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Senator DURKIN. Fine.
At this time, I really don't have any further questions. I don't know whether that policeman has come over here to tell me to close down the operation because we are violating the Senate's rules, but I want to assure you if you want to file additional statements the record is open and we will hold the record open.
Mr. COOPER. I would like to ask you one question.
Mr. COOPER. In this statement I propose to have the Senate commission a full presentation of the plan that would provide an alternative to the Federal chartering proposals of Mr. Nader and serve as a means to exercise the desires you have addressed here with regard to monitoring the corporate establishment in America.
My question is, Will you, on the basis of what I have said, follow up my suggestions to have the Senate commission a full presentation because I hold that if you are sincere, if this committee is sincere as it proposes to be, by holding these hearings for these investigations, because it is proprietary information, is the reason I didn't include it in my statement.
Senator DURKIN. I understand.
Mr. COOPER. But if there is any way out of this mess, then may I call on you personally to pursue this proposal further?
Senator Durkin. Welf, as you know, the Nader proposal is a written proposal.
Your testimony is included in the record. It will go to the full Commerce Committee for their determination and then go to the Senate floor for the ultimate determination on this side of the courtyard.
I am not sure you realize that you are talking to No. 100. The other 99 Members of the Senate are not hanging on every recommendation of No. 100.
Mr. COOPER. I wasn't asking about your recommendation to the whole Senate. I was asking about your recommendation to the members of the committee.
Senator DURKIN. Your statements will be included in the record and that will be available for the whole committee, and I am sure the whole committee will look at it.
I don't want to encourage you, though. I have no authority to encourage you to give up proprietary information.
Mr. COOPER. Well, I wouldn't do that anyway, in open session.
Senator DURKIN. Well, it takes a majority vote to go into executive session, now with the sunshine laws.
Your statement and your request will be distributed to the full committee and I can't speak for the full committee, as you know. But I am sure if you check with Mr. Sutcliffe, Lynn Sutcliffe, I am sure he will keep you advised. He is the general counsel for the full Commerce Committee.
He is on top of all these things. He is the senior staff man. I am sure if you contact Mr. Sutcliffe he will keep you posted.
Thank you, Mr. Cooper.
[Whereupon, at 1:30 p.m., the hearing was adjourned, to reconvene on Wednesday, June 16, 1976.]
[The following information was subsequently received for the record :]
THE LIMITED LIFE RECONCILIATION AND COMPROMISE PLANNING ACT OF 1976
A bill to establish a limited life, Congressional charter for Project 76 An American Affair-Inc., a non-government, non-political, not-for-profit, public seryice, corporation with authority to develop a limited life, experimental working model of a means by which the Congress can attain ongoing corporate oversight capability, energy independence, quality education, tax reform, economic planning (full employment), environmental and consumer protection, and crime prevention, in a manner consistent with all federal and state regulations so effected.
Submitted to the Senate Committee on Commerce as a supplement to the proposed course of action outlined in testimony given June 15th, 1976 by L. Napoleon Cooper, on the matter of corporate rights and responsibilities, and Congressional oversight capability.
L. NAPOLEON COOPER,
IN THE SENATE OF THE UNITED STATES
A bill to establish a limited life, Congressional charter for Project 76-An Ameri
can Affair-Inc., a non-government, not-for-profit, international, public serv. ice, corporation with authority to develop a limited life, experimental working model of a means by which the Congress can attain corporate oversight capability, energy independence, quality education, tax reform, economic planning, (full employment-deflation), environmental and consumer protection and crime prevention, in a manner consistent with its state charter and/or all other federal regulations affecting non-political, not-for-profit corporations : present or future.
A corporation, contributions to which, for a limited time, are diverted, dollar for dollar, income tax deductions based on I.R.S. estimates.
Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled that this Act be cited as the "Limited Life Reconciliation and Compromise Planning Act of 1976”.
TITLE I. FINDINGS AND PURPOSE
(a) States are permitted to issue corporate charters primarily because of public welfare concerns but that corporations exist singularly almost without exception to profit from both individual and/or investment efforts.
(b) Corporations and their managements have been insuficiently made account. able and are responsible as a result, for the general disregard of social order which in turn led to the nation's current national emergencies affecting energy, corporate and political corruption, violent, crime, unemployment, inflation, enviromental suicide, spiritual degeneration, busing and oppressive taxation.
(c) Close scrutiny shows that overall, the American financial establishment operates outside the check and balance apparatus so established by the U.S. Constitution.
(d) The approaches to date by the general public, conscientious business leaders, consumer action groups, regulating directives and/or judicial divestiture ultimatums have unsuccessfully addressed the consequences of this unaccountability.
(e) The consequences of nationalization, reckless anti-trust actions, continued unaccountability, and/or procrastination is likely to be continued American ideological disadvantage, communistic expansionism, domestic racial confrontation and a general subordination of the power and status of the United States of America.
(f) The development of a private means by which ambition can be made to counteract'ambition is pertinent to the well being, national security, and to the freedom America represents throughout the world. And that:
(g) As Americans, to simply catch our breath before we drown will not do. Therefore compromise and reconciliation are prerequisites to any lasting resolution and are the prime values pending national elections, study and development.
PURPOSE Sec. 102. It is the Purpose of this Act:
(a) To be a temporary reconciliation of conflicting causes, ideals, ideas, proposals and desires among House and Senate members seeking passage and/or defeat of legislation pending in either House or both, affecting tax reform, energy independence, full employment, economic planning, corporate oversight, quality education, environmental and consumer protection, trust-busting, busing and/or crime prevention.
(b) Allow for the establishment of a Congressional charter to design, devise, blueprint, draft, diagram, map out, outline and present to the full Congress, 1 year following, a compromise means by which private institutions utilizing such charters can assume the cost of providing all non-military, non-intelligence social services now being provided by individual citizens' income tax dollars ... thereby ending any need to further collect the same.
(c) To implement a limited life experimental model of a trillion dollar GrossInternal-Product, non-government, not-for-profit, net gain developing, horizontal and vertical, educational, agricultural, scientific research, industrial development, American public service, complex. A means by which all parties so interested in the Congress could implement, via the private sector, accountable management ad infinitum, healthy competition within the economy, energy independence, quality education, tax reform, economic planning and coord inated foreign assistance. Concentrating immediately on the world wide production of communications advances, (transportation and media), agricultural breakthroughs, (food production-natural fertilizers), hydrogen energy simplification (domestic use), educational effectiveness (university, industrial research complexes) and the technological evolution, outer space explorations and domestic tranquillity which springs therefrom such crime cutting developments. TITLE II. CORPORATE STATUS, GENERAL POWERS, ESTABLISHMENT, Tax STATUS,
REPORTING AND AUDITING
ESTABLISHMENT Sec. 201. (a) There is hereby created a body corporate, to be known as Project 76-An American Affair-Inc. (Hereafter referred to as “An-American-Affair”).
(b) The principle offices of An-American-Affair shall be located in the District of Columbia and any such other place as is required by state and federal law so effected.
GENERAL POWERS Sec. 202. In carrying out the purpose of this Act, An-American-Affair shall have the authority :
(a) to make grants to beginning not-for-profit corporations where % of net gain is channelled through public services, free of charge to those in need of jobs, health care, and/or quality education ;
(b) to adopt, alter, and/or rescind by laws effecting its management, to adopt and/or alter a corporate seal, which shall be so noted in accordance with its original charter;
(c) to make contracts with individuals and institutions within the limits of its experimental life;
(d) to lease or purchase and to dispose of such real property as may be necessary for the transaction of its business;
(e) to acquire and dispose of personal and intangible property (including money);
(f) to sue and be sued, to represent itself or to contract for such representation in its corporate name in any jurisdiction, state or federal;
(g) to utilize the Congressional Budget Office, the library of Congress and all such patents held by the U.S. Government for such research and use as currently the function of such offices may be, and for the aid and assistance of An-AmericanAffair in achieving its objective as outlined by this Act.
Sec. 203. In carrying out the purpose of this Act, An-American-Affair, nor any of its authorized officers, staff or other associating establishments shall have the Authority :
(a) To permit knowingly and willingly any part of the net earnings or other assets of the corporation to inure to the benefit of, or be distributed to, its members, trustees, officers, or other private persons, except that the corporation shall be authorized and empowered to make reasonable compensations for services rendered and to make payments and distribution in furtherance of the purpose so set forth in this Act.
(1) No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting, to influence legislation, and the corporation shall not participate in or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office.
(2) Not withstanding any other provision of this Act, the corporation shall not carry on any other activities not permitted to be carried on by a corporation, contributions to which are deductible under section 170 (c) (2) of the I.R.S. Code of 1954 (or the corresponding provision of any future United States internal revenue law).
(3) Upon dissolution of the corporation the original agent, after paying or making provision for the payment of all of the liabilities of the corporation exclusively for the purpose of the corporation in such a manner, or to such organization or organizations organized and operated exclusively for charitable, educational, or scientific purposes as shall at the time qualify as an exempt organization or organizations under Section 501(c)(3) of the Internal Revenue Code of 1954 (or the corresponding provisions of any future United States internal law), any such assets not so disposed shall be disposed of by the court of common pleas of the Ohio county in which the principal non-Washington office of the corporation is then located, exclusively for such purpose or to such organization or organizations as said court shall determine, which are organized and operated exclusively for such purpose.
TAX STATUS SEC. 204. An-American-Affair, its franchise, capital reserves, surplus, production, distribution, products and income shall be exempt from all taxation (except sales taxes) now or hereafter imposed by the United States, by any territory, dependence, or possession thereof, or by any state, court, parish, municipality, or local taxing authority; except that: (i) any real property owned by An-AmericanAffair shall be subject to state, territorial, county, parish, municipal, or other local taxation to the same extent, according to its value, as other similarly situated and used real property, without discrimination in valuation, classification or assessment thereof, and (ii) any entity acquired or established, or activity undertaken by An-American-Affair shall be equally exempt from all taxation.
AUDITS Sec. 205. (a) On or before the final day of the Acts statutory life, An-AmericanAffair shall in conjunction with the Congressional Budget Office, institute a report, in such detail as shall be required to conduct an audit of all books, accounts, financial records, reports, files, papers, and property belonging to or in use by An-American-Affair, and necessary to facilitate any audit which shall be made available to persons conducting the audit of or facilities verifying transactions, balances or securities held by depositories, fiscal agents, custodians and/or contributors.
SEC. 206. (a) An-American-Affair shall submit within 30 working days of the final date of its statutory life a report to the full Congress and the President. The report will state the total sums then held in assets and liabilities, committed as loans, loan guarantees, and a listing of the business concerns so involved with An-American-Affair.
(b) An-American-Affair shall submit to the Congress a proposal at the conclusion of such a report for the implementation of continued life of subsequent federally chartered establishments, containing, in addition to such information a general description of An-American-Affair's operations during its life, a specific description of each activity in which An-American-Affair is involved, a status report on each such project or activity, and an evaluation of the contribution which An-American-Affair or activity resulting therefrom, has made and could be expected to make in fulfilling on an ongoing basis the purposes of this Act.
(c) An-American-Affair shall, at the conclusion of its statutory life, submit to Congress and the President a report evaluating the overall impact made by AnAmerican-Affair and describing the status of each then current activity or program of compromise and/or reconciliation.
(d) The report shall contain any and all information in reference to cost-risk, conflicting values that must be overcome, the probable positive and/or negative consequences of extended life and/or success, the timetable of implementation, funding, budgeting policies, and finally how An-American-Affair proposes to restrain and/or rechannel the exuberant, escalating, pressures and demands by citizens, to better their lives through government aid, and how An-AmericanAffair will be able to accomplish on an ongoing basis its objectives considering the scope of national government, the vigor of multinational business and the planetary range of individual liberty and human possibility have all expanded and must be maintained.
TITLE III. GENERAL DEFINITIONS
SEC. 301. As used in this Act:
(i) The phrase "Public Service" shall mean any non-military, non-intelligence, social welfare area targeted by either Joint House-Senate Resolution and/or any such foreign or domestic assistance authorized by legislation and/or any such non-political, educational or charitable service, organization possessing a 501 (c)(3) Internal Revenue Code tax exemption, is authorized to provide.
(ii) The phrase "Limited Life" shall mean the statutory life, of An-AmericanAffair and/or the tax exemption so provided by this Act. (1 year from date of passage)
(iii) The phrase "experimental model" shall mean a working model, prototype, and/or pilot.
(iv) The phrase "corporate oversight capability" shall mean the means by which the Congress shall have at its disoposal information, independent of that provided through Congressional and/or Executive branch inquiry, for the purpose of monitoring exploitation, price fixing, unofficial corporate associations, anti-trust violations, payoffs, discrimination, and/or other actions of the body corporate in its dealings with and pursuant to the objectives of the Congress and/or the implementation of aid to American and foreign citizenry represented thereby. A means by which where such information presents probable cause for convitcion of any violation of legislated acts, the Congress can attain immediate redress, via not-for-profit competition within the area so effected, without being forced to take economically disruptive actions.
(v) The phrase "energy independence" shall mean an unlimited supply of safe, environmentally clean, non-fossil, non-solar, non-transuranium fuel. A fuel the development of which would end the reckless waste of priceless reserves, end most environmental destruction, cut drastically all health care cost, aid full employment, instigate productivity, end income taxation, raise the urban standard of life, add to savings, making available better homes for better educated less drug dependent city dwellers, cut crime 80 percent, and lessen racial conflict. (All of which would end soviet ideological advantage, help farmers and give Americans the time to, in the interest of preventing world war, openly siding with Africa and China against Russia. Regaining in this generation international peace of mind.)
(vi) The phrase "quality education” shall mean any innovative contribution to habilitation, utilizing the research and industrial development apparatus made available by the Act to provide a voluntarily integrated environment conducive to productive educational opportunities, for all parties and communities so involved.
(vii) The phrase "tax reform" shall mean any such activity that results in an end to personal income taxation, without increase in the taxes of business, or reductions in the annual social services provided thereby.
(viii) The term "reconciliation” shall mean a temporary agreement to cease debate, delay the final decision, implement study, and allow for the development of a lasting compromise proposal affecting the life and death domestic proposals now before the Congress, pending national elections, development and presentation.