(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 one-half of 1 per centum of such agency's current operating expenditures during the fiscal year preceding the one in which such disaster occurred, whichever is less, to provide the minimum school facilities needed (A) for the restoration or replacement of the school facilities of such agency so destroyed or seriously damaged or (B) to serve, in facilities of such agency, children who but for the destruction of the private facilities referred to in clause (3) (B) would be served by such private facilities; and (6) in the case of any such major disaster, 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) (4) of the Act of September 30, 1950 (Public 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 all cases determined pursuant to clause (1)(B) of this subsection, and in any other case deemed appropriate by the Commissioner, such assistance shall be in the form of a repayable advance subject to such terms and conditions as he considers to be in the public interest. (b) There are 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 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. (c) No payment may be made to any local educational agency 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 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. (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. (e) None of the provisions of sections 1 to 10, both inclusive, other than sections 6(b)(1), shall apply with respect to this sec SPECIAL BASE CLOSING PROVISION SEC. 17. In determining the payment to be made to a local 20 U.S.C. 647. 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. Legislative History SCHOOL CONSTRUCTION IN FEDERALLY AFFECTED AREAS, AS AMENDED THROUGH (P.L. 815) 81st Congress S. 2317: S. Rept. 948, p. 11885. Amended and passed Senate' p. 14727, Oct. 17, 1949. H. Rept. 2810; amended and passed House, p. 13056, Aug. 22, 1950. Conference report (H. Rept. 3064): Senate agrees, p. 14276, Sept. 7, 1950. House agrees, p. 14948, Sept. 15, 1950. Approved, p. 15771, Sept. 23, 1950. 83d Congress-P.L. 246 (amends P.L. 815). H.R. 6049: H. Rept. 702, p. 8043; passed House, p. 8261, July 8, 1953. S. Rept. 713; amended and passed Senate, p. 10793, Aug. 1, 1953. Conference report (H. Rept. 1091); House agrees to, p. 11110, Aug. 3, 1953. Senate agrees to, p. 11055, Aug. 3, 1953. Approved, p. 11160, Aug. 8, 1953. 83d Congress-P.L. 731 (amends P.L. 815). S. 3628: S. Rept. 2203, p. 13003; amended and passed Senate, p. 14058, Aug. 11, 1954. House amended and passed, p. 14665, Aug. 16, 1954. Senate concurs in House amendment, p. 14983, Aug. 18, 1954. Approved, p. 15838, Aug. 31, 1954. 84th Congress-P.L. 382 (amends P.L. 815 and 874). H.R. 7245; H. Rept. 1141, p. 11596; amended and passed House, p. 12408, July 30, 1955. Passed Senate, p. 12296, July 30, 1955. Approved, p. 13081, Aug. 12, 1955. 85th Congress-P.L. 620 (amends P.L. 815 and 874). H.R. 11378; H. Rept. 1532; amended and passed House, p. 7125, Apr. 23, 1958. S. Rept. 1929; amended and passed Senate, p. 15245, July 28, 1958. House concurs in Senate amendment, p. 15444, July 29, 1958. Approved, p. 18234, Aug. 12, 1958. 88th Congress-P.L. 88-210, pt. C (amends P.L. 815 and 874). H.R. 4955; H. Rept. 393, p. 11065; amended and passed House, p. 14297, Aug. 6, 1963. S. Rept. 553; amended and passed Senate, p. 18999, Oct. 8, 1963. Conference report (H. Rept. 1025); House agrees, p. 24921, Dec. 12, 1963. Senate agrees, p. 24486, Dec. 13, 1963. Approved Dec. 18, 1963. 88th Congress-P.L. 88-665 (amends P.L. 815 by sec. 1101, amends P.L. 874 by sec. 1102). S. 3060; S. Rept. 1275; passed Senate Aug. 1, 1964, p. 17116 (daily edition of Congressional Record). House amended and passed Aug. 14, 1964, p. 19075 (daily edition). Conference report (H. Rept. 1916), Sept. 30, 1964; House agrees Oct. 1, 1964, p. 22651. Senate agrees Oct. 2, 1964, p. 22747. Approved Oct. 16, 1964. 89th Congress-P.L. 89-10 H. Rept. 143 (Committee on Education and Labor). S. Rept. 146 (Committee on Labor and Public Welfare). Mar. 24-25: Considered in House. Mar. 26: Considered and passed House. Apr. 6-8: Considered in Senate. Apr. 9: Considered and passed Senate. 89th Congress-P.L. 89-313 H. Rept. 587 (Committee on Education and Labor). S. Rept. 146 (Committee on Labor and Public Welfare). Congressional Record, vol. 111 (1965): Aug. 30: Considered and passed House. Oct. 1: Considered and passed Senate, amended. Oct. 13: House concurred in Senate amendments with an amendment. 89th Congress-P.L. 89-750 91-165 0-68-pt. 2 H. Repts.: No. 1814, 1814 pt. II (Committee on Education and Labor) and No. 2309 (Committee of Conference). S. Rept. No. 1674 accompanying S. 3046 (Committee on Labor and Public Welfare). Congressional Record, vol. 112 (1966): Oct. 5: Considered in House. Oct. 6: Considered and passed House. Oct. 5, 6: S. 3046 considered and passed Senate. Oct. 7: Considered and passed Senate, amended, in lieu of S. 3046. Oct. 19: Senate agreed to conference report. Oct. 20: House agreed to conference report. 90th Congress--P.L. 90-247 H.R. 7819: House Reports: No. 188 (Committee on Education and Labor) and No. 1049 (Committee of Conference). Senate Report No. 726 (Committee on Labor and Public Welfare). Congressional Record, vol. 113 (1967): May 22-24: Considered and passed House. Dec. 1, 4-8, 11: Considered and passed Senate amended. Dec. 15: House and Senate agreed to conference report. 4. ADULT EDUCATION ACT OF 1966, AS AMENDED Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Elementary and Secondary Education Amendments of 1966". * TITLE III-ADULT EDUCATION SHORT TITLE SEC. 301. This title may be cited as the "Adult Education 20 U.S.C. 1201 note. Act of 1966". STATEMENT OF PURPOSE SEC. 302. It is the purpose of this title to encourage and ex- 20 U.S.C. 1201. pand basic educational programs for adults to enable them to overcome English language limitations, to improve their basic *NOTES.-These provisions were enacted as title III of the Elementary and Secondary Education Act Amendments of 1966. **Section 111(f) of Public Law 89-750 provides for coordination of the programs of Acts amended by Public Law 89-750 as follows: "In administering the provisions of this Act and any Act amended by this Act, the Commissioner shall consult with other Federal departments and agencies administering programs which may be effectively coordinated with programs carried out pursuant to such Acts, and to the extent practicable for the purposes of such Acts shall (1) coordinate such programs on the Federal level with the programs being administered by such other departments and agencies, and (2) require that effective procedures be adopted by State and local authorities to coordinate the development and operation of programs and projects carried out under such Acts with other public and private programs having the same or similar purposes, including community action programs under title II of the Economic Opportunity Act of 1964." ***Section 2 of Public Law 90-247 sets guidelines for the administration of programs of Acts amended by Public Law 90-247 as follows: "Rules, regulations, guidelines, or other published interpretations or orders issued by the Department of Health, Education, and Welfare or the United States Office of Education, or by any official of such agencies, in connection with, or affecting, the administration of programs authorized by this Act or by any Act amended by this Act shall contain immediately following each substantive provision of such rules, regulations, guidelines, interpretations, or orders, citations to the particular section or sections of statutory law or other legal authority upon which such provision is based. All such rules, regulations, guidelines, interpretations, or orders shall be uniformly applied and enforced throughout the fifty States.' ****Section 182 of Public Law 89-750 as amended by section 112 of Public Law 90-247 provides for compliance with the Civil Rights Act of 1964 as follows: 20 U.S.C. 821 nt. "The Commissioner of Education shall not defer action or order action deferred on any appli- |