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DISASTER RELIEF

TUESDAY, JULY 18, 1950

HOUSE OF REPRESENTATIVES,
COMMITTEE ON PUBLIC WORKS,
Washington, D. C.

The committee met at 10 a. m. Hon. Will M. Whittington, chair-
man, presiding.

The CHAIRMAN. The committee will be in order.

We have under consideration this morning H. R. 8396 by the late
Representative Lemke, to authorize Federal assistance to States and
local governments in major disasters; a similar bill by Mr. Hagen,
H. R. 8461.

We also have under consideration a bill to provide for the repair
and reconstruction of roads and other facilities by the late Repre-
sentative Lemke, numbered 8420; a similar bill by Mr. Burdick, H. R.
8390; and a similar bill by Mr. Hagen, 8435.

The clerk will insert all of these at this point in the record.
(The bills referred to are as follows:)

[H. R. 8396, 81st Cong., 2d sess.]

A BILL To authorize Federal assistance to States and local governments in major disasters,
and for other purposes

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That it is the intent of Congress to provide
an orderly and continuing means of assistance by the Federal Government to
States and local governments in carrying out their responsibilities to alleviate
suffering and damage resulting from major disasters, to restore essential public
facilities in major disasters, and to foster the development of such State and
local organizations and plans to cope with major disasters as may be necessary.
SEC. 2. As used in this Act, the following terms shall be construed as follows
unless a contrary intent appears from the context:

(a) "Major disaster" means any flood, drought, fire, hurricane, earthquake,
storm, or other catastrophe in any part of the United States which, in the de-
termination of the President, is or threatens to be of sufficient severity and mag-
nitude to warrant disaster assistance by the Federal Government to supplement
the efforts and available resources of States and local governments in alleviating
the damage, hardship, or suffering caused thereby, and respecting which the
governor of any State (or the Board of Commissioners of the District of Colum-
bia) in which such catastrophe may occur or threaten certifies the need for
disaster assistance under this Act;

(b) "United States" includes the District of Columbia, Alaska, Hawaii, Puerto
Rico, and the Virgin Islands;

(c) "State" means any State in the United States, Alaska, Hawaii, Puerto Rico,
and the Virgin Islands:

(d) "Governor" means the chief executive of any State;

(e) "Local government" means any county, city, village, town, district, or
other political subdivision of any State, or the District of Columbia;

(f) "Federal agency" means any department, independent establishment, Gov-
ernment corporation, or other agency of the executive branch of the Federal
Government, excepting, however, the American National Red Cross.

1

SEC. 3. In any major disaster, Federal agencies are hereby authorized to provide assistance (a) by utilizing or lending, with or without compensation therefor, to States and local governments their equipment, supplies, facilities, personnel, and other resources, other than the extension of credit under the authority of any Act; (b) by distributing, through the American National Red Cross or otherwise, medicine, food, and other consumable supplies; (c) by donating to States and local governments equipment and supplies determined under then existing law to be surplus to the needs and responsibilities of the Federal Government; and (d) by performing on public or private lands protective and other work essential for the preservation of life and property, clearing debris and wreckage, making emergency repairs to and temporary replacements of public facilities of local governments damaged or destroyed in such major disaster, and making contributions to States and local governments for the above-stated purposes. The authority conferred by this Act, and any funds provided hereunder, shall be supplementary to, and not in substitution for, nor in limitation of, any other authority conferred or funds provided under any other law.

SEC. 4. In providing such assistance hereunder, Federal agencies shall cooperate to the fullest extent possible with each other and with States and local governments, relief agencies, and the American National Red Cross, but nothing contained in this Act shall be construed to limit or in any way affect the responsibilities of the American National Red Cross under the Act approved January 5, 1905 (33 Stat. 599), as amended.

SEC. 5. (a) In the interest of providing maximum mobilization of Federal assistance under this Act, the President is authorized to coordinate in such manner as he may determine the activities of Federal agencies in providing disaster assistance. The President may direct any Federal agency to utilize its available personnel, equipment, supplies, facilities, and other resources, in accordance with the authority herein contained.

(b) The President may, from time to time, prescribe such rules and regulations as may be necessary and proper to carry out any of the provisions of this Act, and he may exercise any power or authority conferred on him by any section of this Act either directly or through such agency as he may designate.

SEC. 6. In any major disaster the President is authorized to make grants of funds to local governments for restoring, reconstructing, or replacing their public facilities damaged or destroyed in such major disaster. Such grants shall not exceed 50 per centum of the estimated cost, as determined by the President, of the restoration, reconstruction, or replacement of such public facilities without enlargment of service capacity or other betterment, excepting that the grant may exceed 50 per centum of such estimated cost in the case of a local government with respect to which the President specifically finds and declares that the damage to public facilities resulting from such major disaster is of such magnitude and extent that the fiscal resources of the local government are insufficient to defray 50 per centum of such cost: Provided, however, That in determining the fiscal resources of the local government consideration shall be given to (1) the extent and probable duration of any impairment of the taxing base and borrowing authority of the local government as a result of the major disaster, (2) the existing or prospective availability of aid from State and other sources, and (3) the eligibility of the particular local government project for Federal financial assistance under other law. Grants made under this section may be used to enable the recipient thereof to qualify for other Federal financial assistance which is conditioned upon State or local participation in financing the work.

SEC. 7. If facilities owned by the United States are damaged or destroyed in any major disaster and the Federal agency having jurisdiction thereof lacks the authority or an appropriation to repair, reconstruct, or restore such facilities, such Federal agency is hereby authorized to repair, reconstruct, or restore such facilities to the extent necessary to place them in a reasonably usable condition and to use therefor any available funds not otherwise immediately required: Provided, however, That the President shall first determine that the repair, reconstruction, or restoration is of such importance and urgency that it cannot reasonably be deferred pending the enactment of specific authorizing legislation or the making of an appropriation therefor. If sufficient funds are not available to such Federal agency for use in repairing, reconstructing, or restoring such facilities as above provided, the President is authorized to transfer to such Federal agency funds made available under this Act in such amount as he may determine to be warranted in the circumstances. Such repair, reconstruction, or restoration may be performed without regard to section 3709 of

the Revised Statutes. There is hereby authorized to be appropriated to any Federal agency repairing, reconstructing, or restoring facilities under authority of this section such sum or sums as may be necessary to reimburse appropriated funds to the amount expended therefrom.

SEC. 8. In carrying out the purposes of this Act, any Federal agency is authorized to accept and utilize with the consent of any State or local government, the services and facilities of such State or local government, or of any agencies, officers, or employees thereof. Any Federal agency, in performing any activities under section 3 of this Act, is authorized to employ temporarily additional personnel without regard to the civil-service laws and the Classification Act of 1923, as amended, and to incur obligations on behalf of the United States by contract or otherwise for the acquisition, rental, or hire of equipment, services, materials, and supplies for shipping, drayage, travel and communication, and for the supervision and administration of such activities. Such obligations, including obligations arising out of the temporary employment of additional personnel, may be incurred by any agency in such amount as may be made available to it by the President out of the funds specified in section 9. The President may, also, out of such funds, reimburse any Federal agency for any of its expenditures under section 3 in connection with a major disaster incurred prior to the President's determination respecting such major disaster, such reimbursement to be in such amounts as the President may deem appropriate. Neither section 3709 of the

Revised Statutes (41 U. S. C., sec. 5) nor section 3679 of the Revised Statutes (31 U. S. C., sec. 665) shall be applicable to any action taken pursuant to this section. The provisions of section 607 of the Federal Employees Pay Act of 1945, as amended, shall not be applicable to additional personnel temporarily employed hereunder.

SEC. 9. There are hereby authorized to be appropriated such amounts as may be necessary to carry out the purposes of this Act, including necessary administrative expenses.

SEC. 10. The Act of July 25, 1947 (Public Law 233, Eightieth Congress), entitled "An Act to make surplus property available for the alleviation of damage caused by flood or other catastrophe," is hereby repealed.

[H. R. 8461, 81st Cong., 2d sess.]

A BILL To authorize Federal assistance to States and local governments in major disasters, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it is the intent of Congress to provide an orderly and continuing means of assistance by the Federal Government to States and local governments in carrying out their responsibilities to alleviate suffering and damage resulting from major disasters, to restore essential public facilities in major disasters, and to foster the development of such State and local organizations and plans to cope with major disasters as may be necessary.

SEC. 2 As used in this Act, the following terms shall be construed as follows unless a contrary intent appears from the context:

(a) "Major disaster" means any flood, drought, fire, hurricane, earthquake, storm, or other catastrophe in any part of the United States which, in the determination of the President, is or threatens to be of sufficient severity and magnitude to warrant disaster assistance by the Federal Government to supplement the efforts and available resources of States and local governments in alleviating the damage, hardship, or suffering caused thereby, and respecting which the governor of any State (or the Board of Commissioners of the District of Columbia) in which such catastrophe may occur or threaten certifies the need for distaster assistance under this Act;

(b) "United States" includes the District of Columbia, Alaska, Hawaii, Puerto Rico, and the Virgin Islands;

(c) "State" means any State in the United States, Alaska, Hawaii, Puerto Rico, and the Virgin Islands;

(d) "Governor" means the chief executive of any State;

(e) "Local government" means any county, city, village, town, district, or other political subdivision of any State, or the District of Columbia;

(f) "Federal agency" means any department, independent establishment, Government corporation, or other agency of the executive branch of the Federal Government, excepting, however, the American National Red Cross.

SEC. 3. In any major disaster, Federal agencies are hereby authorized to provide assistance (a) by utilizing or lending, with or without compensation therefor, to States and local governments their equipment, supplies, facilities, personnel, and other resources other than the extension of credit under the authority of any Act; (b) by distributing, through the American National Red Cross or otherwise, medicine, food, and other consumable supplies; (c) by donating to States and local governments equipment and supplies determined under then existing law to be surplus to the needs and responsibilities of the Federal Government; and (d) by performing on public or private lands protective and other work essential for the preservation of life and property, clearing debris and wreckage, making emergency repairs to and temporary replacements of public facilities of local governments damaged or destroyed in such major disaster, and making contributions to States and local governments for the above-stated purposes. The authority conferred by this Act, and any funds provided hereunder shall be supplementary to, and not in substitution for, nor in limitation of, any other authority conferred or funds provided under any other law.

SEC. 4. In providing such assistance hereunder, Federal agencies shall cooperate to the fullest extent possible with each other and with States and local governments, relief agencies, and the American National Red Cross, but nothing contained in this Act shall be construed to limit or in any way affect the responsibilities of the American National Red Cross under the Act approved January 5, 1905 (33 Stat. 599), as amended.

SEC. 5. (a) In the interest of providing maximum mobilization of Federal assistance under this Act, the President is authorized to coordinate in such manner as he may determine the activities of Federal agencies in providing disaster assistance. The President may direct any Federal agency to utilize its available personnel, equipment, supplies, facilities, and other resources, in accordance with the authority herein contained.

(b) The President may, from time to time, prescribe such rules and regulations as may be necessary and proper to carry out any of the provisions of this Act, and he may exercise any power or authority conferred on him by any section of this Act either directly or through such agency as he may designate.

SEC. 6. In any major disaster the President is authorized to make grants of funds to local governments for restoring, reconstructing, or replacing their public facilities damaged or destroyed in such major disaster. Such grants shall not exceed 50 per centum of the estimated cost, as determined by the President, of the restoration, reconstruction, or replacement of such public facilities without enlargement of service capacity or other betterment, excepting that the grant may exceed 50 per centum of such estimated cost in the case of a local government with respect to which the President specifically finds and declares that the damage to public facilities resulting from such major disaster is of such magnitude and extent that the fiscal resources of the local government are insufficient to defray 50 per centum of such cost: Provided, however, That in determining the fiscal resources of the local government consideration shall be given to (1) the extent and probable duration of any impairment of the taxing base and borrowing authority of the local government as a result of the major disaster, (2) the existing or prospective availability of aid from State and other sources, and (3) the eligibility of the particular local government project for Federal financial assistance under other laws. Grants made under this section may be used to enable the recipient thereof to qualify for other Federal financial assistance which is conditioned upon State or local participation in financing the work.

SEC. 7. If facilities owned by the United States are damaged or destroyed in any major disaster and the Federal agency having jurisdiction thereof lacks the authority or an appropriation to repair, reconstruct, or restore such facilities, such Federal agency is hereby authorized to repair, reconstruct, or restore such facilities to the extent necessary to place them in a reasonably usable condition and to use therefor any available funds not otherwise immediately required: Provided, however, That the President shall first determine that the repair, reconstruction, or restoration is of such importance and urgency that it cannot reasonably be deferred pending the enactment of specific authorizing legislation or the making of an appropriation therefor. If sufficient funds are not available to such Federal agency for use in repairing, reconstructing, or restoring such facilities as above provided, the President is authorized to transfer to such Federal agency funds made available under this Act in such amount as he may determine to be warranted in the circumstances. Such repair, reconstruction, or restoration may be performed without regard to section 3709

of the Revised Statutes. There is hereby authorized to be appropriated to any Federal agency repairing, reconstructing, or restoring facilities under authority of this section such sum or sums as may be necessary to reimburse appropriated funds to the amount expended therefrom.

SEC. 8. In carrying out the purposes of this Act, any Federal agency is authorized to accept and utilize with the consent of any State or local government, the services and facilities of such State or local government, or of any agencies, officers, or employees thereof. Any Federal agency, in performing any activities under section 3 of this Act, is authorized to employ temporarily additional personnel without regard to the civil-service laws and the Classification Act of 1923, as amended, and to incur obligations on behalf of the United States by contract or otherwise for the acquisition, rental, or hire of equipment, services, materials, and supplies for shipping, drayage, travel and communieation, and for the supervision and administration of such activities. Such obligations, including obligations arising out of the temporary employment of additional personnel, may be incurred by any agency in such amount as may be made available to it by the President out of the funds specified in section 9. The President may, also, out of such funds, reimburse any Federal agency for any of its expenditures under section 3 in connection with a major disaster incurred prior to the President's determination respecting such major disaster, such reimbursement to be in such amounts as the President may deem appropriate. Neither section 3709 of the Revised Statutes (41 U. S. C., sec. 5) nor section 3679 of the Revised Statutes (31 U. S. C., sec. 665) shall be applicable to any action taken pursuant to this section. The provisions of section 607 of the Federal Employees Pay Act of 1945, as amended, shall not be applicable to additional personnel temporarily employed hereunder.

SEC. 9. There are hereby authorized to be appropriated such amounts as may be necessary to carry out the purposes of this Act, including necessary administrative expenses.

SEC. 10. The Act of July 25, 1947 (Public Law 233, Eightieth Congress), entitled "An Act to make surplus property available for the alleviation of damage caused by flood or other catastrophe," is hereby repealed.

[H. R. 8420, 81st Cong., 2d sess.]

A BILL To provide for the reconstruction and repair of roads, bridges, or streets in the States of North Dakota, and Minnesota, which were destroyed or damaged by floods in the spring of 1950

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Commerce is authorized and directed to undertake, through the Bureau of Public Roads, in cooperation with the appropriate officers of the States of North Dakota and Minnesota, or political subdivisions thereof, a program of reconstruction and repair of roads and bridges (whether or not located on the Federal-aid highway system), or streets which are located within such States and which were destroyed or damaged by floods which occurred in the spring of 1950. No road, bridge, or street shall be reconstructed or repaired with funds made available pursuant to this Act, unless the State or political subdivision thereof in which such road, bridge, or street is to be reconstructed or repaired enters into an agreement with the Secretary of Commerce to pay not less than one-sixth nor more than one-fourth, as the Secretary of Commerce may determine, of the costs of such reconstruction or repair. SEC. 2. There is hereby authorized to be appropriated the sum of $50,000,000 to carry out the purposes of this Act.

[H. R. 8390, 81st Cong., 2d sess.]

A BILL To authorize an appropriation for the reconstruction and repair of roads and other public facilities in the States of North Dakota and Minnesota which were damaged or destroyed by recent floods

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $20,000,000, or as much thereof as may be necessary, which shall be available for expenditure by the Secretary of Commerce through the Bureau of Public Roads in cooperation with the appropriate officers of the States of North Dakota and Minnesota or with political subdivisions of affected areas, for the reconstruction

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