ACSM Government Affairs Update

June 2007

 

IN THIS ISSUE …

 

1.  ACSM Testifies at Congressional Hearing.

2.  Judge Rules in The COFPAES Case.

3.  Recent Fundraisers.

4.  3% Withholding Tax Issue Update.

5.  H.R. 2067 --- Good Samaritan Protection for A/E Volunteers.

 

ACSM Testifies at Congressional Hearing.

Curt Sumner, ACSM Executive Director, testified before the House Financial Services Subcommittee recently on H.R. 1682 the Flood Insurance Reform and Modernization Act of 2007.

 

Curt spoke of ACSM’s strong support of H.R. 1682 in general, but had some comments and concerns about the sections of the bill relating to flood map modernization. He called for language in the bill that would define updating as more than simply digitizing old outdated maps. He also suggested language in the bill calling for the development of a plan for how and when to produce new geo-referenced maps, using appropriate technological advancements, and setting minimum standards for accuracies as appropriate for the situation.

 

In addition, Curt discussed the need for the reestablishment of the Technical Mapping Advisory Council and voiced ACSM’s concern that the language relating to the TMAC in H.R. 1682 may not provide sufficient authorization to the Council to allow it to function in the same manner as the previous council.

 

Curt’s testimony as an expert witness on behalf of ACSM, shows importance Members of Congress place on the expertise of ACSM and its member organizations

 

An archived webcast of the hearing along with copies of the written testimony of all witnesses can be found at the House Financial Services Committee website at: www.house.gov/apps/list/hearing/financialsvcs_dem/ht2061207.shtml.

 

Judge Rules in The COFPAES Case.

The judge issued a ruling in the COFPAES lawsuit against the FAR Council. The judge dismissed all plaintiffs in the case for lack of standing. He immediately dismissed COFPAES, NSPE and ASCE as plaintiffs because no evidence appeared in the record concerning any injury to any plaintiff other than MAPPS; therefore, the other plaintiffs lacked standing. He eventually dismissed MAPPS as well because none of the evidence presented by MAPPS showed an injury to individuals or MAPPS’ member firms.

MAPPS’ statement on the ruling reads, in part:

 

“However, the Court did reaffirm the fact that where an applicable state licensing law requires performance by a licensed surveyor, a Federal agency must abide by that state law and use QBS on the contract.   This is an important victory with regard to programs like the U.S. Department of Agriculture’s National Agriculture Imagery Program (NAIP).  MAPPS is also heartened by the fact that the court noted, “the record unambiguously reflects that the provision of “mapping” services in the modern marketplace includes a much broader scope of work than the traditional mapping work of land surveyors”.  MAPPS strongly agrees with this statement.  It is the essence of the substance in the case.  Moreover, the Court did not accept the claim of the amicus parties, that only licensed architects, engineers or surveyors would be able to do Federal mapping contract work if the Court ordered QBS. The Court’s ruling reaffirms MAPPS's contention that this was not an issue in the case.”

By dismissing the case on procedural grounds, the court did not make a decision on the merits of the issues presented by the plaintiffs.

 

Recent Fundraisers.

Laurence Socci recently attended 2 fundraisers on behalf of the ACSM/NSPS Political Action Committee. The first fundraiser was on June 19 for Congressman Charlie Dent (R-PA). Congressman Dent previously agreed to sponsor this year’s National Surveyor’s Week resolution in the House. At the fundraiser, he once again pledged his willingness to sponsor the resolution. We are waiting for Congressman Chris Van Hollen (D-MD) (who verbally agreed to co-sponsor the resolution) to formally agree to co-sponsor the resolution.

The second fundraiser was on June 22 for Senator Ted Stevens (R-AK). Laurence Socci and Curt Sumner both attended this fundraiser. After arriving close to an hour late for the event, Senator Stevens answered a few general questions, thanked everyone and told us he had to go. Laurence Socci had an opportunity to speak with one of Senator Stevens’ staff about ACSM’s desire for him to sponsor the Senate version of the National Surveyor’s Week Resolution.

 

3% Withholding Tax Issue Update.

Efforts to repeal the 3% withholding tax on government contracts are moving forward at a quickening pace. A bill sponsored in the House, H.R. 1023 the Withholding Tax Relief Act of 2007 already has close to 160 co-sponsors and a similar bill in the Senate is gaining momentum as well.

A letter from Senators Susan Collins (R-ME) and Norm Coleman (R-MN) to the Chairman and Ranking Member of the Senate Finance Committee urged them to consider an alternative to the withholding tax. The Collins-Coleman letter particularly focuses on the effects the withholding tax is having on small businesses in the construction industry.

 

H.R. 2067 --- Good Samaritan Protection for A/E Volunteers.

Legislation was recently introduced in the House that would give liability protection for A/E volunteers. The Good Samaritan Protection for Construction, Architectural, and Engineering Volunteers Act, H.R. 2067grants construction companies and architectural and engineering firms and their employees immunity from liability for negligence, except for gross negligence or willful misconduct, when providing emergency assistance on a voluntary basis in response to a declared emergency or disaster, in good faith, and without expectation of compensation. ACSM is in the process of working to have surveyors included in the bill.