(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 Inter-
nal 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 instrumen-
tality 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 oth-
ers 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 simula-
tion 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) 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 Con-
gress and the executive branch;
(B) enter into formal and informal rela-
tionships with other institutions, public and pri-
vate, for purposes not inconsistent with this
Act;
(C) receive referrals from Congress, the
President, executive departments, agencies, pri-
vate 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, includ-
ing the United States Institute for Environ-
mental Conflict Resolution or the Federal Medi-
ation 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 con-
sensus-building process—
(A) consider such factors as issue com-
plexity, cost, ripeness, likelihood of participation
by key stakeholders, and any other relevant in-
dices that may assist the Council in deter-
mining 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 rec-
ommendations;
(D) develop and publish a common set of
facts to inform and assist consensus-building
processes;
(E) establish ground rules, including mat-
ters 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 rec-
ommendations to the legislative, executive, or
judicial body with oversight of the particular
issue; and
(I) provide training and technical assist-
ance in response to the request of a depart-
ment, agency, or instrumentality of the Govern-
ment 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 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) the duties and responsibilities of the Coun-
cil, its Board, officers, employees, and agents; and
(5) the establishment of advisory committees,
councils, or other bodies, as the efficient administra-
tion 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, ex-
cept 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 em-
ployees of the United States, appointed by the Ma-
jority Leader of the Senate.