An Act to amend Public Laws 815 and 874, 81st Congress, to provide financial assistance in the construction and operation of public elementary and secondary schools in areas affected by a major disaster to eliminate inequities in the application of Public Law 815 in certain military base closings to make uniform eligibility requirements for school districts in Public Law 874 and for other purposes
PL 89-313 (H.R.9022), enacted 11/01/1965

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 second-
ary schools in areas affected by a major disaster; to eliminate inequities in 
the application of Public Law 815 in certain military base closings; to make 
uniform eligibility requirements for school districts in Public Law 874; and for 
other purposes. 
Be it enacted hy 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 
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: 
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 edu-
cational 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 exer-
cising 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 pro-
ceeds of insurance on such school facilities, to provide the mini-
mum 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 disas-
ter, such local educational agency has complied with the provi-
sions 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 elemen-
tary 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 
79 STAT. ] 
PUBLIC LAW 89-313-NOV. 1, 1965 
1159 
Commissioner may consider to be in the public interest; but such 
additional assistance, plus the amount which he determines to be avail-
able 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 dam-
aged 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. 
"(b) There are hereby authorized to be appropriated foi'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 L'.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 appro})riations authorized by this subsection 
when made. 
''(c) No payment may be made to any local educational agency uSementl'^'^'^^' 
under subsection (a) except upon application therefor which is sub-
mitted through the appropriate State educational agency and is filet] 
with the Commissioner in accordance with regulations prescribed by 
him, and which meets the requirements of section 6(b) (1). 
In deter- 
^^ stat^ ^
5
5
^
1
. 
mining 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 approv-
able 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 educa-
tional agency. 
"(d) Amounts paid by the Connnissioner 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 purj)oses foi' which ])aid shall be 
repaid to the Treasury of the L'nited States. 
"(e) None of the provisions of sections 1 to 10, both inclusive, 
20 use 63i-64o. 
other than section 6(b) (1), shall api)ly with respect to this section." 
SEC. 2. The Act of September 30, 1950 (Public Law 874, Eighty-
first Congress), as amended, is amended by Inserting, innnediately 
after section 6 of that Act, the following new section : 
Ante, p. 35. 
"ASSISTAXC'E FOK Ct KRKNT S(H(H)L E X P K X n r r i K K S 
IN 
MA.JOK DISASTKK 
AREAS 
"SEC. 7. (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 fiood, drought, fiiv, 
iuirricane, earthquake, storm, oi- other catastrophe which, in the 
determination of the President i)Ui'suaiit to section 2(a) of the 
Act of September 3(». 1950 (42 V.^.(\ 1855a (a)), is or threatens 
^4 stat. 1109. 
1160 
PUBLIC LAW 89-313-NOV. 1, 1965 
[79 STAT. 
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 educa-
tional agency that— 
"(2) such agency is making a reasonable tax effort and is 
exercising due diligence in availing itself of State and other finan-
cial 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 
"(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 dis-
aster, such local educational agency has made provision for the 
conduct of educational programs under public auspices and admin-
istration 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, 
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 amounte 
(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 begin-
ning 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 deter-
mines 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 Y5 per centum, 
50 per centum, and 25 per centum, respectively, of the amount so 
provided for the first fiscal year following such determination. 
Replacement o
f 
"(b) In addition to and apart from the funds provided under sub-
suppiies, etc. 
sectlou (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 text-
books) destroyed or seriously damaged as a result of such major dis-
aster, 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. 
Appropriation. 
"((>) 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 
79 STAT. ] 
PUBLIC LAW 89-313-NOV. 1, 1965 
1161 
the Eevised Statutes (31 U.S.C. 665)) from any funds heretofore or 
hereafter appropriated for expenditure in accordance with other sec-
tions of this Act, such sums as may be necessary for immediately pro-
viding assistance inider this section, sucli approj)riations to be reim-
bursed from the appropriations authorized by this subseiition when 
made. 
"(d) No payment may be made to any local educational agency ^rement-^°'^''^' 
under this section except upon application therefor which is submitted 
through the appi-opriate 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 be approved, 
the Commissioner shall consider the relative educational and financial 
needs of the local educational agencies which liave submitted approv-
able applications. 
"(e) Amounts ])aid by the Commissioner to local educational agen-
cies under this section may be paid in advance or by way of reimburse-
ment and in such installments as the Conmiissioner may determine. 
Any funds paid to a local educational agency and not expended or 
otherwise used for the purposes for which paid shall l>e repaid to the 
Treasury of the I'^nited States.'" 
SEC. 8. The Act of September 23, ]J)50 (Public Law 815, Kightv-
rirst Congress), as amended, is amended by inserting innnediately 
^"^e, p. nss. 
after the last section of that Act the following new section: 
" s r E C l A l , HASE (L()SIN(i 
PROVISION 
"SEC. 17. In determining the payment to be made to a local educa-
tional agency under this Act the Commissionei" shall disregard the 
announcement, made November 19, 1964. of a decrease in or cessation 
of Federal activities in certain areas, and shall cari-y out such Act 
as if such announcement had not been made." 
SEC. 4. (a) Section 3(c) of tlie Act of September 30, 1950 (Public 
Law 874, Eighty-first Congress), is amended by striking out "and 
7o stat. 970. 
paragraph (3)*' in the second sentence of paragraph (2), by striking 
^° "^^ ^^^" 
out paragraph (3) thereof, and by striking out ", (3)," whei'e it 
appears in paragraph (5). 
(b) The amendment made by this section shall be efiei-tive on and 
Effective date. 
after July 1, 1965. 
SEC. 5. Subsection, (e) of section 5 of the Act of September 23, 1950 
(Public Law 815, Kiglity-first Congress), is amended by inserting 
Hfl^^'!^^-
after "waive or reduce*' the following: "the mininnnn number require-
ment or". 
SEC. 6. (a) Section 203(a) of the Act of September 30,1950 (Public 
Law 874, Eighty-first Congress), as amended, is amended by inserting 
immediately after jjaragraph (4) the following new paragraph: 
"(5) In the case of a State agency which is directly responsible for handler^L'd°chii 
providing, on a non-school-district basis, free i)ublic education for d^^n.^granrs. 
handicapped children (including mentally retarded, hard of hearing, 
deaf. Speech impaired, visually handicapped, seriously emotionally 
disturbed, crippled, or other health impaired children who by reason 
thereof require special education), the maximum basic grant which 
that agency shall be eligible to receive under this title for any fiscal 
year shall be an amount equal to the Federal percentage of the average 
per pupil expenditure in that State multiplied by the number of such 
children in average daily attendance, as determined by the Com-
missioner, at schools for handicapped children operated or supported 
l)y that State agency, in the most recent fiscal year for wliich satis-
factory data ai-e a\ai]able. 
Such State agency shall use payments 
under this title only for programs and projects (including the acqui-
49-850 0-66—76 
20 u s e 635. 
Ante, p. 28. 
1162 
PUBLIC LAW 89-314-NOV. 1, 1965 
[79 STAT. 
Ante, p. 31. 
Ante, p. 1161. 
Ante, p. 35. 
Ante, p. 27. 
Ante, p. 32. 
Ante, p. 31. 
Limitation. 
Effective date. 
sitioii of equipment and where necessary the construction of school 
facilities) which are designed to meet the special educational needs of 
such children." 
(b) Section 206(a)(1) of such Act is amended by striking out 
"which meet the requirements of that section'" and by inserting in 
lieu thereof "which meet the applicable requirements of that section 
and of section 203(a) (5)". 
(c) Section 303(6) of such Act is amended by adding before the 
period at the end of the second sentence thereof ", and for purposes 
of title I I (except sections 203(a) (2), 203(b), and 205(a) (1)) such 
term includes any State agency which is directly responsible for 
providing, on a non-school-district basis, free public education for 
handicapped children (including mentally retarded, hard of hearing, 
deaf, speech impaired, visually handicapped, seriously emotionally 
disturbed, crippled, or other health impaired children who by reason 
thereof require special education)''. 
SEC. 7. (a) Subsection (b) of section 207 of the Act of September 
30, 1950 (Public Law 874, Eighty-iirst Congress), as amended, is 
amended to read as follows: 
"(b) The Commissioner is authorized to pay to each State amounts 
equal to the amounts expended by it for the proper and efficient per-
formance of its duties under this title (including technical assistance 
for the measurements and evaluations required by section 205(a) (5)), 
except that the total of such payments in any fiscal year shall not. 
exceed— 
"(1) one per centum of the rotal of the amount of the basic 
grants paid under this title for that year to the local educational 
agencies of the State, or 
"(2) $75,000, or $25,000 in ilie case of Puerto Rico, Wake 
Island, Guam, American Samoa, the Vii-gin Islands, or the Trust. 
Territory of the Pacific Islands, 
whichever is the greatei-." 
(b) The amendment made l)y this section shall be effective for 
(iscal years begiiming after June 30,1065. 
Approved November 1, 1965. 
November 1, 19 65 
[H. R. 11303] 
Public Law 89-314 
AN ACT 
To amend section 18 of the Civil Service Retirement Act, as amended. 
Civil service 
retirement annui-
ties, increase. 
Extension. 
Ante, p. 840. 
5 u s e 2267 
note. 
Be if enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress asserribled. That section 18 of 
the Civil Service Retirement Act, as amended (5 U.S.C. 2268), is 
further amended hj adding the following new subsection (f) : 
"(f) Each annuity payable from the civil service retirement and 
disability fund (other than the immediate annuity of an annuitant's 
survivor or of a child entitled under section 10(d)) which has a com-
mencing date after December 1,1965, but not later than December 31, 
1965, shall be increased from its commencing date as if the annuity 
commencing date were December 1,1965." 
SEC. 2. The provisions under the heading "CIVIL, SERVICE RETIRE-
MENT AND DISABILITY FUND" in title I of the Independent Offices 
Appropriation Act, 1959 (72 Stat. 1064; Public Law 85-844), shall 
not apply with respect to benefits resulting from the enactment of 
this Act. 
Approved November 1, 1965.