(Sec. 5) Authorizes the Council to: (1) develop and conduct processes to build consensus on national policy issues; (2) identify particular public policy issues as to which the Council's expertise would be useful in building a consensus; (3) develop and apply criteria for determining whether the Council will enter into a consensus-building process on a particular issue; and (4) coordinate with, make referrals to, and receive referrals from other U.S. consensus building instrumentalities, including the U.S. Institute for Environmental Conflict Resolution and the Federal Mediation and Conciliation Service. Prohibits the Council from taking any action relating to a matter within the authority of the Institute or the Service without their consent.
Allows the Council, for each consensus building process, to: (1) consider congressional interest, issue complexity, cost, ripeness, likelihood of participation by key stakeholders, and other relevant indices in determining whether to enter into a particular consensus process; (2) identify any appropriate facilitator and key stakeholders; (3) publish a common set of facts to inform and assist consensus-building processes; (4) establish ground rules related to confidentiality, representation of counsel, and ex parte communications; (5) work to promote consensus by methods of dispute resolution; (6) build agreements among stakeholders; (7) report the results of consensus-building efforts; and (8) provide issue training and technical assistance.
Directs the Council to develop guidelines on its operating policies and duties, including for the establishment of advisory bodies.
(Sec. 6) Vests the powers of the Council in a Board of Directors. Prohibits any Director from being a Federal officer or employee, including a Member of Congress.
(Sec. 7) Provides for appointment by the Board of a President who shall be the chief executive officer of the Council and subject to the supervision of the Board.
(Sec. 8) Directs the Council to monitor and evaluate programs to ensure compliance with this Act.
Requires annual audits of the Council's accounts and an annual financial report to the President, Congress, and the General Accounting Office on the Council's activities, the audit report, and funds received.
(Sec. 9) Authorizes appropriations.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1651 Introduced in Senate (IS)]
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 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.
<all>
Sponsor introductory remarks on measure. (CR S11559)
Introduced in Senate
Read twice and referred to the Committee on Governmental Affairs. (text of measure as introduced: CR S11559-11561)
Committee on Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. Without written report.
Committee on Governmental Affairs. Reported by Senator Lieberman with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 709.
By Senator Lieberman from Committee on Governmental Affairs filed written report under authority of the order of the Senate of 10/17/2002. Report No. 107-330.
By Senator Lieberman from Committee on Governmental Affairs filed written report under authority of the order of the Senate of 10/17/2002. Report No. 107-330.
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