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Provision of Federal assistance for current operating expenses of schools would extend Federal disaster responsibilities into a major new area. We understand that in past major disasters the efforts of private groups and the various other Federal and State aids have generally caused any net impairment in the local tax base to be both brief and relatively minor. Also, initiation of Federal aid for school operations would set a precedent which could extend to many other local government functions. In the light of the substantial Federal aids otherwise made available directly and indirectly to local communities stricken by disasters, we question whether this specific type of aid should not be provided from State resources in the limited instances where it may be urgently needed.

Finally, we note that S. 1861, the Disaster Relief Act of 1965, which passed the Senate on July 22, 1965, contains provisions similar to those of S. 289. Under the circumstances, we recommend against enactment of S. 289. Sincerely yours,

PHILLIP S. HUGHES,

Assistant Director for Legislative Reference.

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE,

Hon. LISTER HILL,

Chairman, Committee on Labor and Public Welfare,
US. Senate, Washington, D.C.

May 4, 1965.

DEAR MR. CHAIRMAN: This letter is in response to your request for a report on S. 289, a bill to amend Public Laws 815 and 874, 81st Congress, to provide Enancial assistance in the construction and operation of public elementary and secondary schools in areas affected by a major disaster.

The bill would amend Public Law 815 to provide that the Commissioner of Education may make assistance available to a local public educational agency located in whole or in part in an area which has been declared a disaster area by the President pursuant to section 2(a) of the act of September 30, 1950, and the Governor of the State in which such agency is located has certified to the need for such disaster assistance. The grant would be upon such terms and in such amounts as the Commissioner determines are in the public interest, but in no case to exceed an amount which, together with funds available from State, local, other Federal sources, and from insurance, is needed to restore or replace the school cilities destroyed or damaged as a result of a disaster. In addition, the local educational agency must make a reasonable tax effort and exercise due diligence availing itself of State and other financial assistance for the replacement and restoration of such damaged school facilities. The local educational agency would ake application for assistance to the Commissioner of Education who would consult with the State educational agency to determine whether the project is Consistent with State plans for construction of school facilities.

The amendment to Public Law 874 would authorize assistance for current perating expenses after the same determinations have been made regarding the Leed for assistance. In measuring the amounts of assistance to be granted, the Commissioner would determine the amount needed to enable the local educational acy, together with all funds available to it for such purposes, to provide a vel of education equivalent to that maintained by that agency during the full scal year prior to the occurrence of the disaster. Assistance would be authorized fr 5 fiscal years. The amount provided in the second, third, and fourth fiscal Par following the fiscal year in which a determination was made would not feed 75 percent, 50 percent, or 25 percent respectively of the amount provided for the first fiscal year following such determination. In addition, the Comssioner would be authorized to provide assistance in such amounts as he deines to provide necessary supplies, equipment, and materials and to replace porarily (other than by acquisition of land or erection of facilities) facilities that have been made unavailable as a result of the disaster. The bill would horize the appropriation of such sums as may be necessary to carry out the Psions of the act. It would also authorize the Commissioner to use funds ady available for Public Laws 815 and 874 for immediate assistance in the aster area and to reimburse the appropriations from which these funds were rowed after an appropriation is made for the disaster assistance.

We believe that tragic earthquakes and floods in recent years clearly demonfrase the need for a coordinated and overall Federal program of disaster relief

on a permanent basis. Disasters destroy homes and essential community servic such as hospitals, roads, and water and sewage facilities, in addition to shcoo The adequacy of the assistance available under the Federal Disaster Relief A of 1950 (Public Law 875, 81st Cong.) is currently under review within the ecutive branch.

Pending the outcome of such study, we would not object to the enactment of 289. However, in view of the desirability of an overall Federal program disaster relief, we would recommend that S. 289 be limited to a 2-year progran We are advised by the Bureau of the Budget that there is no objection to presentation of this report from the standpoint of the administration's progra Sincerely, WILBUR J. COHEN,

Assistant Secretary

Hon. WAYNE L. MORSE,

EXECUTIVE OFFICE OF THE PRESIDENT,
OFFICE OF EMERGENCY PLANNING,
Washington, D.C., May 13, 1965

Chairman, Education Subcommittee of the Labor and Public Welfare Commit
U.S. Senate, Washington, D.C.

DEAR SENATOR MORSE: During the recent hearings on S. 289, Senator Rando requested that we supply you with a list of the repair and reconstruction of scho that we have undertaken during the 3-year period beginning January 1,19 under the Federal Disaster Assistance Act, Public Law 81-875.

Enclosed for your information is a list of this work totaling $12,144,600. 1 figure represents the bulk of such expenditures. Some of our earlier records of period have gone to Archives and are not readily available for inclusion in tabulation. The amount covered by those records would not be substant You will note on page 5 of the enclosure that there are nine recent disaster which school damage occurred but for which we do not as yet have final dam estimates. We will, of course, make the necessary repairs or replacement these facilities under Public Law 81-875 as rapidly as possible.

Sincerely,

BUFORD ELLINGTON, Directo

MAY 12, 1968

Repair and reconstruction of schools under Public Law 81-875 Nevada, Feb. 22, 1962: 1 school, repair parking areas, playgrounds and driveways..

Work

Kentucky, Mar. 12, 1962: 15 schools damaged in 9 counties. included miscellaneous building and ground repairs, debris clearance, repair and replacement of books, equipment and supplies _ _

Guam, Nov. 12, 1962:

Emergency repairs were made to 17 schools and Guam college.
This included repairs and in some cases, replacement of
destroyed buildings with preengineered steel buildings.

9 schools and the department of education administration build-
ing and warehouse were completely reconstructed. Approx-
imately 40 percent of the total was contributed from Public
Law 81-875 funds. The balance was made up from govern-
ment of Guam funds. The 9 schools included the George
Washington High School and comprised approximately 165
classrooms. The amount contributed was...

A grant was also made for replacing books, equipment, and supplies

Total for schools___

$4,

35,

445,

3, 271,

559,

4, 275,

West Virginia, Mar. 13, 1963: 54 schools were damaged in 5 counties.
Work included repairs to buildings and grounds and replacement
of books, equipment and supplies. 1 school, the East Logan
Junior High School in Logan County sustained major damage
totaling $121,000. Total for schools...

Kentucky, Mar. 13, 1963: About 68 schools were damaged in 10
counties including 6 State vocational schools. No major damage
was sustained. Work included debris removal, repairs of buildings
and grounds, and replacement of books, equipment and supplies
Vrginia, Mar. 21, 1963: 18 schools sustained slight damage in 4
counties. Work was of the same nature as noted above.___
Guam, Apr. 30, 1963: 8 schools were damaged to some extent.
Work was primarily debris clearance and minor repairs_-_-
Trst Territory of the Pacific Islands, Apr. 30, 1963: 8 schools on
the islands of Saipan, Tinian, and Rota suffered damage. Repairs
required were minor except for an elementary school on Tinian
which had to be replaced...

New York, Aug. 23, 1963: 33 schools were damaged in the city of
Buffalo. Minor repairs only were required..

California, Dec. 21, 1963: 1 school was damaged in Los Angeles and
required repairs to the buildings and grounds-
Attucky, Mar. 17, 1964: 4 schools in 3 counties suffered moderate
damage. Work consisted of clean-up, repairs to grounds and
buildings and repair of equipment..

Mar. 24, 1964: 4 schools in 4 cities had moderate damage.
Work consisted of grounds and building repairs, and replacement
of books, equipment and supplies..
Alaska, Mar. 28, 1964: 49 schools in 12 localities suffered varying
egrees of damage. The 2 most badly damaged were West High
School and Government Hill Elementary School in Anchorage,
both of which had to be almost totally replaced at a cost of approx-
mately $4,200,000. At Valdez, the town had to be completely
relocated because of the instability of the underlying strata result-
z from the quake. The relocation of the schools will cost about
$1200.000. The balance of the necessary repair is estimated at
2bout $1,000,000. Total for schools.

ana, June 9, 1964: Only 1 school was appreciably damaged. This school, in Cascade County, required major repairs to the bilding and the repair and replacement of books, equipment and Spplies. Rental costs for emergency classroom space during the Freonstruction were also approved..

Fotia, Sept. 10, 1964: Almost 300 schools were repaired to some e with Public Law 81-875 funds. Work consisted of debris Gearance, building repairs and replacement of books, equipment supplies. The only major repair required was at the anee High School in Suwannee County. About of the ol had to be replaced at a cost of about $175,000. Total school repairs. -

Lisans, Oct. 3, 1964: 57 schools in 6 parishes were damaged to
some extent. Most of the building repair entailed roofs and
dows. Work consisted of repairs to buildings and grounds,
placement of books, equipment and supplies, bus repair, and
ons clearance_

P Dec. 24, 1964: 9 schools in 4 counties suffered minor to
Corate damage. Work consisted of debris clearance, repairs
buildings and grounds, and replacement of books, equipment
and supplies.
1 of the schools suffered extensive damage to its
door physical education areas, emergency repair of which will
ount to about $77,000. Total for school repair...
Dec. 31, 1964: 1 school had minor damage to drainage
ties, grounds, and building....

Total..

$254, 000

184,000

19,000

76,000

87,000

34, 000

13, 000

42, 000

43, 000

6, 412, 000

98,000

363, 000

60,000

142, 000

3, 000

12, 144, 600

58-473-65- 3

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Bureau of the Budget.

CONTENTS

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Department of Health, Education, and Welfare..

CHRONOLOGICAL LIST OF WITNESSES

Hon. Francis Keppel, U.S. Commissioner of Education; accompanied by
B. A. Lillywhite, Assistant Commissioner, Director, Division of School
Assistance in Federally Affected Areas; Dr. Samuel Halperin, Director,
Office of Legislation; and Richard Johnson, legislative specialist, Office
of Education..

Franklin B. Dryden, Deputy Director, Office of Emergency Planning;
accompanied by Robert Y. Phillips, Director, Government Readiness
Office; and Mordecai Merker, legal adviser, Office of Emergency
Planning...

STATEMENTS

Bartlett, Hon. E. L., a U.S. Senator from the State of Alaska..
Bayh, Hon. Birch, a U.S. Senator from the State of Indiana.......
Dryden, Franklin B., Deputy Director, Office of Emergency Planning;
accompanied by Robert Y. Phillips, Director, Government Readiness
Office; and Mordecai Merker, legal adviser, Office of Emergency
Planning.

Dryden, Franklin B., Deputy Director, Office of Emergency Planning,
prepared statement..

Edinger, Dr. Lois, president, National Education Association, prepared

statement..

Keppel, Hon. Francis, U.S. Commissioner of Education; accompanied by
B. A. Lillywhite, Assistant Commissioner, Director, Division of School
Assistance in Federally Affected Areas; Dr. Samuel Halperin, Director,
Office of Legislation; and Richard Johnson, legislative specialist, Office

of Education...

Keppel, Hon. Francis, Commissioner of Education, prepared statement..
Kuchel, Hon. Thomas H., a U.S. Senator from the State of California..
Long, Hon. Edward V., a U.S. Senator from the State of Missouri.---
Magnuson, Hon. Warren G., a U.S. Senator from the State of Washington.
Nelson, Hon. Gaylord, a U.S. Senator from the State of Wisconsin.-
Rose, Oscar V., superintendent of schools, Midwest City, Okla., prepared

statement...

Articles entitled

ADDITIONAL INFORMATION

"Five Dead, Damage in Millions in Pacific Northwest Quake," from the Washington (D.C.) Evening Star of April 30, 1965

"It Happened in Alaska-But It Could Happen to You," from Congressional Record of April 9, 1965__.

"Notice of Hearings on S. 289," from Congressional Record of April 30,

1965..

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