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

November 15, 2001

Mr. REHBERG (for himself, Mr. EDWARDS, and Mrs. EMERSON) introduced the following bill; which was referred to the Committee on Government Reform

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,

SECTION 1. SHORT TITLE.

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

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 can promote and conduct 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, the executive branch, and others and complements 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 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.

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) 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.

(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'.

(d) 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 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.

(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) 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.

(b) DESCRIPTION OF SPECIFIC ACTIVITIES-

(1) IN GENERAL- Acting through the Board, the Council may--

(A) promote and advance programs based on consensus building as a complement to the current deliberative processes employed by Congress and the executive branch;

(B) enter into formal and informal relationships with other institutions, public and private, for purposes not inconsistent with this Act;

(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;

(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

(E) develop and apply assessment plans for the purpose of reviewing such referrals.

(2) CONSENSUS-BUILDING PROCESS- Acting through the Board, the Council may, for each consensus-building process--

(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;

(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) draft, present, and submit recommendations to the legislative, executive, or judicial body with oversight of the particular issue; and

(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.

(3) 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.

(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.

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.

(b) APPOINTMENTS- The Board of Directors shall consist of 16 voting members as follows:

(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.

(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.

(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.

(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.

(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.

(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 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;

(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

(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.

(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- A demonstrated interest in the mission of the Council or expertise in consensus building may be considered in appointments made under this section.

(e) REMOVAL FROM OFFICE- A Director may be removed by a process to be determined by 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 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.

(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.

(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.

(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) 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.

SEC. 9. FUNDING.

(a) AUTHORIZATION OF APPROPRIATIONS-

(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.

(2) AVAILABILITY- Funds appropriated under the authority of paragraph (1) shall remain available until expended.

(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.

SEC. 10. DISSOLUTION OR LIQUIDATION.

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.

END