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 810

PUBLIC LAW 90-247-JAN. 2, 1968 PART

B—^ASSISTANCE FOR SCHOOL CONSTRUCTION EXPENDITURES I N DISASTER AREAS

[81 STAT. AND CURRENT

SCHOOL CONSTRUCTION ASSISTANCE

79 Stat. 1158. 20 USC 646.

SEC. 217. Section 16(a) of the Act of September 23, 1950 (Public Law 815, Eiffhty-first Congress), is amended to read as follows: ?

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" S C H O O L C O N S T R U C T I O N A S S I S T A N C E I N C A S E S o r CERTAIN DISASTERS

64 Stat. 1109.

"SEC. 16. (a) I n any case in which— "(1)(A) the Director of the Office of Emergency Planning determines with respect to any kx^al educational agency (including for the purpose of this section any other public agency which operates schools providing technical, vocational, or other special education to children of elementary or secondary school age) that such agency is located in whole or in part within an area which, after August 30, 1965, and prior to July 1, 1970, has suffered a major disaster as the 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 Act of September 30, 1950 (42 U.S.C. 1855a(a)), is or threatens to be of sufficient severity or magnitude to warrant disaster assistance by the Federal Government; or " (B) the Commissioner determines with respect to any such agency that public elementary or secondary school facilities (or, in the case of a public agency other than a local educational agency, school facilities providing technical, vocational, or other special education to children of elementary or secondary school age) of such agency have been destroyed or seriously damaged as a result of flood, hurricane, earthquake, storm, fire, or other catastrophe, except any such catastrophe caused by negligence or malicious action; and "(2) 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 agency that— "(3) as a result of such major disaster, (A) public elementary or secondary school facilities of such agency (or, in the case of a public agency other than a local educational agency, school facilities providing technical, vocational, or other special education to children of elementary or secondary school age) have been destroyed or seriously damaged, or (B) private elementary or secondary school facilities serving children who reside in the area served by such agency have been destroyed and will not be replaced, thereby increasing the need of such agency for school facilities; "(4) such agency is utilizing or will utilize all State and other financial assistance available for the replacement or restoration of such school facilities; "(5) 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, and requires an amount of additional assistance equal to at least $1,000 or onehalf of 1 per centum of such agency's current operating expendi-

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