[Senate Report 108-110]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 221
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-110
_______________________________________________________________________


 
              UNITED STATES CONSENSUS COUNCIL ACT OF 2003

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                 S. 908

   TO ESTABLISH THE UNITED STATES CONSENSUS COUNCIL TO PROVIDE FOR A 
CONSENSUS BUILDING PROCESS IN ADDRESSING NATIONAL PUBLIC POLICY ISSUES, 
                         AND FOR OTHER PURPOSES




    July 22 (legislative day, July 21), 2003.--Ordered to be printed

                                 ______

                     U.S. GOVERNMENT PRINTING OFFICE
19-010                       WASHINGTON : 2003





                   COMMITTEE ON GOVERNMENTAL AFFAIRS

                   SUSAN M. COLLINS, Maine, Chairman
TED STEVENS, Alaska                  JOSEPH I. LIEBERMAN, Connecticut
GEORGE V. VOINOVICH, Ohio            CARL LEVIN, Michigan
NORM COLEMAN, Minnesota              DANIEL K. AKAKA, Hawaii
ARLEN SPECTER, Pennsylvania          RICHARD J. DURBIN, Illinois
ROBERT F. BENNETT, Utah              THOMAS R. CARPER, Delaware
PETER G. FITZGERALD, Illinois        MARK DAYTON, Minnesota
JOHN E. SUNUNU, New Hampshire        FRANK LAUTENBERG, New Jersey
RICHARD C. SHELBY, Alabama           MARK PRYOR, Arkansas

           Michael D. Bopp, Staff Director and Chief Counsel
                Kim Corthell, Professional Staff Member
      Joyce A. Rechtschaffen, Minority Staff Director and Counsel
                   Susan E. Propper, Minority Counsel
                      Amy B. Newhouse, Chief Clerk



                                                       Calendar No. 221
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-110

======================================================================




              UNITED STATES CONSENSUS COUNCIL ACT OF 2003

                                _______
                                

    July 22 (legislative day, July 21), 2003.--Ordered to be printed

                                _______
                                

Ms. Collins, from the Committee on Governmental Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 908]

    The Committee on Governmental Affairs, to which was 
referred the bill (S. 908) to establish the United States 
Consensus Council to provide for a consensus building process 
in addressing national public policy issues, and for other 
purposes, reports favorably thereon with amendments and 
recommends that the bill as amended do pass.

                                CONTENTS

  I. Purpose and Summary..............................................1
 II. Background.......................................................2
III. Discussion of Legislation........................................2
 IV. Legislative History..............................................4
  V. Section-by-Section Analysis......................................4
 VI. Evaluation of Regulatory Impact..................................9
VII. CBO Cost Estimate................................................9
VIII.Changes to Existing Law.........................................10


                         I. PURPOSE AND SUMMARY

    S. 908 is a bill to establish the United States Consensus 
Council (Council), an independent nonprofit entity that will 
provide professional mediation services in cooperation with 
Congress (and perhaps others) to help resolve difficult policy 
issues by building consensus agreements among stakeholders. 
Following the completion of a consensus-building process, the 
Council will issue a report reflecting the results of its 
consideration and efforts. This report is advisory and will not 
be binding on the decision-makers, but should contain policy 
solutions that would be acceptable to key stakeholders involved 
in the issue.

                             II. BACKGROUND

    The United States Consensus Council is modeled upon similar 
entities that have operated in several states, including the 
Montana Consensus Council and the Consensus Council, Inc. in 
North Dakota. These Councils have addressed a wide variety of 
issues at the state level, such as hazardous waste treatment, 
mental health care, and urban sprawl.
    Although it is the role of Congress to find solutions to 
the country's important public policy issues, the creation of 
the United States Consensus Council may be useful to Congress 
when it is faced with issues that are particularly complex or 
contentious, or that cross committee jurisdictional lines. In 
such cases, the Council may identify the range of stakeholders, 
assist those stakeholders to clarify and narrow their 
differences, and find areas of common ground on which they can 
agree. The Council will address only issues that are chosen in 
cooperation with appropriate leaders of Congress from both 
parties and the results reported by the Council based on its 
efforts will be solely advisory, subject to the normal 
legislative process.

                     III. DISCUSSION OF LEGISLATION

    Senator Collins offered an amendment to S. 908 at the 
Committee's markup on June 17, 2003. The amendment, which was 
adopted by the Committee, clarifies the relationship of the 
Council with the United States Institute for Environmental 
Conflict Resolution (USIECR) and the Federal Mediation and 
Conciliation Service (FMCS); modifies the procedure for making 
presidential appointees to the Council's board of directors; 
and changes the requirement for the initial meeting of the 
board of directors.
    As amended, S. 908 establishes the United States Consensus 
Council as an independent nonprofit corporation under the 
District of Columbia Nonprofit Corporation Act. The Council 
will not be an agency or instrumentality of the United States.
    The Council's powers are vested in a 12 member part-time 
Board of Directors. Each of the leaders of the majority and 
minority in the House of Representatives and the Senate may 
select two board members. The President may select four board 
members, two members from each political party. The President's 
appointment of members of the opposing party shall only be on 
the recommendation of the congressional leaders from that 
party. All of the President's initial appointments to the board 
must be made on the same date. The members of the board will 
not be subject to Senate confirmation.
    Members of the board will not be federal officers or 
employees and may not be selected from among those who are 
federal officers or employees or Members of Congress. Directors 
will serve no more than two four-year terms, except that two of 
the first directors selected by the President and the first 
Directors selected by the Speaker and the Minority Leader of 
the House of Representatives will be initially appointed to 
terms of two years, and may then be reappointed to no more than 
two additional four-year terms.
    The Council is required to have its initial board meeting 
within sixty days of the appointment of at least one-third of 
the board. However, this meeting may be held only when equal 
numbers of board members from each of the major political 
parties have been appointed as of the date of this meeting. At 
the initial meeting, the board is required to provide for the 
incorporation of the Council and to adopt interim bylaws and 
guidelines. The articles of incorporation, bylaws and 
guidelines will be effective only until the first board meeting 
after the appointment of all board members at which time these 
articles, bylaws and guidelines will be ratified or modified. 
The purpose of this provision is to establish a process for the 
expeditious establishment of the Council.
    The Board will select a President, who will be the chief 
executive officer of the Council and carry out the functions of 
the Council subject to the supervision of the Board. The 
President will serve as a non-voting member of the Board and 
will be compensated at a rate not to exceed level II of the 
Executive Schedule. The Council may request that federal 
employees be detailed to the Council from any federaldepartment 
or agency or from any Congressional office on a reimbursable basis.
    The Committee has amended the bill in order to express 
unequivocally the intent of its sponsors and the Committee to 
limit the purpose and programs of the Council to ensure that 
there is no duplication, redundancy, or conflict in the 
Council's activities with the purposes and programs of the 
United States Institute for Environmental Conflict Resolution 
or the Federal Mediation and Conciliation Service. The 
Institute and Service each provide services that are valuable 
to the legislative, executive, and judicial branches of the 
U.S. government, as well to the states, Indian tribes, local 
governments, and members of the public. It is the Committee's 
intent that the Council carry forward its activities in a 
manner that supports and does not conflict with, duplicate, or 
otherwise impede the activities of the Institute or Service. In 
this regard, the Committee has directed that the Council 
consult with the Institute and Service to identify 
opportunities for collaboration in fulfillment of their 
respective purposes and programs and has required that the 
Council seek the consent of the Institute or Service as a 
precondition to undertaking any activity that relates to a 
matter within the authority of the Institute or Service. The 
Committee expects the Institute and Service and Council to work 
in a collaborative manner as appropriate to advance the central 
purpose shared by all three entities, namely, avoiding, 
reducing, and resolving societal conflicts.
    The Council may receive appropriated funds from Congress 
and may also accept private sector contributions for its 
activities. It must report annually to Congress and the 
President on its activities to disclose the sources of funding 
it receives and the purposes for which the funds were 
contributed. The report must also include a copy of the 
Council's audited annual financial statement. GAO will review 
the annual report.
    The Council is prohibited from carrying out any lobbying 
activities except on matters related to its own appropriation 
and authorization. It is the intention of the Committee that 
the Council remain neutral on substantive policy issues.
    On dissolution of the Council, all funds received from 
appropriations, including any interest earned on appropriated 
funds, will revert to the United States Treasury.

                        IV. LEGISLATIVE HISTORY

    S. 908 was introduced on April 17, 2003, by Senator Collins 
and was referred to the Committee on Governmental Affairs. The 
bill was co-sponsored by a bipartisan group of Senators: 
Daschle, Conrad, Santorum, Dorgan and Leahy. At the Committee's 
markup on June 17, 2003, S. 908 was reported out with a Collins 
amendment by voice vote. Members present were Collins, 
Lieberman, Akaka, Coleman, Durbin, Fitzgerald, Lautenberg, 
Levin, Pryor, Sununu and Voinovich.
    A companion bill, H.R. 2459, was introduced in the House of 
Representatives on June 12, 2003, by Representative Dennis 
Rehberg and was referred to the House Committee on Government 
Reform.

                     V. SECTION-BY-SECTION ANALYSIS

Sec. 1. Short title

    This section states that the Act may be cited as the 
``United States Consensus Council Act of 2003.''

Sec. 2. Findings and purpose

    Paragraph (a). Findings. Paragraph (a) sets forth 
congressional findings which: (1) recognize that there is 
increasing success in addressing critical public policy issues 
through consensus building approaches; (2) state the need for a 
national Council to use such approaches on legislative policy 
issues of national importance; (3) assert that such a Council 
may enroll specific stakeholders, both public and private, to 
build agreements that may be implemented by appropriate 
authorities; (4) conclude that such a Council will strive to 
create agreements that integrate differing perspectives into 
highest common denominator solutions; (5) state that such a 
Council is an appropriate investment by the people of this 
Nation; (6) state that such a Council could prevent 
polarization on emerging policy issues; (7) recognize that such 
a Council may contribute to a renewed sense of civility and 
respect for different points of view; and (8) state that the 
Council may become a repository of wisdom and experience on 
public policy collaboration.
    Paragraph (b). Purpose. This paragraph states that the 
purpose of this Act is to establish an independent, nonprofit, 
national Council to serve the Nation by seeking to produce 
consensus on policy issues of national importance.

Sec. 3. Definitions

    This section provides the definition of three terms. 
``Board'' means the Board of Directors of the Council. 
``Council'' refers to the United States Consensus Council. 
``Director'' means an individual appointed to the Council's 
Board of Directors.

Sec. 4. United States Consensus Council

    Paragraph (a). Establishment. Paragraph (a) provides for 
the establishment of the United States Consensus Council.
    Paragraph (b). District of Columbia Nonprofit Corporation; 
Status; Restrictions. Paragraph (b) requires that the Council 
be incorporated as an independent, nonprofit corporation under 
the District of Columbia Nonprofit Corporation Act, and that 
the Council shall be subject to all the requirements and 
oversight, as applicable, pursuantto this Act. It further 
states that the Council is not an agency or instrumentality of the 
United States.
    Paragraph (c). Trade Name and Trademark Rights; Vested 
Rights Protected; Condition for Use of Federal Identity. 
Subsection (c)(1) authorizes the Council to have the sole and 
exclusive right to use and to authorize the use of the term 
``United States Consensus Council,'' as well as any emblem, 
badge, seal, or other mark of recognition adopted by the 
Council. Subsection (c)(2) restricts the Council's ability to 
reference the United States Government or Nation in its name or 
in any mark of recognition to those fiscal years in which the 
Council has received an authorization of appropriations, or 
appropriations, by law.

Sec. 5. Powers and duties

    Paragraph (a). In General. Paragraph (a) states that the 
Council may exercise all the authorities conferred by the 
District of Columbia Nonprofit Corporation Act that are 
consistent with this Act.
    Paragraph (b). Description of Specific Activities. 
Subsection (b)(1) describes some of the specific activities 
that the Council may undertake in carrying out its purpose of 
assisting in the development of consensus on national policy 
issues. These activities include designing consensus processes, 
establishing relationships with other institutions, both 
private and public, that will be able to assist in such 
processes, and coordinating with existing federal entities to 
avoid duplication. Subsection (b)(2) provides that the Council 
may not take any action relating to a matter within the 
authority of the U.S. Institute for Environmental Conflict 
Resolution and the Federal Mediation and Conciliation Service 
without the consent of the Institute or Service; duplicate the 
activities of the Institute or Service; or interfere with the 
Institute or Service in carrying out their respective statutory 
responsibilities. The Institute or Service is required to 
respond to a request for consent within 30 days, unless the 
Council and the Institute or Service agree otherwise. 
Subsection (b)(3) sets out some of the steps the Council may 
take in designing a consensus process for a specific policy 
issue, and requires the Council to consider such factors as the 
degree of congressional interest in the issue. It also allows 
the Council to undertake a full range of activities to support 
its consensus building efforts. Subsection (b)(4) authorizes 
the Council to engage in any other activity that is consistent 
with its mission.
    Paragraph (c). General Authority. Paragraph (c) grants the 
Council the authority to do any and all lawful acts necessary 
or desirable to carry out the objectives and purposes of this 
Act.
    Paragraph (d). Guidelines for Council Operations. Paragraph 
(d) directs the Council to develop guidelines, as necessary, 
for matters related to: (1) personal service contracts; (2) 
standards for Directors, employees, and agents to avoid 
conflicts of interest; (3) fund-raising policies; (4) 
procedures to ensure that participants in the Council's 
consensus-building processes are informed of the Council's 
sources [and purpose] of funding and any specified purpose of 
such donations; (5) duties and responsibilities of the Council, 
its Board, officers, employees, and agents; and (6) the 
establishment of advisory committees or similar working groups.

Sec. 6. Board of Directors

    Paragraph (a). Vested Powers. Paragraph (a) vests the 
powers of the Council in the Board of Directors unless 
otherwise specified in the Act or delegated by the Board.
    Paragraph (b). Appointments. Paragraph (b) provides for the 
appointment of the 12 voting members of the Board, who may be 
private citizens or state or local employees. Four appointments 
are given to the President, no more than 2 of whom shall be of 
the same political party. Members of the opposing party shall 
only be appointed by the President on the recommendation of the 
leaders of Congress from that party. The President shall make 
all four of the initial appointments on the same date. Two 
appointments each are given to the Speaker of the House of 
Representatives and the Minority Leader of the House of 
Representatives, and two appointments each are given to the 
Senate Majority and Minority Leaders.
    Paragraph (c). Term of Office: Commencement and 
Termination, Interim and Remainder Service, Limitation. 
Subsection (c)(1) provides that the terms of Directors are four 
years, with a limit of two consecutive terms. The initial 
appointees of the Speaker and Minority Leader of the House and 
two of the President's appointees will each have a two-year 
term with the possibility of serving two additional four-year 
terms. This will allow for the ``staggering'' of appointments 
to avoid turnover of the entire Board in any given year. 
Subsection (c)(2) states that a Director who is appointed to 
replace another Director whose term has not expired shall be 
appointed to serve the remainder of that term. Subsection 
(c)(3) provides that the President of the Council will serve as 
a nonvoting Director of the Board.
    Paragraph (d). Qualifications. Subsection (d)(1) provides 
that a demonstrated interest in the mission of the Council or 
expertise in consensus-building shall be considered in making 
appointments to the Board of Directors. Subsection (d)(2) 
precludes any person who is a federal officer or employee or a 
Member of Congress from serving as a Director to avoid the 
potential for conflicts such individuals might have with 
matters that could be addressed by the Council.
    Paragraph (e). Removal From Office. Paragraph (e) provides 
that a Director may be removed at any time by the appointing 
official (or his or her successor in office) or by a process to 
be established in the bylaws of the Council.
    Paragraph (f). Meetings; Notice in Federal Register. 
Paragraph (f) requires the Board to establish bylaws governing 
its meetings. Subsection (f)(1) provides for an initial 
organization meeting to be held within 60 days after the 
appointment of at least one-third of the members to adopt 
interim bylaws and guidelines, which shall be effective only 
until the first board meeting after the appointment of all 
members. The initial meeting may be held only if equal numbers 
of members from each of the two major political parties are 
appointed to the board as of the date of that meeting. 
Subsection (f)(2) mandates that the Council shall meet at least 
semi-annually with a majority of the Directors in office 
constituting a quorum. Subsection (f)(3) requires that all 
governing meetings of the Board be noticed in the Federal 
Register and remain open to the public, subject to narrow 
exceptions relating to personnel issues, litigation and matters 
involving the status of individual Directors.
    Paragraph (g). Compensation. Subsection (g)(1) provides 
that a Director may be compensated at the daily rate payable 
for a position at level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day in 
which the Director is engaged in the performance of duties of 
the Council. Subsection (g)(2) makes clear that a Director may 
be compensated under this paragraph if he or she notifies the 
Board of an election to receive compensation. Subsection (g)(3) 
states that such compensation will be available only for duties 
performed after the date of this notification.
    Paragraph (h). Travel Expenses. Paragraph (h) provides that 
a Director may receive reasonable travel, subsistence, and 
other necessary expenses while away from home or regular place 
of business in the performance of duties for the Board.

Sec. 7. Officers and employees

    Paragraph (a). President of Council. Paragraph (a) requires 
the Board to appoint a President to be the chief executive 
officer of the Council. The President will carry out the 
functions of the Council under the supervision and direction of 
the Board.
    Paragraph (b). Compensation of President of the Council. 
Paragraph (b) provides that the annual rate of pay of the 
President may not exceed the rate payable for a position at 
level II of the Executive Schedule under section 5313 of title 
5, United States Code.
    Paragraph (c). Assignment of Federal Officers or Employees. 
Paragraph (c) permits federal officers or employees to be 
detailed to the Council on a fully reimbursable basis. There 
will be no impact on the federal employment benefits and rights 
of such an officer or employee during the course of the detail.
    Paragraph (d). Personnel. Paragraph (d) authorizes the 
President of the Council to appoint and fix the compensation of 
such additional personnel as is determined necessary, and 
states that neither the President nor any other employees of 
the Council will be employees of the United States.
    Paragraph (e). Compensation for Services or Expenses; 
Prohibition on Loans to Council Directors and Personnel. 
Paragraph (e) prohibits inurement of any Council resources to 
any employee, agent, or member of the Council, either during 
the life of the Council or upon dissolution, and prohibits the 
Council from making loans to such persons.

Sec. 8. Procedures and records

    Paragraph (a). Monitoring and Evaluation of Programs. 
Paragraph (a) directs the Council to monitor and evaluate 
Council programs to ensure compliance with the provisions of 
this Act and all other legal requirements.
    Paragraph (b). Accounts of Receipts and Disbursements; 
Financial Reports. Paragraph (b) requires the Council to keep 
complete records of accounts, with separate and distinct 
accounts of receipts and disbursement of Federal funds, and 
records of the purpose of any donation for which a purpose is 
specified. This paragraph also requires the Council's annual 
financial report to identify the use of all funding and to give 
a clear description of the full financial situation of the 
Council.
    Paragraph (c). Minutes of Proceedings. Paragraph (c) 
requires the Council to keep minutes of the proceedings of the 
Board and of any committees having authority under the Board.
    Paragraph (d). Record and Inspection of Required Items. 
Paragraph (d) delineates some of the specific records that the 
Council must maintain and make available to any Director. 
Subsection (d)(1) specifies that these records include the 
names and addresses of Directors, legal documents pertaining to 
the Council, minutes of proceedings, documents relating to 
applications and proposals or to grants or contracts issued or 
received, and financial records of the Council. Subsection 
(d)(2) provides that any Director or attorney of a Director may 
inspect these records at any reasonable time for any proper 
purpose.
    Paragraph (e). Audits. Paragraph (e) requires that the 
accounts of the Council be audited annually in accordance with 
generally accepted auditing standards by an independent 
certified public accountant or independent licensed public 
accountant. The person(s) conducting the audit must have full 
access to all records and documents necessary to conduct the 
audit.
    Paragraph (f). Annual Report to Congress; Copies for 
Public. Subsection (f)(1) requires the Council to provide an 
annual report to the Congress and the President, within six 
months after the close of the fiscal year. Subsection (f)(2) 
specifies that the report must include a description of the 
Council's activities for the prior year, a copy of the 
independent audit conducted pursuant to paragraph (e), and a 
disclosure statement indicating the source of all funds 
received in the prior year and the purposes for which the funds 
were contributed. Subsection (f)(3) requires that the report be 
made publicly available.
    Paragraph (g). GAO Review. Paragraph (g) requires that the 
annual report submitted to Congress pursuant to paragraph (f) 
be simultaneously submitted to the General Accounting Office 
for its review.

Sec. 9. Prohibition on lobbying activities

    Paragraph (a) provides that the terms ``covered executive 
branch official,'' ``covered legislative branch official,'' 
``client,'' ``lobbying activities,'' and ``lobbying contact'' 
have the meaning given in the Lobbying Disclosure Act of 1995, 
and provides an exemption for communications with covered 
executive and legislative branch officials relating to the 
appropriations for the Council or other legislation directly 
affecting the Council.
    Paragraph (b) prohibits the Council from engaging in 
lobbying activities.

Sec. 10. Funding

    Paragraph (a). Authorization of Appropriations. Paragraph 
(a) authorizes the appropriation of $2 million for FY 2003 and 
such sums as are necessary for FY 2004 through 2008.
    Paragraph (b). Availability. Paragraph (b) provides that 
the funds authorized in paragraph (a) will remain available to 
the Council until they are expended.
    Paragraph (c). Availability of Funds from FY2003. Paragraph 
(c) provides that any funds authorized to be made available 
through the General Services Administration during fiscal year 
2003 for the purposes of this Act shall remain available until 
expended.
    Paragraph (d). Investment of Funds. Paragraph (d) permits 
the funds appropriated under paragraph (a) to be invested only 
in instruments backed by the full faith and credit of the 
United States or in a federally insured financial institution. 
The interest earned on such funds may be used only for the 
purposes provided under this Act.

Sec. 11. Dissolution

    This section provides that upon dissolution or final 
liquidation of the Council, all funds appropriated by the 
United States, including any interest attributable to such 
funds, shall be returned to the United States Treasury. Any 
other funds held by the Council will be handled under the laws 
of the District of Columbia applicable to nonprofit 
corporations.

                  VI. EVALUATION OF REGULATORY IMPACT

    Paragraph 11(b)(1) of rule XXVI of the Standing Rules of 
the Senate requires that each report accompanying a bill 
evaluate ``the regulatory impact which would be incurred in 
carrying out this bill.''
    The enactment of this legislation will not have significant 
regulatory impact.

                         VII. CBO COST ESTIMATE

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 23, 2003.
Hon. Susan M. Collins,
Chairman, Committee on Governmental Affairs,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 908, the United 
States Consensus Council Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

S. 908--United States Consensus Council Act of 2003

    S. 908 would establish the United States Consensus Council, 
consisting of 12 members to be appointed by the President, 
Senate Majority and Minority Leaders, and the Speaker and 
Minority Leader of the House of Representatives. The council 
would provide advice to the Congress on policy issues of 
national importance through a collaborative process. The bill 
would authorize the commission to accept and spend private 
donations and would direct the General Accounting Office to 
review the council's annual report. The bill would authorize 
the appropriation of $2 million in 2003 and such sums as may be 
necessary in subsequent fiscal years to carry out its 
provisions.
    For this estimate, CBO assumes that the bill be enacted 
near the end of fiscal year 2003. CBO estimates that 
implementing the legislation would cost about $2 million 
annually beginning in 2004, assuming appropriation of the 
necessary amounts. The bill would authorize the commission to 
earn interest on unspent appropriated funds and spend that 
amount without further appropriation. CBO estimates that direct 
spending funded by private contributions and interest earnings 
would be insignificant.
    S. 908 contains no intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act and would impose no costs on 
state, local, or tribal governments.
    S. 908 would not allow any business or individual to use 
the term ``United States Consensus Council'' or mark of 
recognition without the consent of the council. If a company or 
individual is found to be using the name currently and the 
council does not grant permission for such usage, then the bill 
would impose a mandate on the private-sector entity. The cost 
of such a mandate would be equal to the fair market value of 
the name. In such an instance, the federal government would be 
required to compensate the owner. A search through the Internet 
and the U.S. Trademark and Patent Office database found no 
other use of that name. Although such a search is not 
exhaustive, CBO expects that the bill would probably not impose 
a private-sector mandate.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Peter H. Fontaine, 
Deputy Assistant Director for Budget Analysis.

                     VIII. CHANGES TO EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that the 
legislation is a free standing bill that will make no changes 
to any existing law.

                                
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