4 1 sary for immediately providing assistance under this section, 2 such appropriations to be reimbursed from the appropriations 3 authorized by this subsection when made. 4 5 "(c) No payment may be made to any local educational agency under subsection (a) except upon application there6 for which is submitted through the appropriate State educa7 tional agency and is filed with the Commissioner in accord 8 ance with regulations prescribed by him, and which meets 9 the requirements of section 6 (b) (1). In determining the 10 order in which such applications shall be approved, the Com11 missioner shall consider the relative educational and financial 12 needs of the local educational agencies which have sub13 mitted approvable applications. No payment may be made 14 under subsection (a) unless the Commissioner finds, after 15 consultation with the State and local educational agencies, 16 that the project or projects with respect to which it is made 17 are not inconsistent with overall State plans for the con18 struction of school facilities. All determinations made by the 19 Commissioner under this section shall be made only after consultation with the appropriate State educational agency 20 21 and the local educational agency. * 2 2 2 2 2 2 22 "(d) Amounts paid by the Commissioner to local edu 23 cational agencies under subsection (a) may be paid in ad 24 25 vance or by way of reimbursement and in such installments as the Commissioner may determine. Any funds paid to 5 1 a local educational agency and not expended or otherwise 2 used for the purposes for which paid shall be repaid to the 3 Treasury of the United States. 4 "(e) None of the provisions of sections 1 to 10, both in5 clusive, other than section 6 (b) (1), shall apply with re6 spect to this section." 7 SEC. 2. The Act of September 30, 1950, as amended 8 (20 U.S.C. 236-244), is amended by inserting, imme9 diately after section 9 of that Act, the following new section: 10 "ASSISTANCE FOR CURRENT SCHOOL EXPENDITURES IN 12 "SEC. 10. (a) If the Commissioner determines with re13 spect to any local educational agency that— 14 15 16 17 18 19 20 21 22 23 24 "(1) (A) such agency is located in whole or in part within an area which has suffered a major disaster as a result of any flood, drought, fire, hurricane, earthquake, storm, or other catastrophe which, in the deter mination of the President pursuant to section 2 (a) of the 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 66 (B) the Governor of the State in which such agency is located has certified the need for disaster 6 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 1 assistance under this section, and has given assurance of 2 3 4 5 6 7 8 9 10 11 2 16 "(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, 12 he may provide to such agency the additional assistance 13 necessary to provide free public education to the children 14 attending the schools of such agency, upon such terms and 15 in such amounts (subject to the provisions of this section) as the Commissioner may consider to be in the public interest. 17 Such additional assistance may be provided for a period not 18 greater than a five fiscal year period beginning with the 19 fiscal year in which the President has determined that such 20 area suffered a major disaster. The amount so provided 21 for any fiscal year shall not exceed the amount which the 22 Commissioner determines to be necessary to enable such 23 agency, with the State, local, and other Federal funds avail24 able to it for such purpose, to provide a level of education 25 equivalent to that maintained in the schools of such agency 7 1 during the last full fiscal year prior to the occurrence of such 2 major disaster. The amount, if any, so provided for the 3 second, third, and fourth fiscal years following the fiscal year4 in which the President determined that such area has suf 5 fered a major disaster shall not exceed 75 per centum, 50 6 7 per centum, and 25 per centum, respectively, of the amount so provided for the first fiscal year following such determi8 nation. 9 "(b) In addition to and apart from the funds provided 10 under subsection (a), the Commissioner is authorized to 11 provide to such agency an amount which he determines 12 to be necessary to replace instructional and maintenance 13 supplies, equipment, and materials (including textbooks) 14 destroyed or seriously damaged as a result of such major 15 disaster, and to lease or otherwise provide (other than by 16 acquisition of land or erection of facilities) school and cafe17 teria facilities needed to replace temporarily such facilities 18- which have been made unavailable as a result of the major 19 disaster. 20 "(c) There is hereby authorized to be appropriated 21 for each fiscal year such amounts as may be necessary to 22 carry out the provisions of this section. Pending such appro23 priation, the Commissioner may expend from any funds 24 heretofore or hereafter appropriated for expenditure in ac25 cordance with other sections of this Act, such sums as may 4 12, No payment may be made to any local educa 3 tional agency under this section except upon application 6 therefor which is submined through the appropriate State 7 educational agency and is filed with the Commissioner in 8 accordance with regulations prescribed by him. In deter9 mining the order in which such applications shall be ap10 proved, the Commissioner shall consider the relative edu11 cational and financial needs of the local educational agencies 12 which have submitted approvable applications. 13 "(e) Amounts paid by the Commissioner to local edu14 cational agencies under this section may be paid in advance 15 or by way of reimbursement and in such installments as the 16 Commissioner may determine. Any funds paid to a local 17 educational agency and not expended or otherwise used for 18 the purposes for which paid shall be repaid to the Treasury 19 of the United States." Chairman, Committee on Labor and Public Welfare, DEAR MR. CHAIRMAN: This is in reply to your request for the views Bureau of the Budget on S. 289, a bill to amend Public Laws 815 and 874 Co gass to provide financial assistance in the construction and operat e elementary and secondary schools in areas affected by a major di betic would sachorise the Corynissioner of Education to provide fi:. or at “asor disaster areas (a) for cons,rucdon and (5) for operat 49′′X and secondary schook As the Office of Emergency Planni Not sot your committee, wachority is already avaliable under him the past has goneria spessing, been effective in m TAVY NA PODA? or replicement of da "sgod or destroyed s sae te owen se such authority as part |