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[DOCID: f:s1651is.txt]






107th CONGRESS
  1st 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, and Mr. Conrad) introduced the 
 following bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

_______________________________________________________________________

                                 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,

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 inv
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olved 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. 
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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.
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