(3) Two individuals, including private citizens,
State or local employees, Senators, or officers or em-
ployees of the United States appointed by the Minor-
ity 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 TERMI-
NATION, INTERIM
AND REMAINDER SERVICE, LIMITA-
TION.—
(1) TERM
OF
OFFICE.—Directors appointed
under subsection (b) of this section shall be ap-
pointed 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 sec-
tion;
(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 sub-
section (b)(5) shall be 2 years, subject to ap-
pointment 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 ap-
pointed 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 build-
ing may be considered in appointments made under this
section.
(e) REMOVAL FROM OFFICE.—A Director may be re-
moved by a process to be determined by the Council’s by-
laws.
(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 Direc-
tors 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 obser-
vation 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 cir-
cumstances, 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 dis-
close 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 em-
ployees 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, sub-
sistence, 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 di-
rection 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 Ex-
ecutive 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 em-
ployee to the Council by an appropriate executive de-
partment, agency, or congressional official or Mem-
ber of Congress and may enter into an agreement
for such assignment, if the affected officer or em-
ployee agrees to such assignment and such assign-
ment causes no prejudice to the salary, benefits, sta-
tus, or advancement within the department, agency,
or congressional staff of such officer or employee.
(3) PERSONNEL.—The President of the Coun-
cil, 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
EX-
PENSES; PROHIBITION ON LOANS TO COUNCIL DI-
RECTORS 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 Direc-
tor or be distributable to any such person dur-
ing the life of the corporation or upon dissolu-
tion or final liquidation. Nothing in this section
may be construed to prevent the payment of
reasonable compensation for services or ex-
penses 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 provi-
sions 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 disburse-
ments 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 Direc-
tors, copies of this Act, and any other Act relat-
ing 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 pur-
pose at any reasonable time.
(e) AUDITS.—The accounts of the Council shall be
audited annually in accordance with generally accepted au-
diting standards by independent certified public account-
ants 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, fi-
nancial records, files, and other papers, things, and prop-
erty 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 af-
forded 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 fol-
lowing 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 with-
out 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.
Æ