Public Law 89–313

That the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), as

72 Stat. 548.

amended (20 U.S.C. 631–645), is amended by inserting, immediately after the last section of that Act, the following new section:

“Sec. 16. “school construction assistance in major disaster areas

(a)(a)

If the Director of the Office of Emergency Planning determines with respect to any local educational agency that—

“(1)“(1)

(A)(A)

such agency is located in whole or in part within an area which, after August 30, 1965, and prior to July 1, 1967, has suffered a major disaster as a result of any flood, drought, fire, hurricane, earthquake, storm, or other catastrophe which, in the determination of the President pursuant to section 2(a) of the

64 Stat. 1109.

Act of September 311, 1950 (42 U.S.C. 1855a(a)), is or threatens to be of sufficient severity and magnitude to warrant disaster assistance by the Federal Government, and

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“(B)“(B)

the Governor of the State in which such agency is located has certified the need for disaster assistance under this section, and has given assurance of expenditure of a reasonable amount of the funds of the government of such State, or of any political subdivision thereof, for the same or similar purposes with respect to such catastrophe,

and if the Commissioner determines with respect to such local educational agency that—

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“(2)“(2)

public elementary or secondary school facilities of such agency have been destroyed or seriously damaged as a result of this major disaster;

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“(3)“(3)

such agency is making a reasonable tax effort and is exercising due diligence in availing itself of State and other financial assistance available for the replacement or restoration of such school facilities;

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“(4)“(4)

such agency does not have sufficient funds available to it from State, local, and other Federal sources (including funds available under other provisions of this Act), and from the proceeds of insurance on such school facilities, to provide the minimum school facilities needed for the restoration or replacement of the school facilities so destroyed or seriously damaged; and

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“(5)“(5)

to the extent that the operation of private elementary and secondary schools in the school attendance area of the local educational agency has been disrupted or impaired by such disaster, such local educational agency has complied with the provisions of section 7(a)(3) of the Act of September 30, 1950 (Public

Post, p. 1160.

Law 874, Eighty-first Congress), with respect to provisions for the conduct of educational programs under public auspices and administration in which children enrolled in such private elementary and secondary schools may attend and participate,

the Commissioner may provide the additional assistance necessary to enable such agency to provide such facilities, upon such terms and in such amounts (subject to the provisions of this section) as the Commissioner may consider to be in the public interest; but such additional assistance, plus the amount which he determines to be available from State, local, and other Federal sources (including funds available under other provisions of this Act, and from the proceeds of insurance, may not exceed the cost of construction incident to the restoration or replacement of the school facilities destroyed or damaged as a result of the disaster. In any case deemed appropriate by the Commissioner such assistance may be in the form of a repayable advance subject to such terms and conditions as he considers to be in the public interest.

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“(b)“(b)

There are hereby authorized to be appropriated for each fiscal

Appropriation.

year such amounts as may be necessary to carry out the provisions of this section. Pending such appropriation, the Commissioner may expend (without regard to subsections (a) and (e) of section 3679 of the Revised Statutes (31 U.S.C. 665)) from any funds heretofore or hereafter appropriated for expenditure in accordance with other sections of this Act such sums as may be necessary for immediately providing assistance under this section, such appropriations to be reimbursed from the appropriations authorized by this subsection when made.

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“(c)“(c)

No payment may be made to any local educational agency

Application requirements.

under subsection (a) except upon application therefor which is submitted through the appropriate State educational agency and is filed with the Commissioner in accordance with regulations prescribed by him, and which meets the requirements of section 6(b)(1). In determining

72 Stat. 551.

20 USC 636.

the order in which such applications shall be approved, the Commissioner shall consider the relative educational and financial needs of the local educational agencies which have submitted approvable applications. No payment may be made under subsection (a) unless the Commissioner finds, after consultation with the State and local educational agencies, that the project or projects with respect to which it is made are not inconsistent with overall State plans for the construction of school facilities. All determinations made by the Commissioner under this section shall be made only after consultation with the appropriate State educational agency and the local educational agency.

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“(d)“(d)

Amounts paid by the Commissioner to local educational agencies under subsection (a) may be paid in advance or by way of reimbursement and in such installments as the Commissioner may determine. Any funds paid to a local educational agency and not expended or otherwise used for the purposes for which paid shall be repaid to the Treasury of the United States.

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“(e)“(e)

None of the provisions of sections 1 to 10, both inclusive,

20 USC 631–640.

other than section 6(b)(1), shall apply with respect to this section.”

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Sec. 2.

The Act of September 30, 1950 (Public Law 871, Eighty-first Congress), as amended, is amended by inserting, immediately

Ante, p. 35.

after section 6 of that Act, the following new section:

“Sec. 7. “assistance for current school expenditures in major disaster areas

(a)(a)

If the Director of the Office of Emergency Planning determines with respect to any local educational agency that—

“(1)“(1)

(A)(A)

such agency is located in whole or in part within an area which, after August 30, 1965. and prior to July 1, 1967, has suffered a major disaster us a result of any Hood, drought, fire, hurricane, earthquake, storm, or other catastrophe which, in the determination or the President pursuant to section 2(a) of the Act of September 30, 1950 (42 U.S.C. 1855a (a)), is or threatens

64 Stat. 1109.

to be of sufficient seventy and magnitude to warrant disaster assistance by the Federal Government, and

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“(B)“(B)

the Governor of the State in which such agency is located has certified the need for disaster assistance under this section, and has given assurance of expenditure of a reasonable amount of the funds of the government of such State, or of any political subdivision thereof, for the same or similar purposes with respect to such catastrophe,

and if the Commissioner determines with respect to such local educational agency that—

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“(2)“(2)

such agency is making a reasonable tax effort and is exercising due diligence in availing itself of State and other financial assistance, but as a. result of such major disaster it is unable to secure sufficient funds to meet the cost of providing free public education for the children attending the schools of such agency, and

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“(3)“(3)

to the extent that the operation of private elementary and secondary schools in the school attendance area of such local educational agency has been disrupted or impaired by such disaster, such local educational agency has made provision for the conduct of educational programs under public auspices and administration in which children enrolled in such private elementary and secondary schools may attend and participate: Provided, That nothing contained in this Act shall be construed to authorize the making of any payment under this Act for religious worship or instruction,

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the Commissioner may provide to such agency the additional assistance necessary to provide free public education to the children attending the schools of such agency, upon such terms and in such amounts (subject to the provisions of this section) as the Commissioner may consider to be in the public interest. Such additional assistance may be provided for a period not greater than a five fiscal year period beginning with the fiscal year in which the President has determined that such area suffered a major disaster. The amount so provided for any fiscal year shall not exceed the amount which the Commissioner determines to be necessary to enable such agency, with the State, local, and other Federal funds available to it for such purpose, to provide a level of education equivalent to that maintained in the schools of such agency during the last, full fiscal year prior to the occurrence of such major disaster, taking into account the additional costs reasonably necessary to carry out the provisions of subparagraph (3) of this section. The amount, if any, so provided for the second, third, and fourth fiscal years following the fiscal year in which the President determined that such area has suffered a major disaster shall not exceed 75 per centum, 50 per centum, and 25 per centum, respectively, of the amount so provided for the first fiscal year following such determination.

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“(b)“(b)

In addition to and apart from the funds provided under subsection (a), the Commissioner is authorized to provide to such agency an amount which he determines to be necessary to replace instructional and maintenance supplies, equipment, and materials (including textbooks) destroyed or seriously damaged as a result of such major disaster, and to lease or otherwise provide (other than by acquisition of land or erection of facilities) school and cafeteria facilities needed to replace temporarily such facilities which have been made unavailable as a result of the major disaster.

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“(c)“(c)

There is hereby authorized to be appropriated for each fiscal year such amounts as may be necessary to carry out the provisions of this section. Pending such appropriation, the Commissioner may expend (without regard to subsections (a) and (e) of section 3679 of the Revised Statutes (31 U.S.C. 665)) from any funds heretofore or hereafter appropriated for expenditure in accordance with other sections of this Act, such stuns as may be necessary for immediately providing assistance under this section, such appropriations to be reimbursed from the appropriations authorized by this subsection when made.

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“(d)“(d)

No payment may be made to any local educational agency

Application requirements.

under this section except upon application therefor which is submitted through the appropriate State educational agency and is filed with the Commissioner in accordance with regulations prescribed by him. In determining the order in which such applications shall he approved, the Commissioner shall consider the relative educational and financial needs of the local educational agencies which have submitted approvable applications.

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“(e)“(e)

Amounts paid by the Commissioner to local educational agencies under this section may be paid in advance or by way of reimbursement and in such installments as the Commissioner may determine. Any funds paid to a local educational agency and not expended or otherwise used for the purposes for which paid shall be repaid to the Treasury of the United States.”

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Sec. 3.

The Act of September 23, 1950 (Public Law 815, Eighty-first Congress), as amended, is amended by inserting immediately

Ante, p. 1158.

after the last section of that Act the following new section:

“Sec. 17. “special base closing provision

In determining the payment to be made to a local educational agency under this Act the Commissioner shall disregard the announcement, made November 19, 1964. of a decrease in or cessation of Federal activities in certain areas, and shall carry out such Act as if such announcement had not been made.”

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Sec. 4.

Sec. 5.

Subsection, (e) of section 5 of the Act of September 23, 1950 (Public Law 815, Eighty-first. Congress), is amended by inserting

72 Stat. 550.

20 USC 635.

after “waive or reduce” the following: “the minimum number requirement or”.

Sec. 6.

Sec. 7.