April 2007 Government Affairs Update

 

IN THIS ISSUE …

 

1.  FEMA Floodmap Modernization Coalition Update

2.  Legislation Relating to Flood Maps and Elevation Standards Introduced

3.  COFPAES Staff Meets with Staff from House Small Business Committee

4.  3% Withholding Tax Update

5.  Anti Contract Bundling Legislation Passes House Small Business Committee

 

FEMA Floodmap Modernization Coalition Update. The FEMA Floodmap Modernization Coalition met recently with staff from FEMA to discuss progress on the Map Modernization Project. Doug Bellomo, the Acting Division Director of the Risk Analysis Division discussed where FEMA is now on the project, changes that were made based upon previous meeting with the coalition and where the project is going in Phase 2 of the project, which starts in 2009. Bellomo noted that FEMA now recognizes the need for quality over quantity regarding the floodmaps that are being produced. FEMA expects that in FY08, 70% of the population will have digital GIS flood data available online and 50% of the population will have effective maps that meet FEMA’s Floodplain Boundary Standard. FEMA’s “Mid Course Adjustment” was also discussed. These are changes to the Map Modernization Plan that FEMA made as a result of evaluating the progress of the program. At this point, 30% of mapped stream miles have validated, new or updated engineering analysis and 40% of the population is covered by maps with validated, new or updated engineering analysis.

It was announced that the Multi-Year Flood Hazard Identification Plan (MHIP) Version 2.5 was recently introduced. The MHIP (1) describes FEMA’s strategy for updating NFIP flood maps, (2) builds on recommendations from stakeholders, (3) is developed and updated through a collaborative process with local, state and national participants, and (4) contains a schedule for the production of digital flood hazard maps.

FEMA staff also discussed plans for Phase 2 of the project. Under Phase 2, FEMA will implement a strategy to ensure the benefits of Map Mod Phase 1 are sustained. This strategy will include an assessment of the integrity and updating flood hazard data, it will address unmet flood mapping needs and improve quality and precision of flood hazard data, it will increase the quantity of digital flood data and maps to 95% of the nation’s population, it will enhance digital standards and delivery systems to reduce the demand for paper maps and will continue to collaborate with impacted communities, states and capable mapping partners.

 

Legislation Relating to Flood Maps and Elevation Standards Introduced.

The Flood Insurance Reform and Modernization Act of 2007 (H.R. 1682) was recently introduced by Rep. Barney Frank (D-MA) and others. The purpose of the legislation is to restore the financial solvency of the national flood insurance program, and for other purposes. The most relevant section of the legislation is Section 21 which relates to the ongoing modernization of flood maps and elevation standards. Under that section, the FEMA Director shall review, update, and maintain national flood insurance program rate maps to make sure that each map shall include a depiction of—(a) the 500-year floodplain; (b) areas that could be inundated as a result of the failure of a levee, as determined by the Director; and (c) areas that could be inundated as a result of the failure of a dam, as identified under the National Dam Safety Program Act (33 U.S.C. 467 et seq.).

In updating maps under this subsection, the Director may include any relevant information on coastal inundation from an applicable inundation map of the Corps of Engineers; and data of the National Oceanic and Atmospheric Administration relating to storm surge modeling; any relevant information of the Geographical Service on stream flows, watershed characteristics, and topography that is useful in the identification of flood hazard areas, as determined by the Director; and a description of any hazard that might impact flooding.

In updating and maintaining maps under this subsection, the Director shall establish standards to ensure that maps are adequate for flood risk determinations; and

use by State and local governments in managing development to reduce the risk of flooding.

The legislation also reestablishes the Technical Mapping Advisory Council for ongoing mapping programs. The Council will include a representative of the US Army Corp of Engineers, a representative of local or regional flood and stormwater agencies, a representative of state geographic information coordinators and a representative of flood insurance servicing companies. The FEMA Director, or his designee will appoint the members of the Council.

Under this legislation the duties of the Council shall include (1) make recommendations to the Director for improvements to the flood map modernization program under section 1360(k) of the National Flood Insurance Act of 1968 (42 U.S.C. 41010(k)); (2) make recommendations to the Director for maintaining a modernized inventory of flood hazard maps and information; and (3) submit an annual report to the Director that contains a description of the activities and recommendations of the Council.

The legislation authorizes $400,000,000 to be appropriated to the Director to carry out this subsection for each of fiscal years 2008 through 2013.

 

COFPAES Staff Meets with Staff from House Small Business Committee.

COFPAES staff met recently with Melody Reis, Professional Staff for the House Committee on Small Business to introduce COFPAES to her and discuss our issues. Among the issues presented by John Palatiello, COFPAES Administrator, was (1) the ongoing lawsuit against the FAR regarding the definition of mapping and application of the Brooks Act; (2) surveying and mapping services listed on the GSA Schedule; (3) the contract bundling of A/E with non A/E services; (4) core A/E capability in the federal government; (5) offshoring A/E data and services; (6) design-build issues; (7) the conflict between QBS and A-76 and (8) the monitoring and measurement of subcontracting of A/E services. COFPAES expects to have an ongoing discussion the Small Business Committee on all of these issues.

 

3% Withholding Tax Update. The Government Withholding Relief Coalition has been working on educating Members and obtaining cosponsor for the House bill, HR 1023, which is sponsored by Reps. Meek and Herger. There are 29 cosponsors at this point. On the Senate side, Senator Larry Craig reintroduced his tax relief bill, S. 777, the Withholding Tax Relief Act of 2007. We are continuing to work on both of these bills.

 

Anti Contract Bundling Legislation Passes House Small Business Committee

As noted above, one of the issues that COFPAES is working on is the contract bundling of A/E services with non A/E service. Coincidently, the House Small Business Committee recently passed a bill that would make tougher the practice of “contract bundling”. The bill (H.R. 1873) is called the Small Business Fairness in Contracting Act. It reauthorizes the Small Business Administration’s procurement programs and scales back “contract bundling” --- the practice of grouping small business government contracts together and awarding them as one large contract. The bill seeks to increase the number of small business contracts to 30% of all federal contracts, up from the previous goal of 23%.