[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1651 Reported in Senate (RS)]






                                                       Calendar No. 709
107th CONGRESS
  2d Session
                                S. 1651

   To establish the United States Consensus Council to provide for a 
consensus building process in addressing national public policy issues, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 7, 2001

 Mr. Dorgan (for himself, Mr. Brownback,  Mr. Conrad, Mr. Carper, Mr. 
 Johnson, Mr. Santorum, Ms. Collins, Mr. Leahy, Mr. Jeffords, and Mr. 
  Wellstone) introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

                            October 15, 2002

              Reported by Mr. Lieberman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To establish the United States Consensus Council to provide for a 
consensus building process in addressing national public policy issues, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``United States Consensus 
Council Act of 2001''.</DELETED>

<DELETED>SEC. 2. FINDINGS AND PURPOSE.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) throughout the Nation there is increasing 
        success in the use of collaborative and consensus-building 
        approaches to address critical public policy issues at the 
        national, State, and local levels;</DELETED>
        <DELETED>    (2) there is a need for a national Council that 
        can promote and conduct consensus-building processes that 
        primarily address legislative policy issues of national 
        importance;</DELETED>
        <DELETED>    (3) such a Council may enroll specific 
        stakeholders, both public and private, to build agreements that 
        ultimately may be implemented by Congress, Federal agencies, or 
        other policymaking bodies;</DELETED>
        <DELETED>    (4) such a Council will strive to create public 
        policy agreements that integrate differing perspectives into 
        highest common denominator solutions;</DELETED>
        <DELETED>    (5) the establishment of such a Council is an 
        appropriate investment by the people of this Nation in a 
        capacity that works in cooperation with Congress, the executive 
        branch, and others and complements current public policymaking 
        processes on selected issues;</DELETED>
        <DELETED>    (6) the existence of such a Council could 
        contribute especially to resolving differences on contentious 
        policy issues, preventing polarization on emerging policy 
        issues and addressing issues of complexity that involve 
        multiple parties and perspectives;</DELETED>
        <DELETED>    (7) the establishment of such a Council may 
        contribute significantly to a renewed sense of civility and 
        respect for differences, while at the same time promoting 
        vigorous interchange and open communications among those with 
        differing points of view; and</DELETED>
        <DELETED>    (8) the Council may become a repository of wisdom 
        and experience on public policy collaboration and consensus-
        building that can be shared with public and private sector 
        policymakers and the public in the interest of promoting more 
        effective public policy and the increased use of collaborative 
        processes.</DELETED>
<DELETED>    (b) Purpose.--The purpose of this Act is to establish an 
independent, nonprofit, national Council to serve the people and the 
Government by constructing an adjunct to the existing legislative and 
regulatory process that seeks to produce consensus on Federal policy 
issues through collaborative processes open to key 
stakeholders.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act, the term--</DELETED>
        <DELETED>    (1) ``Board'' means the Board of Directors of the 
        Council;</DELETED>
        <DELETED>    (2) ``Council'' means the United States Consensus 
        Council established under this Act; and</DELETED>
        <DELETED>    (3) ``Director'' means an individual appointed to 
        the Board of Directors of the Council.</DELETED>

<DELETED>SEC. 4. UNITED STATES CONSENSUS COUNCIL.</DELETED>

<DELETED>    (a) Establishment.--There is established the United States 
Consensus Council.</DELETED>
<DELETED>    (b) Status; Restrictions.--The Council is an independent 
nonprofit corporation and shall be treated as an organization described 
under 170(c)(2)(B) of the Internal Revenue Code of 1986. The Council 
does not have the power to issue any shares of stock or to declare or 
pay any dividends. The Council is not an agency or instrumentality of 
the United States.</DELETED>
<DELETED>    (c) Establishment of or Affiliation With a United States 
Consensus Council Foundation.--As determined by the Board, the Council 
may establish or affiliate with a nonprofit legal entity which is 
capable of receiving, holding, expending, and investing public or 
private funds for purposes in furtherance of the Council under this 
Act. Such legal entity may be designated as the ``United States 
Consensus Council Foundation''.</DELETED>
<DELETED>    (d) Trade Name and Trademark Rights; Vested Rights 
Protected; Condition for Use of Federal Identity.--</DELETED>
        <DELETED>    (1) In general.--The Council has the sole and 
        exclusive right to use and to allow or refuse others the use of 
        the terms ``United States Consensus Council'' and ``United 
        States Consensus Council Foundation'' and the use of any 
        official United States Consensus Council emblem, badge, seal, 
        and other mark of recognition or any colorable simulation 
        thereof.</DELETED>
        <DELETED>    (2) United states references.--The Council may use 
        ``United States'' or ``U.S.'' or any other reference to the 
        United States Government or Nation in its title or in its 
        corporate seal, emblem, badge, or other mark of recognition or 
        colorable simulation thereof in any fiscal year only if there 
        is an authorization of appropriations, or appropriations, for 
        the Council for such fiscal year provided by law.</DELETED>

<DELETED>SEC. 5. POWERS AND DUTIES.</DELETED>

<DELETED>    (a) District of Columbia Nonprofit-Corporate Powers.--The 
Council may exercise the powers conferred upon a nonprofit corporation 
by the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 
29-301 et seq.) consistent with this Act.</DELETED>
<DELETED>    (b) Description of Specific Activities.--</DELETED>
        <DELETED>    (1) In general.--Acting through the Board, the 
        Council may--</DELETED>
                <DELETED>    (A) promote and advance programs based on 
                consensus building as a complement to the current 
                deliberative processes employed by Congress and the 
                executive branch;</DELETED>
                <DELETED>    (B) enter into formal and informal 
                relationships with other institutions, public and 
                private, for purposes not inconsistent with this 
                Act;</DELETED>
                <DELETED>    (C) receive referrals from Congress, the 
                President, executive departments, agencies, private 
                groups, or organizations that request the Council's 
                expertise in building a consensus on a particular 
                public policy issue;</DELETED>
                <DELETED>    (D) coordinate with, make referrals to and 
                receive referrals from, other consensus-building 
                instrumentalities of the United States, including the 
                United States Institute for Environmental Conflict 
                Resolution or the Federal Mediation and Conciliation 
                Service; and</DELETED>
                <DELETED>    (E) develop and apply assessment plans for 
                the purpose of reviewing such referrals.</DELETED>
        <DELETED>    (2) Consensus-building process.--Acting through 
        the Board, the Council may, for each consensus-building 
        process--</DELETED>
                <DELETED>    (A) consider such factors as issue 
                complexity, cost, ripeness, likelihood of participation 
                by key stakeholders, and any other relevant indices 
                that may assist the Council in determining whether to 
                accept a referral;</DELETED>
                <DELETED>    (B) identify any appropriate facilitator 
                for the negotiation process;</DELETED>
                <DELETED>    (C) identify the key stakeholders involved 
                or interested in the outcome of a particular issue, 
                including those individuals who have the authority to 
                implement the Council's recommendations;</DELETED>
                <DELETED>    (D) develop and publish a common set of 
                facts to inform and assist consensus-building 
                processes;</DELETED>
                <DELETED>    (E) establish ground rules, including 
                matters related to confidentiality, representation of 
                counsel, and ex parte communications;</DELETED>
                <DELETED>    (F) work to promote consensus among the 
                stakeholders by methods such as negotiation, 
                discussion, meetings, and any other process of dispute 
                resolution;</DELETED>
                <DELETED>    (G) build and construct agreements among 
                stakeholders;</DELETED>
                <DELETED>    (H) draft, present, and submit 
                recommendations to the legislative, executive, or 
                judicial body with oversight of the particular issue; 
                and</DELETED>
                <DELETED>    (I) provide training and technical 
                assistance in response to the request of a department, 
                agency, or instrumentality of the Government to 
                investigate, examine, study, and report on any issue 
                within the Council's competence.</DELETED>
        <DELETED>    (3) Other activities.--The Council also may engage 
        in any other activity consistent with its mission.</DELETED>
<DELETED>    (c) General Authority.--The Council may do any and all 
lawful acts necessary or desirable to carry out the objectives and 
purposes of this Act.</DELETED>
<DELETED>    (d) Guidelines for Council Operations.--As necessary, the 
Council shall develop guidelines, through its bylaws or otherwise, to 
address--</DELETED>
        <DELETED>    (1) policies relating to personal service 
        contracts;</DELETED>
        <DELETED>    (2) standards to ensure that the Council, its 
        Directors, employees, and agents, avoid conflicts of interest 
        that may arise;</DELETED>
        <DELETED>    (3) fundraising policies, donor development 
        programs, and matters related to the acceptance of private 
        donations;</DELETED>
        <DELETED>    (4) the duties and responsibilities of the 
        Council, its Board, officers, employees, and agents; 
        and</DELETED>
        <DELETED>    (5) the establishment of advisory committees, 
        councils, or other bodies, as the efficient administration of 
        the business and purposes of the Council may require.</DELETED>
<DELETED>    (e) Administrative Services From General Services 
Administration.--The Council may obtain administrative support services 
from the Administrator of General Services and use all sources of 
supply and services of the General Services Administration on a 
reimbursable basis.</DELETED>

<DELETED>SEC. 6. BOARD OF DIRECTORS.</DELETED>

<DELETED>    (a) Vested Powers.--The powers of the Council shall be 
vested in a Board of Directors unless otherwise specified in this 
Act.</DELETED>
<DELETED>    (b) Appointments.--The Board of Directors shall consist of 
16 voting members as follows:</DELETED>
        <DELETED>    (1) Eight individuals, including private citizens, 
        State or local employees, or officers or employees of the 
        United States, appointed by the President, except that no more 
        than 4 of such individuals may share the same political party 
        affiliation.</DELETED>
        <DELETED>    (2) Two individuals, including private citizens, 
        State or local employees, Senators, or officers or employees of 
        the United States, appointed by the Majority Leader of the 
        Senate.</DELETED>
        <DELETED>    (3) Two individuals, including private citizens, 
        State or local employees, Senators, or officers or employees of 
        the United States appointed by the Minority Leader of the 
        Senate.</DELETED>
        <DELETED>    (4) Two individuals, including private citizens, 
        State or local employees, Members of the House of 
        Representatives, or officers or employees of the United States 
        appointed by the Speaker of the House of 
        Representatives.</DELETED>
        <DELETED>    (5) Two individuals, including private citizens, 
        State or local employees, Members of the House of 
        Representatives, or officers or employees of the United States 
        appointed by the Minority Leader of the House of 
        Representatives.</DELETED>
<DELETED>    (c) Term of Office: Commencement and Termination, Interim 
and Remainder Service, Limitation.--</DELETED>
        <DELETED>    (1) Term of office.--Directors appointed under 
        subsection (b) of this section shall be appointed to 4-year 
        terms, with no Director serving more than 2 consecutive terms 
        except that--</DELETED>
                <DELETED>    (A) as designated by the President, the 
                terms of 4 of the Directors initially appointed under 
                subsection (b)(1) shall be 2 years, subject to 
                appointment to no more than 2 additional 4-year terms 
                in the manner set forth in this section;</DELETED>
                <DELETED>    (B) as designated by the Speaker of the 
                House of Representatives, the terms of the 2 Directors 
                initially appointed under subsection (b)(4) shall be 2 
                years, subject to appointment to no more than 2 
                additional 4-year terms in the manner set forth in this 
                section; and</DELETED>
                <DELETED>    (C) as designated by the Minority Leader 
                of the House of Representatives, the terms of the 2 
                Directors initially appointed under subsection (b)(5) 
                shall be 2 years, subject to appointment to no more 
                than 2 additional 4-year terms in the manner set forth 
                in this section.</DELETED>
        <DELETED>    (2) Interim service.--Any Director appointed to 
        the Board may continue to serve until his or her successor is 
        appointed.</DELETED>
        <DELETED>    (3) Remainder service.--Any Director appointed to 
        the Board to replace a Director whose term has not expired 
        shall be appointed to serve the remainder of that 
        term.</DELETED>
        <DELETED>    (4) President of council.--The President of the 
        Council shall serve as a nonvoting Director of the 
        Board.</DELETED>
<DELETED>    (d) Qualifications.--A demonstrated interest in the 
mission of the Council or expertise in consensus building may be 
considered in appointments made under this section.</DELETED>
<DELETED>    (e) Removal From Office.--A Director may be removed by a 
process to be determined by the Council's bylaws.</DELETED>
<DELETED>    (f) Meetings; Notice in Federal Register.--Meetings of the 
Board shall be conducted pursuant to the Council's bylaws, except as 
provided in the following:</DELETED>
        <DELETED>    (1) Meetings; quorum.--The Board shall meet at 
        least semiannually. A majority of the Directors in office shall 
        constitute a quorum for any Board meeting.</DELETED>
        <DELETED>    (2) Open meetings.--All official governing 
        meetings of the Board shall be open to public observation and 
        shall be preceded by reasonable public notice. Notice in the 
        Federal Register shall be deemed to be reasonable public notice 
        for purposes of the preceding sentence. In exceptional 
        circumstances, the Board may close those portions of a meeting, 
        upon a majority vote of Directors present and with the vote 
        taken in public session, which are likely to disclose 
        information or that may adversely affect any ongoing proceeding 
        or activity or to disclose information or matters exempted from 
        public disclosure under subsection (c) of section 552b of title 
        5.</DELETED>
<DELETED>    (g) Compensation.--Directors shall be compensated at a 
rate not to exceed the daily equivalent of the rate payable for a 
position at level IV of the Executive Schedule under section 5315 of 
title 5, United States Code, for each day during which they are engaged 
in the performance of the duties of the Council. The Directors shall 
not be employees of the United States.</DELETED>
<DELETED>    (h) Travel Expenses.--While away from home or regular 
place of business in the performance of duties for the Board, a 
Director may receive reasonable travel, subsistence, and other 
necessary expenses.</DELETED>

<DELETED>SEC. 7. OFFICERS AND EMPLOYEES.</DELETED>

<DELETED>    (a) Appointment, Compensation, and Status of President of 
Council and Other Officers.--There shall be a President who shall be 
appointed by the Board. The President shall be the chief executive 
officer of the Council and shall carry out or cause to be carried out 
the functions of the Council subject to the supervision and direction 
of the Board.</DELETED>
        <DELETED>    (1) Compensation of president of the council.--The 
        President of the Council shall be compensated at an annual rate 
        of pay not to exceed the rate payable for a position at level 
        II of the Executive Schedule under section 5313 of title 5, 
        United States Code.</DELETED>
        <DELETED>    (2) Assignment of federal officers or employees to 
        the council.--The Council may request the assignment of any 
        Federal officer or employee to the Council by an appropriate 
        executive department, agency, or congressional official or 
        Member of Congress and may enter into an agreement for such 
        assignment, if the affected officer or employee agrees to such 
        assignment and such assignment causes no prejudice to the 
        salary, benefits, status, or advancement within the department, 
        agency, or congressional staff of such officer or 
        employee.</DELETED>
        <DELETED>    (3) Personnel.--The President of the Council, with 
        the approval of the Board, may appoint and fix the compensation 
        of such additional personnel as determined necessary. The 
        President and employees of the Council shall not be employees 
        of the United States.</DELETED>
        <DELETED>    (4) Compensation for services or expenses; 
        prohibition on loans to council directors and personnel.--
        </DELETED>
                <DELETED>    (A) In general.--No part of the financial 
                resources, income, or assets of the Council or of any 
                legal entity created by the Council shall inure to any 
                agent, employee, officer, or Director or be 
                distributable to any such person during the life of the 
                corporation or upon dissolution or final liquidation. 
                Nothing in this section may be construed to prevent the 
                payment of reasonable compensation for services or 
                expenses to the Directors, officers, employees, and 
                agents of the Council in amounts approved in accordance 
                with this Act.</DELETED>
                <DELETED>    (B) Loans.--The Council shall not make 
                loans to its Directors, officers, employees, or 
                agents.</DELETED>

<DELETED>SEC. 8. PROCEDURES AND RECORDS.</DELETED>

<DELETED>    (a) Monitoring and Evaluation of Programs.--The Council 
shall monitor and evaluate and provide for independent evaluation if 
necessary of programs supported in whole or in part under this Act to 
ensure that the provisions of this Act and the bylaws, rules, 
regulations, and guidelines promulgated under this Act are adhered 
to.</DELETED>
<DELETED>    (b) Accounts of Receipts and Disbursements; Financial 
Reports.--The Council shall keep correct and complete books and records 
of accounts, including separate and distinct accounts of receipts and 
disbursements of Federal funds. The Council's annual financial report 
shall identify the use of such funding and shall present a clear 
description of the full financial situation of the Council.</DELETED>
<DELETED>    (c) Minutes of Proceedings.--The Council shall keep 
minutes of the proceedings of its Board and of any committees having 
authority under the Board.</DELETED>
<DELETED>    (d) Record and Inspection of Required Items.--</DELETED>
        <DELETED>    (1) In general.--The Council shall keep a record 
        of--</DELETED>
                <DELETED>    (A) the names and addresses of its 
                Directors, copies of this Act, and any other Act 
                relating to the Council;</DELETED>
                <DELETED>    (B) all Council bylaws, rules, 
                regulations, and guidelines;</DELETED>
                <DELETED>    (C) required minutes of 
                proceedings;</DELETED>
                <DELETED>    (D) all applications and proposals and 
                issued or received contracts and grants; and</DELETED>
                <DELETED>    (E) financial records of the 
                Council.</DELETED>
        <DELETED>    (2) Inspection.--All items required by this 
        subsection may be inspected by any Director or any agent or 
        attorney of a Director for any proper purpose at any reasonable 
        time.</DELETED>
<DELETED>    (e) Audits.--The accounts of the Council shall be audited 
annually in accordance with generally accepted auditing standards by 
independent certified public accountants or independent licensed public 
accountants, certified or licensed by a regulatory authority of a State 
or other political subdivision of the United States. The audit shall be 
conducted at the place or places where the accounts of the Council are 
normally kept. All books, accounts, financial records, files, and other 
papers, things, and property belonging to or in use by the Council and 
necessary to facilitate the audit shall be made available to the person 
or persons conducting the audit, and full facilities for verifying 
transactions with the balances or securities held by depositories, 
fiscal agents, and custodians shall be afforded to such person or 
persons.</DELETED>
<DELETED>    (f) Report to Congress; Copies for Public.--The Council 
shall provide a report to the President and to each House of Congress 
not later than 6 months following the close of the fiscal year for 
which the audit is made. The report shall set forth such statements of 
the Council's activities for the prior year. The report shall be made 
available to the public.</DELETED>

<DELETED>SEC. 9. FUNDING.</DELETED>

<DELETED>    (a) Authorization of Appropriations.--</DELETED>
        <DELETED>    (1) In general.--For the purpose of carrying out 
        this Act, there are authorized to be appropriated $5,000,000 
        for fiscal year 2002 and such sums as may be necessary for 
        succeeding fiscal years.</DELETED>
        <DELETED>    (2) Availability.--Funds appropriated under the 
        authority of paragraph (1) shall remain available until 
        expended.</DELETED>
<DELETED>    (b) Transfer of Unobligated Funds; Reports of Use of Funds 
to Congress and President.--The Board may transfer to the legal entity 
authorized to be established under section 4(c) any funds not obligated 
or expended from appropriations to the Council for a fiscal year, and 
such funds shall remain available for obligation or expenditure for the 
purposes of such legal entity without regard to fiscal year 
limitations. Any use by such legal entity of appropriated funds shall 
be reported to each House of Congress and to the President.</DELETED>

<DELETED>SEC. 10. DISSOLUTION OR LIQUIDATION.</DELETED>

<DELETED>    Upon dissolution or final liquidation of the Council, all 
income and assets appropriated by the United States to the Council, but 
not any other funds, shall revert to the United States 
Treasury.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Consensus Council Act 
of 2002''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) throughout the Nation there is increasing success in 
        the use of collaborative and consensus-building approaches to 
        address critical public policy issues at the national, State, 
        and local levels;
            (2) there is a need for a national Council that serves the 
        Nation by promoting and conducting consensus-building processes 
        that primarily address legislative policy issues of national 
        importance;
            (3) such a Council may enroll specific stakeholders, both 
        public and private, to build agreements that ultimately may be 
        implemented by Congress, Federal agencies, or other 
        policymaking bodies;
            (4) such a Council will strive to create public policy 
        agreements that integrate differing perspectives into highest 
        common denominator solutions;
            (5) the establishment of such a Council is an appropriate 
        investment by the people of this Nation in a capacity that 
        works in cooperation with Congress and others to assist the 
        current public policymaking processes on selected issues;
            (6) the existence of such a Council could contribute 
        especially to resolving differences on contentious policy 
        issues, preventing polarization on emerging policy issues and 
        addressing issues of complexity that involve multiple parties 
        and perspectives;
            (7) the establishment of such a Council may contribute 
        significantly to a renewed sense of civility and respect for 
        differences, while at the same time promoting vigorous 
        interchange and open communications among those with differing 
        points of view; and
            (8) the Council may become a repository of wisdom and 
        experience on public policy collaboration and consensus-
        building that can be shared with public and private sector 
        policymakers and the public in the interest of promoting more 
        effective public policy and the increased use of collaborative 
        processes.
    (b) Purpose.--The purpose of this Act is to establish an 
independent, nonprofit, national Council to serve the Nation by seeking 
to produce consensus on policy issues of national importance through 
collaborative processes.

SEC. 3. DEFINITIONS.

    In this Act, the term--
            (1) ``Board'' means the Board of Directors of the Council;
            (2) ``Council'' means the United States Consensus Council 
        established under this Act; and
            (3) ``Director'' means an individual appointed to the Board 
        of Directors of the Council.

SEC. 4. UNITED STATES CONSENSUS COUNCIL.

    (a) Establishment.--There is established the United States 
Consensus Council.
    (b) District of Columbia Nonprofit Corporation; Status; 
Restrictions.--The Council shall be established as an independent 
nonprofit corporation under the District of Columbia Nonprofit 
Corporation Act (D.C. Code, section 29-301 et seq.). Upon establishment 
under that Act, the Council shall conform to all the requirements 
applicable to a nonprofit corporation so established in the District 
and shall be subject to such oversight by the District of Columbia as 
is applicable to a nonprofit corporation so established. The Council is 
not an agency or instrumentality of the United States.
    (c) Trade Name and Trademark Rights; Vested Rights Protected; 
Condition for Use of Federal Identity.--
            (1) In general.--The Council has the sole and exclusive 
        right to use and to allow or refuse others the use of the term 
        ``United States Consensus Council'' and the use of any official 
        United States Consensus Council emblem, badge, seal, and other 
        mark of recognition or any colorable simulation thereof.
            (2) United states references.--The Council may use ``United 
        States'' or ``U.S.'' or any other reference to the United 
        States Government or Nation in its title or in its corporate 
        seal, emblem, badge, or other mark of recognition or colorable 
        simulation thereof in any fiscal year only if there is an 
        authorization of appropriations, or appropriations, for the 
        Council for such fiscal year provided by law.

SEC. 5. POWERS AND DUTIES.

    (a) In General.--The Council may exercise the powers conferred upon 
a nonprofit corporation by the District of Columbia Nonprofit 
Corporation Act (D.C. Code, section 29-301 et seq.) consistent with 
this Act.
    (b) Description of Specific Activities.--
            (1) In general.--The Council may--
                    (A) develop and conduct processes to build 
                consensus on national policy issues;
                    (B) enter into formal and informal relationships 
                with other institutions, public and private, for 
                purposes not inconsistent with this Act;
                    (C) identify particular public policy issues as to 
                which the Council's expertise would be useful in 
                building a consensus;
                    (D) subject to paragraph (2), coordinate with, make 
                referrals to and receive referrals from, other 
                consensus-building instrumentalities of the United 
                States, including the United States Institute for 
                Environmental Conflict Resolution or the Federal 
                Mediation and Conciliation Service; and
                    (E) develop and apply criteria for the purpose of 
                determining whether the Council will enter into a 
                consensus-building process on a particular issue.
            (2) Limitations on certain activities.--The Council may not 
        take any action relating to a matter within the authority of 
        the United States Institute for Environmental Conflict 
        Resolution or the Federal Mediation and Conciliation Service 
        without the consent of the Institute or Service, as applicable.
            (3) Consensus-building process.--The Council may, for each 
        consensus-building process--
                    (A) consider such factors as the degree of 
                congressional interest in the issue, as well as issue 
                complexity, cost, ripeness, likelihood of participation 
                by key stakeholders, and any other relevant indices 
                that may assist the Council in determining whether to 
                enter into a particular consensus process;
                    (B) identify any appropriate facilitator for the 
                negotiation process;
                    (C) identify the key stakeholders involved or 
                interested in the outcome of a particular issue, 
                including those individuals who have the authority to 
                implement the Council's recommendations;
                    (D) develop and publish a common set of facts to 
                inform and assist consensus-building processes;
                    (E) establish ground rules, including matters 
                related to confidentiality, representation of counsel, 
                and ex parte communications;
                    (F) work to promote consensus among the 
                stakeholders by methods such as negotiation, 
                discussion, meetings, and any other process of dispute 
                resolution;
                    (G) build and construct agreements among 
                stakeholders;
                    (H) issue a report reflecting the results of 
                consideration by the Council on consensus-building 
                efforts; and
                    (I) provide training and technical assistance on 
                any issue within the Council's competence.
            (4) Other activities.--The Council also may engage in any 
        other activity consistent with its mission.
    (c) General Authority.--The Council may do any and all lawful acts 
necessary or desirable to carry out the objectives and purposes of this 
Act.
    (d) Guidelines for Council Operations.--As necessary, the Council 
shall develop guidelines, through its bylaws or otherwise, to address--
            (1) policies relating to personal service contracts;
            (2) standards to ensure that the Council, its Directors, 
        employees, and agents, avoid conflicts of interest that may 
        arise;
            (3) fundraising policies, donor development programs, and 
        matters related to the acceptance of private donations;
            (4) the duties and responsibilities of the Council, its 
        Board, officers, employees, and agents; and
            (5) the establishment of advisory committees, councils, or 
        other bodies, as the efficient administration of the business 
        and purposes of the Council may require.

SEC. 6. BOARD OF DIRECTORS.

    (a) Vested Powers.--The powers of the Council shall be vested in a 
Board of Directors unless otherwise specified in this Act or delegated 
by the Board.
    (b) Appointments.--The Board of Directors shall consist of 8 voting 
members as follows:
            (1) Two individuals, including private citizens or State or 
        local employees, appointed by the Majority Leader of the 
        Senate.
            (2) Two individuals, including private citizens or State or 
        local employees, appointed by the Minority Leader of the 
        Senate.
            (3) Two individuals, including private citizens or State or 
        local employees, appointed by the Speaker of the House of 
        Representatives.
            (4) Two individuals, including private citizens or State or 
        local employees, appointed by the Minority Leader of the House 
        of Representatives.
    (c) Term of Office: Commencement and Termination, Interim and 
Remainder Service, Limitation.--
            (1) Term of office.--Directors appointed under subsection 
        (b) of this section shall be appointed to 4-year terms, with no 
        Director serving more than 2 consecutive terms, except that--
                    (A) as designated by the Speaker of the House of 
                Representatives, the terms of the 2 Directors initially 
                appointed under subsection (b)(3) shall be 2 years, 
                subject to appointment to no more than 2 additional 4-
                year terms in the manner set forth in this section; and
                    (B) as designated by the Minority Leader of the 
                House of Representatives, the terms of the 2 Directors 
                initially appointed under subsection (b)(4) shall be 2 
                years, subject to appointment to no more than 2 
                additional 4-year terms in the manner set forth in this 
                section.
            (2) Interim service.--Any Director appointed to the Board 
        may continue to serve until his or her successor is appointed.
            (3) Remainder service.--Any Director appointed to the Board 
        to replace a Director whose term has not expired shall be 
        appointed to serve the remainder of that term.
            (4) President of council.--The President of the Council 
        shall serve as a nonvoting Director of the Board.
    (d) Qualifications.--
            (1) In general.--A demonstrated interest in the mission of 
        the Council or expertise in consensus  building shall be 
considered in appointments made under this section.
            (2) Non-federal employees.--No Director may be an officer 
        or employee of the Federal Government, including a Member of 
        Congress.
    (e) Removal From Office.--A Director may be replaced by the 
appointing official or may be removed by a process to be established in 
the Council's bylaws.
    (f) Meetings; Notice in Federal Register.--Meetings of the Board 
shall be conducted pursuant to the Council's bylaws, except as provided 
in the following:
            (1) Meetings; quorum.--The Board shall meet at least 
        semiannually. A majority of the Directors in office shall 
        constitute a quorum for any Board meeting.
            (2) Open meetings.--All official governing meetings of the 
        Board shall be open to public observation and shall be preceded 
        by reasonable public notice. Notice in the Federal Register 
        shall be deemed to be reasonable public notice for purposes of 
        the preceding sentence. In exceptional circumstances, the Board 
        may close those portions of a meeting, upon a majority vote of 
        Directors present and with the vote taken in public session, 
        which are likely to disclose information affecting or relating 
        to the status of individual Directors or employees of the 
        Council or to ongoing litigation to which the Council is a 
        party.
    (g) Compensation.--
            (1) In general.--Subject to paragraphs (2) and (3), a 
        Director may be compensated at a rate not to exceed the daily 
        equivalent of the rate payable for a position at level IV of 
        the Executive Schedule under section 5315 of title 5, United 
        States Code, for each day during which that Director is engaged 
        in the performance of the duties of the Council.
            (2) Directors who may be compensated.--A Director may be 
        compensated under paragraph (1), if that Director notifies the 
        Board of an election to receive compensation.
            (3) Effective date.--A Director shall be compensated under 
        this subsection for the performance of duties after the date of 
        notification under paragraph (2).
    (h) Travel Expenses.--While away from home or regular place of 
business in the performance of duties for the Board, a Director may 
receive reasonable travel, subsistence, and other necessary expenses.

SEC. 7. OFFICERS AND EMPLOYEES.

    (a) Appointment, Compensation, and Status of President of Council 
and Other Officers.--There shall be a President who shall be appointed 
by the Board. The President shall be the chief executive officer of the 
Council and shall carry out or cause to be carried out the functions of 
the Council subject to the supervision and direction of the Board.
            (1) Compensation of president of the council.--The 
        President of the Council shall be compensated at an annual rate 
        of pay not to exceed the rate payable for a position at level 
        II of the Executive Schedule under section 5313 of title 5, 
        United States Code.
            (2) Assignment of federal officers or employees to the 
        council.--The Council may request the assignment of any Federal 
        officer or employee to the Council by an appropriate executive 
        department, agency, or congressional official or Member of 
        Congress and may enter into an agreement for such assignment, 
        if the affected officer or employee agrees to such assignment 
        and such assignment causes no prejudice to the salary, 
        benefits, status, or advancement within the department, agency, 
        or congressional staff of such officer or employee. The 
        assigning office shall be fully reimbursed by the Council for 
        the costs associated with such an assignment. The assigned 
        officer or employee shall remain an officer or employee of the 
        United States during the course of such assignment.
            (3) Personnel.--The President of the Council, with the 
        approval of the Board, may appoint and fix the compensation of 
        such additional personnel as determined necessary. The 
        President and employees of the Council shall not be employees 
        of the United States.
            (4) Compensation for services or expenses; prohibition on 
        loans to council directors and personnel.--
                    (A) In general.--No part of the financial 
                resources, income, or assets of the Council or of any 
                legal entity created by the Council shall inure to any 
                agent, employee, officer, or Director or be 
                distributable to any such person during the life of the 
                corporation or upon dissolution or final liquidation. 
                Nothing in this section may be construed to prevent the 
                payment of reasonable compensation for services or 
                expenses to the Directors, officers, employees, and 
                agents of the Council in amounts approved in accordance 
                with this Act.
                    (B) Loans.--The Council shall not make loans to its 
                Directors, officers, employees, or agents.

SEC. 8. PROCEDURES AND RECORDS.

    (a) Monitoring and Evaluation of Programs.--The Council shall 
monitor and evaluate and provide for independent evaluation if 
necessary of programs supported in whole or in part under this Act to 
ensure that the provisions of this Act and the bylaws, rules, 
regulations, and guidelines promulgated under this Act are adhered to.
    (b) Accounts of Receipts and Disbursements; Financial Reports.--The 
Council shall keep correct and complete books and records of accounts, 
including separate and distinct accounts of receipts and disbursements 
of Federal funds. The Council's annual financial report shall identify 
the use of such funding and shall present a clear description of the 
full financial situation of the Council.
    (c) Minutes of Proceedings.--The Council shall keep minutes of the 
proceedings of its Board and of any committees having authority under 
the Board.
    (d) Record and Inspection of Required Items.--
            (1) In general.--The Council shall keep a record of--
                    (A) the names and addresses of its Directors, 
                copies of this Act, and any other Act relating to the 
                Council;
                    (B) all Council bylaws, rules, regulations, and 
                guidelines;
                    (C) required minutes of proceedings;
                    (D) all applications and proposals and issued or 
                received contracts and grants; and
                    (E) financial records of the Council.
            (2) Inspection.--All items required by this subsection may 
        be inspected by any Director or any agent or attorney of a 
        Director for any proper purpose at any reasonable time.
    (e) Audits.--The accounts of the Council shall be audited annually 
in accordance with generally accepted auditing standards by independent 
certified public accountants or independent licensed public 
accountants, certified or licensed by a regulatory authority of a State 
or other political subdivision of the United States. The audit shall be 
conducted at the place or places where the accounts of the Council are 
normally kept. All books, accounts, financial records, files, and other 
papers, things, and property belonging to or in use by the Council and 
necessary to facilitate the audit shall be made available to the person 
or persons conducting the audit, and full facilities for verifying 
transactions with the balances or securities held by depositories, 
fiscal agents, and custodians shall be afforded to such person or 
persons.
    (f) Annual Report to Congress; Copies for Public.--
            (1) In general.--The Council shall provide a report to the 
        President and to each House of Congress not later than 6 months 
        following the close of the fiscal year for which the audit is 
        made.
            (2) Contents.--Each report under this subsection shall 
        include--
                    (A) a statement of the Council's activities for the 
                prior year;
                    (B) a copy of the audit report prepared under 
                subsection (e); and
                    (C) a disclosure statement of--
                            (i) the source of all funds received by the 
                        Council in the prior year; and
                            (ii) the purpose for which the funds were 
                        contributed or made available.
            (3) Public availability.--Each report under this subsection 
        shall be made available to the public.
    (g) GAO Review.--The annual report submitted under subsection (f) 
shall be submitted simultaneously to the General Accounting Office for 
its review.

SEC. 9. FUNDING.

    (a) Authorization of Appropriations.--For the purpose of carrying 
out this Act, there are authorized to be appropriated $2,000,000 for 
fiscal year 2003 and such sums as may be necessary for succeeding 
fiscal years.
    (b) Availability.--Funds appropriated under the authority of 
subsection (a) shall remain available until expended.
    (c) Investment of Funds.--Funds appropriated to the Council shall 
be invested only in instruments backed by the full faith and credit of 
the United States or in a federally insured financial institution. Any 
interest earned on such investments shall be used only for the purposes 
set out in this Act.

SEC. 10. DISSOLUTION OR LIQUIDATION.

    Upon dissolution or final liquidation of the Council, all funds 
appropriated by the United States to the Council including any interest 
attributable to such funds, but not any other funds, shall revert to 
the United States Treasury. Other funds held by the Council shall be 
handled under the laws of the District of Columbia applicable to 
nonprofit corporations.




                                                       Calendar No. 709

107th CONGRESS

  2d Session

                                S. 1651

_______________________________________________________________________

                                 A BILL

   To establish the United States Consensus Council to provide for a 
consensus building process in addressing national public policy issues, 
                        and for other purposes.

_______________________________________________________________________

                            October 15, 2002

                       Reported with an amendment