UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF THE SECRETARY

MEMORANDUM

TO: The Assistant Secretary for Elementary and Secondary Education

FROM: The Chief of Staff

SUBJECT: Redelegation of Authority

I. DELEGATION

Under the authority vested in me by a delegation from the Secretary, EA/EA/153, 

certified on May 13, 2004, and subject to the reservations noted below, I redelegate 

to you, and to anyone serving for you in an acting capacity, the authority to 

administer and utilize the gift funds described in the attached Memorandum of 

Agreement between the Department of State and the Department of Education 

signed on March 16, 2006, for the purpose of facilitating the work of the 

Department in Katrina relief and recovery efforts related to pre-K and K-12 

education, pursuant to §421 of the Department of Education Organization Act, 20 

U.S.C. §3481.

II. RESERVATIONS

The authority under this delegation may not be exercised without advance written 

concurrence by the Office of the General Counsel. This delegation does not 

delegate the authority to accept gifts of in-kind travel pursuant to 31 U.S.C. §1353.

III. REDELEGATION 

No further redelegation is authorized. 

IV. CERTIFICATION AND EFFECTIVE DATE

This delegation is effective upon certification of the Department's Principal 

Delegations Control Officer. This delegation does not alter the authority conveyed 

to Denise Dunckel by delegation EA/EOE/3 certified on April 25, 2006. I hereby 

ratify actions within the scope of this delegation taken by you prior to the date of 

certification.

_____________/s/_____________ 

 David L. Dunn

Attachment

OGC Clearance and Date: /s/ David Berthiaume, 6/9/2006

Certified Date: 6/12/2006

Departmental Delegations Control Officer: /s/ Naty G. Beetle

Control Number: EA/ES/72

MEMORANDUM OF AGREEMENT

BETWEEN THE DEPARTMENT OF STATE
AND

THE DEPARTMENT OF EDUCATION

I. Introduction 

In the aftermath of Hurricane Katrina, a number of foreign 

governments and international entities generously made donations of 

financial assistance to the V.S. Government (USG) to support Hurricane 

Katrina relief and recovery efforts. As provided for in the National 

Response Plan, the Department of State ("DOS") has acted as the 

intermediary for these foreign offers of assistance. DOS is currently holding 

donated funds in a custodial "deposit account" within the Treasury. To date, 

the VSG has received $126.4 million in foreign monetary donations. Of 

that amount, $66 million has been transferred to the Department of 

Homeland Security to finance case management services for Hurricane 

Katrina victims. 

In early January 2006, DOS asked the Department of Education 

("ED") to develop a proposal to use the remaining balance of donations on 

hand -approximately $60.4 million -to finance educational initiatives in 

Louisiana and Mississippi. ED agreed to accept the donations pursuant to 

its gift acceptance authority for the purpose of aiding the work of ED. ED 

developed a proposal for the use of these gift funds and will work with both 

public and private institutions to support the ongoing efforts to rebuild and 

restore educational institutions at all levels in the areas of Louisiana and 

Mississippi most directly affected by Hurricane Katrina. ED's proposal is 

described in Attachment A. ED expects to disburse the gift funds within 

two months of receipt. All recognize the need for transparency and 

accountability in the use of foreign donations for Hurricane Katrina relief 

and recovery efforts. This Memorandum of Agreement (MOA) seeks to 

establish mechanisms so that foreign donations are properly managed and 

used in an accountable and transparent manner, resulting in identifiable 

educational benefits to Louisiana and Mississippi schools and institutions 

of higher education that were adversely affected by Hurricane Katrina.

II. Authorities 

 .ED: 20 V.S.C. § 3481; 20 V.S.C. § 3475; 

 DOS: 22 V.S.C. § 2656; 

 .Homeland Security Presidential Directive Number 5. 
III. Responsibilities 

A. Department of Education 

1. ED shall assume full responsibility for accountability of the foreign donations made 

for Hurricane Katrina relief and recovery efforts that DOS will transfer pursuant to section 

III.B.1. In fulfilling this responsibility, ED will impose conditions to promote accountability 

for and transparency in the use of funds, including, but not limited to, requirements to ensure 

that recipients: 

a. obligate and expend the funds in accordance with prudent management practices, 

to include internal controls sufficient to protect against waste, fraud and 

mismanagement; 

b. maintain records of the use of the funds in accordance with standard accounting 

practices, so that a clear audit trail is maintained; and 

c. develop performance measures to evaluate the effective use of these funds. 

2. Upon transfer by DOS and until disbursement to recipients, ED shall maintain the 

foreign donations in trust account 91X8258 established in the Treasury for contributions 

received under the authority of20 U.S.C. § 3481. These funds shall be tracked separately 

from other appropriated or gift funds. 

3. Funds transferred pursuant to this MOA shall be used for educational initiatives in 

the areas of Louisiana and Mississippi adversely affected by Hurricane Katrina , as described 

in Attachment A. 

4. The Inspector General of ED may audit the administration of the funds provided 

under this MOA by ED and the recipients. 

5. On a quarterly basis, ED will provide DOS with documentation and information on 

the use of funds transferred under this MOA, including information that may be shared with 

foreign donors. 

B. Department of State 

1. Upon the signing of this MOA, the Department of State shall tr.ansfer to ED 

$60,441,249.93 in foreign donations made for Hurricane Katrina relief and recovery efforts 

which are currently being held in Treasury account 19X6755. 

2. DOS may, with the approval of ED, transfer additional foreign donations for 

Hurricane Katrina relief and recovery efforts which may be received after this MOA is 

executed. 

3. DOS shall continue to serve as intermediary between 2 
the USG and the foreign donors. DOS shall provide updates as necessary to foreign 

donors on the use of their donations for Hurricane Katrina relief and recovery efforts. 

IV. Disposition of Remaining Funds 

If any funds transferred pursuant to this MOA remain available upon termination 

of all projects described in Attachment A, the Parties to this MOA shall jointly 

determine the disposition of these remaining funds. 

V. Modification 

This MOA will be effective upon signature of the Parties and may be executed in 

counterparts. The MOA may be amended in writing as mutually agreed by the Parties. 

Signed March 16, 2006: 

______/s/_______ _______/s/_________

Henrietta Force Michell Clark 

US. Department of State US. Department of Education 

Under Secretary for Management Assistant Secretary 

Office of Management