1158
PUBLIC LAW 89-313-NOV. 1, 1965
[79 STAT.
Public Law 89-313 November 1, 19 65 ^^ ACT [H. R. 90 22] rpQ amend Public Laws 815 and 874, Eighty-first Congress, to provide financial assistance in the construction and operation of public elementary and seconda r y schools in a r e a s affected by a major d i s a s t e r; to eliminate inequities in the application of Public Law 815 in certain m i l i t a r y base closings; to make uniform eligibility requirements for school districts in Public Law 874; and for other purposes.
72 Stat. 548.
Be it enacted by the Senate and House of Representatives of the United /States of America in Congress assembled, That the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), as amended (20 U.S.C. 631-645), is amended by inserting, immediately after the last section of that Act, the following new section: a.SCHOOL CONSTRUCTION ASSISTANCE IN MAJOR DISASTER AREAS
"SEC. 16. (a) If the Director of the Office of Emergency Planning determines with respect to any local educational agency that— "(1)(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 30, 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 " (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— "(2) public elementary or secondary school facilities of such agency have been destroyed or seriously damaged as a result of this major disaster; "(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; "(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 "(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
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