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

April 11, 2003

Ms. COLLINS (for herself, Mr. DORGAN, Mr. SANTORUM, and Mr. CONRAD) introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs

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 2003'.

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 conflict or dispute resolution 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 shall consult and coordinate with the United States Institute for Environmental Conflict Resolution and the Federal Mediation and Conciliation Service to ensure that the activities of the Council do not--

(A) duplicate the activities of the Institute or Service; or

(B) interfere with the Institute or Service in carrying out their respective statutory responsibilities.

(3) CONSENSUS-BUILDING PROCESS- With respect to each consensus-building process, the Council--

(A) shall 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) may identify any appropriate facilitator for the negotiation process;

(C) may identify the key stakeholders involved or interested in the outcome of a particular issue, including those individuals who have the authority to implement the recommendations that result from the Council's consensus building processes;

(D) may develop and publish a common set of facts to inform and assist consensus-building processes;

(E) may establish ground rules, including matters related to confidentiality, representation of counsel, and ex parte communications;

(F) may work to promote consensus among the stakeholders by methods such as negotiation, discussion, meetings, and any other process of dispute resolution;

(G) may build and construct agreements among stakeholders;

(H) may issue a report reflecting the results of consideration by the Council on consensus-building efforts; and

(I) may 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) procedures to ensure that all participants in a consensus-building process are informed of--

(A) the sources of funding of the Council; and

(B) the source and purpose of any donation for which a purpose is specified when donated to the Council;

(5) the duties and responsibilities of the Council, its Board, officers, employees, and agents; and

(6) 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 12 voting members as follows:

(1) Four individuals, including private citizens or State or local employees, no more than 2 of whom shall be of the same political party, appointed by the President. The President shall appoint members of the opposing party only on the recommendation of the leaders of Congress from that party.

(2) Two individuals, including private citizens or State or local employees, appointed by the Majority Leader of the Senate.

(3) Two individuals, including private citizens or State or local employees, appointed by the Minority Leader of the Senate.

(4) Two individuals, including private citizens or State or local employees, appointed by the Speaker of the House of Representatives.

(5) 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 President, the terms of 2 of the 4 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) 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.

(3) 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) INITIAL ORGANIZATIONAL MEETING-

(A) IN GENERAL- The Board shall hold an initial organizational meeting within 60 days after the appointment of at least 1/3 of the members under this section. The purpose of the meeting shall be to provide for the incorporation of the Council as a non-profit corporation in the District of Columbia as provided under section 4 and to adopt the interim bylaws and guidelines required under this section for its operation.

(B) REQUIRED RATIFICATION OF ACTIONS OF ORGANIZATIONAL MEETING- The Articles of Incorporation and the interim bylaws and guidelines adopted in the initial organizational meeting shall be effective only until the first meeting of the Board after the appointment of all members under this section, at which time the articles, bylaws, or guidelines may be ratified or modified by the Board.

(2) MEETINGS; QUORUM- The Board shall meet at least semiannually. A majority of the Directors in office shall constitute a quorum for any Board meeting.

(3) 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) PRESIDENT OF THE COUNCIL- 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.

(b) 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.

(c) 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.

(d) 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.

(e) COMPENSATION FOR SERVICES OR EXPENSES; PROHIBITION ON LOANS TO COUNCIL DIRECTORS AND PERSONNEL-

(1) 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.

(2) 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-

(1) IN GENERAL- The Council shall keep complete books and records of accounts, including--

(A) separate and distinct accounts of receipts and disbursements of Federal funds and donations; and

(B) records of the purpose of any donation for which a purpose is specified when donated to the Council.

(2) ANNUAL FINANCIAL REPORTS- The Council's annual financial report shall identify the use of all 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. PROHIBITION ON LOBBYING ACTIVITIES.

(a) DEFINITIONS- In this section--

(1) the terms `covered executive branch official', `covered legislative branch official', and `client' have the meanings given under section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602);

(2) the term `lobbying activities' has the meaning given under section 3(7) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(7)), except the definition of the term `lobbying contact' shall be applied as modified under this section; and

(3) the term `lobbying contact'--

(A) has the meaning given under paragraph (8) of section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(8)), except that a communication made on behalf of a client referred to under subparagraph (A) of that paragraph shall apply instead to a communication made on behalf of the Council; and

(B) does not include a communication between the Council and a covered executive branch official or covered legislative branch official relating to--

(i) appropriations for the Council; or

(ii) proposed legislation directly affecting the Council.

(b) PROHIBITIONS- The Council may not--

(1) engage in lobbying activities; or

(2) be a client.

SEC. 10. 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 fiscal years 2004 through 2008.

(b) AVAILABILITY- Funds appropriated under the authority of subsection (a) shall remain available until expended.

(c) Availability of Funds From Fiscal Year 2003- Any funds authorized to be made available through the General Services Administration during fiscal year 2003 for the purpose of carrying out this Act shall remain available until expended.

(d) 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. 11. 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.

END