ACSM.NET - Government Affairs Update

March 2007 Government Affairs Update

IN THIS ISSUE Е

1.аааааааа FEMA Flood Map Modernization News.

2.аааааааа JGAC Meeting in St. Louis

3.аааааааа House of Representatives Passes Accountability in Contracting Act

4.аааааааа Recent Fundraisers

FEMA Flood Map Modernization News.

In accordance with Part 67 of the National Flood Insurance Program (NFIP) regulations, the Department of Homeland Security's Federal Emergency Management Agency (FEMA) publishes a notice to all citizens when a new or revised Flood Insurance Rate Map (FIRM) is prepared and FEMA proposes new or modified Base Flood Elevations (BFEs) for a community on that FIRM, including revisions that are effected by Letter of Map Revision (LOMR).

This notice describes the proposed changes and lists the existing BFEs, proposed BFEs, and/or proposed modified BFEs for a community.а The notice is published twice within a 10-day period in the community's local newspaper, and the statutorily required 90-day appeal period begins on the date of the second publication in the newspaper.а Because these notifications can be lengthy, depending on the number of flooding sources for which FEMA is proposing new or modified BFEs, FEMA expends a significant amount of money each year to publish these notices in local newspapers.

To make publication of these notifications more cost effective while making the notifications even more readily accessible to citizens, FEMA will begin publishing BFE notices on its Website for all appeal periods starting after April 1, 2007.а FEMA will continue to publish a standard legal notice in the local newspaper without the BFE information included; the notice will direct interested citizens to the location on the FEMA Flood Hazard Mapping Website where the BFE information will be posted

(http://www.fema.gov/plan/prevent/fhm/bfe).а Interested citizens can also obtain a copy of the BFE information for their community by calling the FEMA Map Assistance Center, toll free, at 1-877-FEMA MAP (1-877-336-2627).

To assure the widest possible distribution of this procedural change, FEMA is distributing notifications of the change with correspondence that is sent to community officials and requesting that those officials inform their citizens about the change.

JGAC Meeting in St. Louis

The Joint Government Affairs Committee had its semi-annual meeting recently as part of the ACSM Conference in St. Louis on March 9. The Committee discussed many government affairs issues in the new Congress that will be affecting ACSM members. Among those issues are: the new FEMA Multi-Year Flood Hazard Identification Plan, which can be found at http://www.fema.gov/plan/prevent/fm/mh_main.shtm; COFPAES news; a new National SurveyorТs Week Resolution; Association and Small Business Health Plans; proposed legislation regarding abandoned railroad monumentation; the 3% withholding of payments on government contracts issue; federal agency budget cuts and the tax gap issue which may affect all small businesses. Be sure to look for more information on these and other issues in upcoming government affairs updates and look for the entire JGAC Semi-Annual Report on the ACSM website soon.

House of Representatives Passes the Accountability in Contracting Act

On March 15, 2007, the House passed H.R. 1362, the УAccountability in Contracting Act," by a vote of 347-73. The legislation, reported by the Oversight and Armed Services Committees, changes federal acquisition law to require agencies to limit the use of abuse-prone contracts, to increase transparency and accountability in federal contracting, and to protect the integrity of the acquisition workforce.

Limiting the Length of Noncompetitive Contracts

The Administration has justified the award of lucrative no-bid contracts by citing urgent and compelling needs. But these contracts have continued years after the emergency has passed. Section 101 limits the duration of no-bid contracts awarded in emergencies to one year.

Minimizing No-Bid Contracts

Spending on no-bid contracts has more than doubled under the Bush Administration. Section 102 curbs this practice by requiring large federal agencies to develop and implement a plan to promote competition and minimize the use of noncompetitive contracts.

Minimizing Cost-Plus Contracts

Fixed price type contracts provide the taxpayer the best value for the least risk in procuring items whose costs are well understood. Cost-plus contracts, the other main type of contract, leave the government vulnerable to wasteful spending since they provide the contractor with little or no incentive to control costs. Section 103 requires large federal agencies to develop and implement a plan to maximize the use of the efficient fixed-price contracts.

Public Disclosure of Justifications for No-Bid Contracts

When an agency awards a no-bid contract, it must prepare a Уjustification and approvalФ document that explains why the agency did not require full and open competition. Section 201 requires agencies to make these Уjustification and approvalФ documents public within 14 days for most contracts, and 30 days for certain expedited contracts.

Disclosing Contractor Overcharges

The Bush Administration has hidden contractor overcharges from Congress, international auditors, and the public, impeding oversight and diminishing accountability. Section 202 promotes transparency in federal contracting by requiring that contract overcharges in excess of $10 million be disclosed to Congress.

Funding Contract Oversight

Section 301 clarifies the ban on former federal procurement officers receiving compensation from government contractors to include lawyers and lobbyists, prohibits contracting officials from negotiating employment for their relatives, and establishes a one year cooling off period before procurement officials can award contracts involving a former employer.

Closing the Revolving Door

Section 301 increases from one to two years the amount of time contracting officials are barred from taking jobs with firms they have supervised as a government employee. It also extends the ban to lobbying and consulting for government contractors, prohibits contracting officials from negotiating employment for their relatives, and establishes a two-year cooling off period before procurement officials can award or oversee contracts involving a former employer.

Recent Fundraisers

Laurence Socci recently attended two fundraisers on behalf of the Political Action Committee (PAC). The first fundraiser was on March 20 and was for Rep. Chris Van Hollen (D-MD). ACSMТs headquarters is located in Congressman Van HollenТs district. He co-sponsored the House National SurveyorТs Week Resolution last year and has contacted ACSM regarding the process for getting federal funding for the Trig-Star program. Congressman Van Hollen mentioned that he was happy to co-sponsor the SurveyorТs Week resolution last year and would co-sponsor it again this year. He also said he would sponsor it if needed. We expect to work with Congressman Van Hollen on a number of our issues.

The second fundraiser was on March 21 and was for Senator John McCain. As you may know, Senator McCain is running for the Republican nomination for President in 2008. Senator McCain is on the Commerce, Science and Transportation Committee in the Senate, which will be working on a number of issues important to ACSM. He mentioned that we should contact his office to discuss our issues that he can help us with.