email
addresses, mailing addresses, phone numbers, and a brief description of
the administration, direction, scientific and/or other research
cooperation, fund raising, and/or other efforts associated with the
listed person.
4. A complete list identifying and providing last known contact
information for your Institution's administrators, contractors, or
other personnel with responsibility for and/or oversight of faculty and
staff involved in any capacity with the Wuhan MCL. The geographic
location of the administrators, contractors, or other personnel at the
time of cooperation or other execution of efforts is in no way
determinative of such involvement. Provided contact information should
include names, specific responsibilities, position(s) held, email
addresses, mailing addresses, and phone numbers.
5. All records (including but not limited to emails and true copies
of contracts and/or gift or donation agreements) of, regarding, or
relating to (a) the Wuhan MCL, the Chinese Academy of Sciences, Wuhan
MCL researcher Shi Zhengli, and Eric Yuan, Chief Executive Officer of
Zoom Communications; and/or (b) any gift, contract, or conditional gift
or contract from or with the Communist Party of China, its agents,
employees, representatives, and instrumentalities.
6. All records (including but not limited to emails and true copies
of contracts and/or gift or donation agreements) of, regarding, or
related to gifts, contracts and/or restricted or conditional gifts or
contracts to or with the Institution from or with any foreign source.
The time frame for this request is January 1, 2016, to the present.
The Department requests that UT produce records as follows:
Searches for records in electronic form should include
searches of all relevant mobile devices, hard drives, network drives,
offline electronic folders, thumb drives, removable drives, records
stored in the cloud, and archive files, including, but not limited to,
backup tapes. Do not time stamp or modify the content, the create date,
or the last date modified of any record and do not scrub any metadata.
Electronic records should be produced in native format. For emails,
please place responses in one .pst file per employee. For .pdf files,
please provide searchable file format and not image file format.
All email searches should be conducted by the agency's
information technology department, or its equivalent, and not by the
individuals whose records are being searched. Please provide the name
and contact information of the individual(s) who conducted the search,
as well as an explanation of how the search was conducted.
To the extent practicable, please produce all records in a
searchable electronic format and not hardcopies. Should you have any
questions about the method or format of production please contact the
undersigned to coordinate.
As used in this Notice of Investigation and Information Request:
[[Page 26676]]
``Agent'' has its plain and ordinary meaning, indicating that a
person, organization, or entity, is acting on behalf of another person,
organization, or entity, whether that agency is disclosed or
undisclosed.
``Contract'' has the meaning given at 20 U.S.C. 1011f(h)(1).
``Faculty'' refers to all teaching positions at the university
(including professors of all ranks, teachers, lecturers, and/or
researchers whether in a classroom, laboratory, or other educational
environment--whether physically or electronically present).
``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 request includes all UT campuses and
facilities. Section 117 requires that when an institution receives the
benefit of a gift from or a contract with a foreign source in the
applicable amount, even if by an agent (e.g., employee) and through an
intermediary (e.g., non-profit organization), it must disclose the gift
or contract to the Department. Where a legal entity (e.g., centers,
boards, foundations, research groups, partnerships, or non-profit
organizations, whether or not organized under the laws of the United
States and including, by way of example and not limitation, UTMB and
GNL) operates substantially for the benefit or under the auspices of an
IHE, there is a rebuttable presumption that when that legal entity
receives money or enters into a contract with a foreign source, it is
for the benefit of the institution, and, thus, must be disclosed.
``Record'' means all recorded information, regardless of form or
characteristics, made or received, 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.
``Restricted or conditional gift or contract'' has the meaning
given at 20 U.S.C. 1011f(h)(5).
``Staff'' refers to all members of the university involved in
administration of the university and its obligations and commitments
(including deans of all ranks, administration officials, and support
personnel).
``Wuhan MCL'' refers to the maximum biocontainment laboratory in
Wuhan, China, as referenced in GNL documents, and which may also be
known as the Wuhan Institute of Virology.
If UT asserts attorney-client or attorney-work product privilege
for a given record, then it must prepare and submit a privilege log
expressly identifying each such record and describing it so the
Department may assess the claim's validity. Please note that no other
privileges apply. UT's record and data preservation obligations are
outlined at Exhibit A.
Please note that Section 117(f), 20 U.S.C. 1011f(f), provides that
whenever it appears an IHE has failed to fully comply with the law, the
Secretary of Education may, among other things, request that 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. Please further note there may also be other penalties
triggered by the knowing and intentional submission of false reports
and/or information.
The Department recognizes that the COVID-19 virus may have a
significant impact on certain UT operations. Nonetheless, the critical
importance of the Department's investigation into the accuracy of UT's
foreign source reporting with respect to the Wuhan MCL and other
Chinese Communist Party-related persons and entities is not diminished.
Accordingly, the Department expects UT's timely response to this
investigation.
This investigation is being directed by the Department's Office of
the General Counsel. To arrange transmission of the requested
information, or should you have any other questions, please contact:
Paul R. Moore, Esq. Office of the General Counsel U.S. Department of
Education 400 Maryland Ave. SW, Room 6E300 Washington, DC 20202
[email protected].
Sincerely yours,
Reed D. Rubinstein,
Principal Deputy General Counsel delegated the authority and duties
of the General Counsel.
[FR Doc. 2020-09567 Filed 5-4-20; 8:45 am]
BILLING CODE 4000-01-P
