and respect for differences, while at the same time 
promoting vigorous interchange and open commu-
nications among those with differing points of view; 
and 
(8) the Council may become a repository of wis-
dom and experience on public policy collaboration 
and consensus-building that can be shared with pub-
lic 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 estab-
lish an independent, nonprofit, national Council to serve 
the Nation by seeking to produce consensus on policy 
issues of national importance through collaborative proc-
esses. 
SEC. 3. DEFINITIONS. 
In this Act, the term—
(1) ‘‘Board’’ means the Board of Directors of 
the Council; 
(2) ‘‘Council’’ means the United States Con-
sensus 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 CORPORA-
TION; STATUS; RESTRICTIONS.—The Council shall be es-
tablished 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 Dis-
trict of Columbia as is applicable to a nonprofit corpora-
tion so established. The Council is not an agency or instru-
mentality 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 oth-
ers 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 Coun-
cil may use ‘‘United States’’ or ‘‘U.S.’’ or any other
reference to the United States Government or Na-
tion in its title or in its corporate seal, emblem, 
badge, or other mark of recognition or colorable sim-
ulation 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 Dis-
trict 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 rela-
tionships with other institutions, public and pri-
vate, 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 instru-
mentalities of the United States, including the 
United States Institute for Environmental Con-
flict Resolution or the Federal Mediation and 
Conciliation Service; and 
(E) develop and apply criteria for the pur-
pose of determining whether the Council will 
enter into a consensus-building process on a 
particular issue. 
(2) LIMITATIONS
ON
CERTAIN
ACTIVITIES.—
The Council shall not—
(A) duplicate the activities of the United 
States Institute for Environmental Conflict 
Resolution or the Federal Mediation and Con-
ciliation Service; or 
(B) interfere with the Institute or Service 
in carrying out their respective statutory re-
sponsibilities. 
(3) CONSENSUS-BUILDING PROCESS.—With re-
spect to each consensus-building process, the Coun-
cil—
(A) shall consider such factors as the de-
gree of congressional interest in the issue, as 
well as issue complexity, cost, ripeness, likeli-
hood 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 in-
volved or interested in the outcome of a par-
ticular issue, including those individuals who 
have the authority to implement the rec-
ommendations 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, representa-
tion of counsel, and ex parte communications; 
(F) may work to promote consensus among 
the stakeholders by methods such as negotia-
tion, discussion, meetings, and any other proc-
ess of dispute resolution; 
(G) may build and construct agreements 
among stakeholders; 
(H) may issue a report reflecting the re-
sults of consideration by the Council on con-
sensus-building efforts; and
(I) may provide training and technical as-
sistance on any issue within the Council’s com-
petence. 
(4) OTHER ACTIVITIES.—The Council also may 
engage in any other activity consistent with its mis-
sion. 
(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 con-
tracts; 
(2) standards to ensure that the Council, its Di-
rectors, employees, and agents, avoid conflicts of in-
terest that may arise; 
(3) fundraising policies, donor development pro-
grams, and matters related to the acceptance of pri-
vate 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