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October 2002 Government Affairs Update

Government Affairs Update - October 2002

 

Congress leaves town for the election break.

Congress recessed until November 12 without passing any appropriations bills and without passing the Department of Homeland Security bill. Congress did, however, pass a continuing resolution before they left which keeps the federal government funded until November 22.

 

Coalition for Outsourcing and Privatization

Recently, Laurence Socci attended a meeting of the Coalition for Outsourcing and Privatization (COP) to discuss issues important to the coalition. At the meeting, the coalition discussed the Treasury/Postal appropriations which contain a TRAC like amendment sponsored by Representative James Moran (D-VA) and Senator Byron Dorgan (D-ND). The coalition also discussed Circular A-76 revisions. The revisions will follow closely the recommendations released this year by the Commercial Activities panel to move to a process based more on the Federal Acquisition Regulation. FAR covers the process used to buy commercial products and services from the private sector. The coalition is preparing some post-election activities and will be writing White Papers on TRAC, A-76 and outsourcing for the incoming 108th Congress.

 

Department of Interior “First Friday” Meetings

Laurence Socci has been attending regular meetings at the Department of Interior and participating in the Department’s First Friday programs. These programs are designed by the Department to allow organizations that have an interest in the business of the Department (like ACSM) to meet some of the key people in the Department on a variety of levels. Last month, Jeff Jarret, the director of surface mining was the speaker. Next month, the speaker will be John Keys, Commissioner of the Bureau of Reclamation.

These meetings give us the opportunity to improve our relationship with the Department.

 

FEMA Flood Map Modernization Coalition

The House Appropriations Subcommittee on VA-HUD marked up their appropriations bill on October 7. The Subcommittee provided $200 million for flood map modernization. It breaks the funds down further saying that $75 million should be used for “basin-wide” analysis and $45 million should be dedicated for use with State and local communities to build on local knowledge capabilities through Cooperating Technical Partnership Agreements. Additionally, $2 million is earmarked for the NY Department of Environmental Conservation for the NY Flood Plain Mapping and $2 million is earmarked to continue the Louisana pilot project for two foot contour mapping. $250,000 is to made available for the Canaan Valley Institute to develop flood plane maps of West Virginia for unmapped areas or to update existing maps. The Committee urged FEMA to partner with the Alabama Department of Revenue to further develop the Alabama state-wide GIS initiative.

 

Department of Homeland Security

Laurence Socci recently attended a luncheon with Mark Holman, Deputy Assistant to the President for Homeland Security. In addition to being one of the principal advisor to Director Tom Ridge, Holman oversees the external affairs team which includes intergovernmental affairs, public liaison, congressional affairs and communications. During the luncheon, Holman discussed the need for remote sensing and geospatial activities in the new Department of Homeland Security. He talked about how combining geospatial digital information tools, including remote sensing and satellite imagery technology, can assist efforts to model threat prevention and response scenarios and build baselines of normal activities and detect deviations from the norm. Holman suggested that we meet with the Office of Management and Budget, in addition to his staff to further discuss how we and our members can play a role in the development of the Department.

 

Department of Homeland Security, Part II --- the Allard Amendment

As you may know from other updates, Senator Wayne Allard introduced an amendment to the Department of Homeland Security Bill, HR 5005, which gives certain duties to the Chief Information Officer relating to GIS matters. The Senate will not be getting back to the Homeland Security debate until late November, Senator Allard will introduce the amendment formally at that time. In the meantime, we need to show Congress that we support the Senator’s amendment. You will receive an e-mail soon with instructions on how we can help push the amendment through. Thanks in advance for your help.

 

 

Pipeline Infrastructure Protection to Enhance Security and Safety Act

A bill recently passed the House and was referred to the Senate, called the Pipeline Infrastructure Protection to Enhance Security and Safety Act. The bill amends federal transportation law to require participation by government operators as well as government and contract excavators for a State one-call notification program to qualify for a federal grant. The bill requires State one-call programs to document benefits of one-call notification programs, costs of implementing them, and certain specified risks of implementing such programs. The bill also directs the Secretary of Transportation to encourage States, operators of one-call programs, excavators, and underground facility operators to abide by the practices outlined in the “Common Ground” best practices report.

 

The bill has several sections that are relevant to ACSM. Section 3 permits states to enforce a requirement of a one-call program if the program meets specified requirements under federal law. The bill adds government employees and contractors among persons required to contact an operator of a pipeline facility prior to engaging in any activity that the Secretary has determined may cause damage to the pipeline. It modifies language to hold individuals responsible for certain damages even if the damage was not caused “knowingly and willfully”.

 

Section 13 requires operators of pipeline facilities to provide to the Secretary certain specified information, including geospatial data appropriate for use in the National Pipeline Mapping System or data that can readily be converted to such data. Requires operators to provide to the Secretary periodic updates of the specified information to reflect changes and other information as required by the Secretary. Permits the Secretary to provide technical assistance to State and local officials to improve local response capabilities for pipeline emergencies by using information in the National Pipeline Mapping System.

 

 

ACSM Sends Comments to HUD Regarding RESPA

In response to a Federal Register posting dealing with the Real Estate Settlement Procedures Act (RESPA), ACSM has sent comments to HUD focusing on the consumer’s need to be educated during the settlement process.

 

The Federal Register posting, entitled “Simplifying and Improving the Process of Obtaining Mortgages to Reduce Settlement Costs to Consumers”, discusses a number options for accomplishing that goal. Among those options is the packaging of a variety of products and services within a Good Faith Estimate (GFE) of total settlement costs.

 

ACSM’s comments state that any efforts to make the settlement process easier and more understandable for the consumer should include full disclosure to the consumer regarding owner’s title insurance and the benefits of a survey. The ACSM comments point out that these two are linked, and that consumers are often confused about what they actually are receiving for their money. Specifically, that the consumer often believes that a survey has been provided when in fact a copy of a previous survey is used, or some other document is used to satisfy the lender’s needs, but that may not be relied upon for the consumer’s needs.

 

ACSM suggests that HUD utilize a form regarding surveys, similar to the one currently included in settlement packages for home inspections. The form would inform the consumer of the benefits provided by a survey, not only for settlement purposes, but also for other purposes after the closing.

 

Laurence Socci is in the process of seeking a meeting with HUD to discuss, and assist with the development, of the proposed form.

 

GOVERNMENT AFFAIRS LINKS AND INFORMATION

 

Federal Government Resources on the Web:

United States Senate - http://www.senate.gov

U.S. House of Representatives (House Web Server) - http://www.house.gov

Status of Legislation (Library of Congress) - http://thomas.loc.gov

Who is my Representative in Congress? - http://www.vote-smart.org

Email Your Member of Congress Today! http://www.MrSmith.com

Official U.S. Executive Branch Web Sites:  http://lcweb.loc.gov/global/executive/fed.html

The White House - http://www.whitehouse.gov

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