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DISASTER SCHOOL ASSISTANCE AND MEASURES TO ELIMINATE INEQUITIES IN PUBLIC LAWS 815 AND 874

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H.R. 7808, H.R. 9022, H.R. 6704, H.R. 7930,
H.R. 7931, H.R. 8291, and H.R. 8249

BILLS ON DISASTER SCHOOL ASSISTANCE AND MEASURES
TO ELIMINATE INEQUITIES IN PUBLIC LAWS 815 AND 874

HEARINGS HELD IN WASHINGTON, D.C.,
MAY 18, 19, 24, AND 26, 1965

Printed for the use of the Committee on Education and Labor
ADAM C. POWELL, Chairman

-623 56

50-331

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON: 1965

E333 1965a

COMMITTEE ON EDUCATION AND LABOR

ADAM C. POWELL, New York, Chairman

CARL D. PERKINS, Kentucky
EDITH GREEN, Oregon

JAMES ROOSEVELT, California
FRANK THOMPSON, JR., New Jersey
ELMER J. HOLLAND, Pennsylvania
JOHN H. DENT, Pennsylvania
ROMAN C. PUCINSKI, Illinois
DOMINICK V. DANIELS, New Jersey
JOHN BRADEMAS, Indiana
JAMES G. O'HARA, Michigan
RALPH J. SCOTT, North Carolina
HUGH L. CAREY, New York
AUGUSTUS F. HAWKINS, California
CARLTON R. MCKLES, Maryland
SAM GIBBONS Florida

WILLIAM D. FORD, Michigan
WILLIAM D. HATHAWAY, Maine
PATSY T. MINK, Hawaii

JAMES H. SCHEUER, New York
LLOYD MEEDS, Washington

WILLIAM H. AYRES, Ohio
ROBERT P. GRIFFIN, Michigan
ALBERT H. QUIE, Minnesota
CHARLES E. GOODELL, New York
JOHN M. ASHBROOK, Ohio
DAVE MARTIN, Nebraska
ALPHONZO BELL, California
OGDEN R. REID, New York
GLENN ANDREWS, Alabama
EDWARD J. GURNEY, Florida

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CONTENTS

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Berge, Dr. O. G., superintendent of schools, Sun Prairie, Wis.; accom-

panied by Wilmer E. Trodahl, Esq., school attorney-

Des Marais, Philip H., Deputy Assistant Secretary (Legislation),
Department of Health, Education, and Welfare; accompanied by
B. A. Lillywhite, Assistant Commissioner, U.S. Office of Education;
Chester Relyea, legislative attorney, Department of Health,
Education, and Welfare..

Hochwalt, Msgr. Frederick G., director, the Department of Educa-
tion, National Catholic Welfare Conference_-_

Kastenmeier, Hon. Robert W., a Representative in Congress from

the State of Wisconsin.__

Lawrence, Richard, coordinator, legislative and special projects,
office of the superintendent, Los Angeles School System__

McDaniels, Wilbur N., secretary, Board of Education, Madison,

Wis

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Mink, Hon. Patsy T., a Representative in Congress from the State of
Hawaii...

138

Poage, Hon. William Robert, a Representative in Congress from the
State of Texas---.

10

Statements, letters, supplemental material, etc.:

Adams, John, legal counsel and associate director, Americans United
for Separation of Church and State, statement of..

Des Marais, Philip H., Deputy Assistant Secretary for Legislation,

Department of Health, Education, and Welfare, statement by

Ford, Hon. William D., a Representative in Congress from the State
of Michigan, remarks of..

112

145

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DISASTER SCHOOL ASSISTANCE AND MEASURES TO ELIMINATE INEQUITIES IN PUBLIC LAWS 815 AND 874

TUESDAY, MAY 18, 1965

HOUSE OF REPRESENTATIVES,

GENERAL SUBCOMMITTEE ON EDUCATION

OF THE COMMITTEE ON EDUCATION AND LABOR,

Washington, D.C.

The subcommittee met at 9:40 a.m., pursuant to call, in room 2257, Rayburn House Office Building, Hon. Carl D. Perkins (chairman of the subcommittee) presiding.

Present: Representatives Perkins, Carey, Ashbrook, and Bell.
Also present: H. D. Reed, Jr., counsel.
(Text of bills follow:)

[H.R. 7808, 89th Cong., 1st sess.]

A BILL To amend Public Laws 815 and 874, Eighty-first Congress, to provide financial assistance in the construction and operation of public elementary and secondary schools in areas affected by a major disaster

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of September 23, 1950, as amended (20 U.S.C. 631-645), is amended by inserting, immediately after section 15 of that Act, the following new section:

"SCHOOL CONSTRUCTION ASSISTANCE IN MAJOR DISASTER AREAS

"SEC. 16. (a) If the Commissioner determines with respect to any local educational agency that-

"(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 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 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;

"(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 exercising due diligence in availing itself of State and other financial assistance available for the replacement or restoration of such school facilities; and

"(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 proceeds of insurance on such school facilities, to provide the minimum school facilities needed for the restoration or replacement of the school facilities so destroyed or seriously damaged, he 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

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