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filed by a taxpaying citizen. Such a provision was included in S. 1482, a bill introduced on March 20 by Senator Clark to authorize general building loans for private, nonprofit elementary and secondary schools, on which hearings were scheduled by your subcommittee for April 18, but canceled.

We note that S. 1241 in section 105 (c) (2) provides that the Commissioner may "be sued in any court of record of a State having general jurisdiction or in any district court of the United States, and such district courts shall have jurisdiction of civil actions arising under this title without regard to the amount in controversy. *** Our interpretation of this provision is that it would enable an institution of higher education or a college building agency which had a contract with the Commissioner to sue him, but that it would not give the same right to an aggrieved taxpayer. Without such a specific provision as was inIcluded in Senator Clark's bill, a citizen who believed either that the act was in contravention of the first amendment, or that the Commissioner had erred in his application of such educational criteria for church-related institutions as may have been included, would have no standing in court.

The union concedes that public and congressional interest has been focused on the School Assistance Act and a proposed expansion of the NDEA which would authorize special building loans to nonpublic, including parochial schools. In our view the church-state aspects of the college bill, S. 1241, also call for your subcommittee's-and the Congress'-most earnest consideration. As recently as June 19 of this year, the Supreme Court made clear that it holds to its dictum in Everson (330 U.S. 1, 1947) that: "No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion."

While the Torcaso case concerned not education, but a religious oath, Justice Black in his opinion went out of his way to say for an undivided court that it has not altered its view on either its dictum in Everson or its decision in McCollum (333 U.S. 203, 1948) where it said:

"We are all agreed that the 1st and 14th amendments have a secular reach far more penetrating in the conduct of government than merely to forbid an 'established church' ***. We renew our conviction that 'we have staked the very existence of our country on the faith that complete separation between state and religion is best for the state and best for religion'."

Should the Congress, ignoring the Supreme Court's reaffirmed, broad interpretation of the "no establishment" clause, breach the wall of separation by authorizing aid either to church lower schools or to religion-centered institutions of higher education-and without even providing for judicial reviewit would show a deplorable disregard for constitutional principles.

Senator HILL. Senator Randolph, will you please take over?

Senator RANDOLPH (presiding pro tempore). Our next witness will be Mr. Don White.

We are very happy to have you, Mr. White. If you will give your name and identification it will be appreciated.

STATEMENT OF DON WHITE, EXECUTIVE VICE PRESIDENT, NATIONAL AUDIO-VISUAL ASSOCIATION

Mr. WHITE. Thank you.

I am Don White, executive vice president of the National AudioVisual Association in Fairfax, Va.

The National Audio-Visual Association is the national organization of companies who distribute and produce audiovisual materials, such as educational films and filmstrips, and audiovisual equipment such as projectors, tape recorders, and language laboratories. Our membership comprises some 641 companies, including 430 audiovisual dealers who distribute our specialized types of products to schools, colleges, and other users, plus 211 film producers, manufacturers, and other suppliers of audiovisual products.

I am going to make my statement a very brief one. Our primary concern, Mr. Chairman, is that the academic buildings to be built under the provisions of this bill will be properly equipped for the education of college students, and that their equipment will include the necessary instructional equipment and materials which are so vital to modern higher education.

Your proposed bill includes under section 106 wording which would appear to provide for the purchase of the necessary instructional materials and equipment. Subparagraph (a) (1) defines "academic facilities" as-—

structures suitable for use as classrooms, laboratories, libraries, and related facilities necessary or appropriate for instruction of students. ***

Subparagraph (b) (2) specifies that the word "equipment" includes, in addition to machinery, utilities, built-in equipment, and necessary enclosures or structures

all other items necessary for the functioning of a particular facility as an academic facility, including necessary furniture, except books and except items of current operating expense

I feel sure it is the intent of your subcommittee, Mr. Chairman, that this wording be interpreted so as to allow for the purchase of necessary items of instructional equipment such as projectors, tape recorders, screens, language laboratories, educational television equipment, and science laboratory equipment; and for the acquisition of instructional materials such as educational films, filmstrips, slides, transparencies, recordings, and similar items which are necessary if the instruction which is to take place in these new college buildings is to be effective and lasting.

The members of our association favor the enactment of S. 1241. We sincerely trust the bill will receive favorable attention by your committee and by the Senate during the 1st session of the 87th Congress.

Mr. Chairman and members of the subcommittee, I wish to thank you for the privilege of appearing before your committee. If you have any questions about the matter I have mentioned, I shall be very glad to do my best to answer them.

Senator RANDOLPH. Thank you, Mr. White.

There may be some problem of the meaning of a definition or definitions within the proposal, S. 1241.

I call your attention, your special attention, to pages 11, 12, and 13 where we define or attempt to properly define the word "equipment." Perhaps you might give the subcommittee the benefit of your thinking, even before I question you further in this matter.

Mr. WHITE. It is my feeling that it is important for a college building, like an elementary or secondary school building, to be not only a brick and mortar shell but a facility which is completely equipped for the instruction of students.

We have been extremely glad to note that in connection with other educational legislation which is now before the Congress, definite provisions have been included in each case for the defining of the word "equipment" so that it includes instructional materials and equipment, and I very much hope that your committee will follow this same practice.

Senator RANDOLPH. Mr. White, I think that the authors and sponsors of this legislation are in general agreement that this is desirable, as you have indicated.

We think in terms of equipment-initial equipment and built-in equipment and perhaps this might be a pertinent illustration. Let us consider a modern building where we were to have an installation, including the equipment for languages. As I understand it, modern methods would call for electronic devices in connection with the teaching of these languages. In other words, there would be almost an electronic laboratory provided.

Now, is it your feeling that that is a capital investment, or is it just a day-by-day expenditure?

Mr. WHITE. No, sir. This I definitely feel should be regarded as a capital expenditure, and I believe it normally is in school practice so regarded. It would be almost foolish in these days to build a language classroom without building the language laboratory electronic equipment into it.

I believe any language instructor will definitely agree with this point, and this goes for other things such as science laboratories.

The equipment is a necessary part of the building and it should be provided when the building is built. If it is not, you then leave it up to the college or university to scrape around elsewhere to find the funds to equip the building, and if my own personal experience is any indication, this has frequently meant in the past that it was years before a completed building actually had the equipment in it that was necessary for its functioning as an academic facility.

Senator RANDOLPH. I may state further that it is the viewpoint of those who sponsor and author this legislation that there be no limitation, no narrow interpretation or definition, which would seem to limit the provision for films, for certain electronic and mechanical devices which are really aids to an effective educational program.

Mr. WHITE. Yes, sir.

Senator RANDOLPH. I am sure that that is the feeling.

Do you wish to comment further in reference to this matter?

Mr. WHITE. I believe that your comments have served to clear up any question that might exist in the record on the matter. I think that is all I have to say, sir.

Senator RANDOLPH. Thank you, Mr. White.

Mr. WHITE. Thank you, sir.

(The prepared statement of Mr. White follows:)

PREPARED STATEMENT OF DON WHITE, EXECUTIVE VICE PRESIDENT, NATIONAL AUDIO-VISUAL ASSOCIATION, FAIRFAX, Va.

The National Audio-Visual Association is the national organization of companies who distribute and produce audiovisual materials, such as educational films and filmstrips, and audiovisual equipment such as projectors, tape recorders, and language laboratories. Our membership comprises some 641 companies, including 430 audiovisual dealers who distribute our specialized types of products to schools, college, and other users, plus 211 film producers, manufacturers, and other suppliers of audiovisual products.

I am going to make my statement a very brief one. Our primary concern, Mr. Chairman, is that the academic buildings to be built under the provisions of this bill will be properly equipped for the education of college students, and that their equipment will include the necessary instructional equipment and materials which are so vital to modern higher education.

Your proposed bill includes under section 106 wording which would appear to provide for the purchase of the necessary instructional materials and equipment. Subparagraph (a) (1) defines "academic facilities" as "structures suitable for use as classrooms, laboratories, libraries, and related facilities necessary or appropriate for instruction of students * * *." Subparagraph (b)(2) specifies that the word "equipment" includes, in addition to machinery, utilities, built-in equipment, and necessary enclosures or strutcures, "*** all other items necessary for the functioning of a particular facility as an academic facility, including necessary furniture, except books and except items of current operating expense

I feel sure it is the intent of your subcommittee, Mr. Chairman, that this wording be interpreted so as to allow for the purchase of necessary items of instructional equipment such as projectors, tape recorders, screens, language laboratories, and educational television equipment; and for the acquisition of instructional materials such as educational films, filmstrips, slides, transparencies, recordings, and similar items which are necessary if the instruction which is to take place in these new college buildings is to be effective and lasting.

The members of our association favor the enactment of S. 1241. We sincerely trust the bill will receive favorable attention by your committee and by the Senate during the 1st session of the 87th Congress.

Mr. Chairman and members of the subcommittee, I wish to thank you for the privilege of appearing before your subcommittee. If you have any questions about the matter I have mentioned, I shall be very glad to do my best to answer them.

Senator RANDOLPH. Our next witness will be Dr. Frederick Burkhardt, president, American Council of Learned Societies.

I understand, Dr. Burkhardt, that you are accompanied by Charles Blitzer, who is the executive associate of the council.

You may proceed, doctor.

STATEMENT OF FREDERICK BURKHARDT, PRESIDENT, AMERICAN COUNCIL OF LEARNED SOCIETIES, ACCOMPANIED BY CHARLES BLITZER, EXECUTIVE ASSOCIATE, AMERICAN COUNCIL OF LEARNED SOCIETIES

Dr. BURKHARDT. Mr. Chairman and members of the subcommittee, I am grateful for the privilege which has been accorded me by your invitation to testify before you. The matters before us are of deep and vital concern to the welfare of this Nation; there is an urgent need for decision and action on them. I am therefore happy to be with you this morning.

My organization, the American Council of Learned Societies, is a federation of 30 national scholarly associations in the humanities and social sciences. It is primarily concerned with the advancement of humanistic research and teaching and, since the approximately 60,000 individuals who belong to these associations are almost all teaching at our colleges and universities, the entire membership is affected by the manner in which our needs in higher education are being met.

But I should perhaps make it clear that I speak today as an individual. I have taken no polls or surveys of our members. On the question of the need for a scholarship program, however, I follow the recommendations contained in a statement adopted by the board of directors of the American Council of Learned Societies some months ago.

The bills before us deal with two general problems the need for Federal assistance in the construction of academic facilities and the need for scholarships for students of high ability who want and ought to go to college, but who are unable to do so because of the financial burden involved.

There is clear evidence of the need for college classrooms, libraries, and laboratories revealed in surveys by the Office of Education, by the American Council on Education, and other responsible groups. The vast expansion in college enrollments that is now taking place and which will continue for at least a decade is well known to us all. The fact of the case and the need for Federal aid to fill the gap between what is required and what can be provided by State, local, and private sources were thouroughly discussed and agreed upon by Congress 2 years ago. Had legislation been enacted in 1959 we would today be on our way to a solution. Now the need is all the more apparent and urgent.

As you know, the disagreement that exists on this matter is not on the need but on the constitutional questions raised by legislation designed to meet the need. On this I am not qualified to give a judg ment. But I believe that if we are convinced that action must be taken, appropriate and effective legislation can be framed. I agree wholeheartedly with the statement made on this point by Congresswoman Edith Green in her preliminary remarks on H.R. 5266, when she said:

It would be tragically ironic if we were to fail altogether in the struggle to pass education legislation because it is impossible to enact such legislation in a form completely satisfactory to all. Should this happen, the entire Nation would be the loser. Good will, mutual understanding and patience, and a realization of the need to act where heretofore we have only talked-these must be the keynote of our deliberations.

I pass now to the question of Federal scholarships to aid outstanding students to finance à college education. In 1958 when the bills that later became the National Defense Education Act were being considered, both S. 3163 and S. 3187 of the 85th Congress contained provisions for scholarship assistance. At that time I testified in favor of their inclusion in the legislation, and I do so again today. The reason is still the same-every year we are losing an estimated 60,000 to 100,000 students of outstanding ability, students who would come to college if they had the money. This is a waste of talent that we cannot afford. The present provisions of S. 1241 would help only about half of the potential users of such funds, but it is at least a start and I hope for prompt and favorable action.

There are three additional points I should like to make about the need for Federal scholarship funds. The first is that the kind of student who would be the recipient of this aid is potentially an excellent teacher or professional man. This is the kind of student who does not, and cannot, stop with an undergraduate education. If loans are the sole resource, the weight of debt incurred during the undergraduate years may cause financial pressures resulting in the loss of many of these able youths. A Federal scholarship program thus would not only bring to college some of our ablest students, but would enable them to plan for careers in professions where they are sorely needed.

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