November 2002 Government Affairs Update
JGAC Fall Meeting
The Joint Government
Affairs Committee meeting took place in Gaithersburg recently, below are some
highlights:
Pilot
Project --- North Carolina Society of Surveyors. NCSS and ACSM are working
with FEMA to develop training and certification guidelines to enable private
surveyors to issue single lot LOMAs acceptable to the agency on an expedited
reviewbasis. 60 surveyors took the first workshop and examination to qualify as
ACSM Certified Floodplain Surveyors. Performance review of this initial group
will determine whether the program will be continued. If the program succeeds,
individual states may need to offer support to become Cooperating Technical
States. On December 10, 2002 an organizational meeting will be held at ACSM
headquarters to discuss the certification program and discuss the formation of
the Board to administer it.
TRAC
like amendments. The Committee discussed the TRAC-like amendments that have
been introduced in the recent appropriations authorization bills. Some of these
amendments, like the Kennedy amendment, we are able to defeat through our
lobbying and grassroots efforts. Others, like the recent Moran amendment, are
not defeated. It was pointed out during the discussion of this topic that 50%
of the federal workforce will be eligible to retire in the next five years,
therefore limiting private contracting seems counterproductive.
USGS
National Map. The National Map Advisory Committee findings are to be
published soon. We will keep a close watch on developments and take advantage
of opportunities for input.
FEMA.
We continue to support Flood Map Modernization funding along with a coalition
of 14 national groups. Unfortunately, funding
--- which was already approved --- is stalled because Congress did not
pass the necessary appropriation bill. A Continuing Resolution was passed until
January 11, 2003. After that, it is unknown what Congress will do as far as the
FY-2003 appropriations are concerned.
ACSM Executive Director Curt Sumner attended a FEMA Task Force meeting
November 13 & 14, at which potential impediments and opportunities related
to the anticipated funding were discussed. A report from that meeting is expected
soon.
The
New MT-EZ form has been issued for removing single lots or structures from
the Special Flood Hazard Area (for use with LOMAs, not LOMRs). A tutorial is
available on the FEMA website. http://www.fema.gov/mit/tsd/dl_mt-ez.htm
Nationwide
Differential GPS. The Dept. of transportation and Federal Railroad
Administration are seeking funding for the NDGPS system. The final network is
to have 74 sites and will cover the continental United States, plus Alaska.
Currently 23 sites are functional, but without funding will be turned off. Curt
Sumner and Laurence Socci recently met with agency representatives to discuss
benefits derived from the implementation of NDGPS. One such benefit is the ability for surveyors to use the system
to perform real-time kinematic surveys without establishing their own base
stations. It seems clear that defining benefits for a broader range of users
will likely be necessary in order to effectively seek the needed funding to
complete the project. A coalition similar to the one formed for flood map
modernization funding will probably be needed.
RESPA
has issued criteria for divulging information in real estate transactions which
includes a cost bundling to make transactions cheaper and faster. The cost of a
survey, if one is done, is included; but buyers are not given the opportunity
to request a survey or choose a surveyor. The Committee agreed that ACSM would
take the position that: (1) buyer protection should not be lost in the push for
cheaper and faster transactions, and (2) HUD should include a survey exception
form, similar to the inspection exception form which informs a buyer of what a
survey is and does, and gives the buyer the opportunity to request or opt out
of a survey. Subsequently to the meeting, Curt Sumner, Laurence Socci and John
Kohl had a meeting with RESPA officials about this subject, more on this later
in the update.
State
Issues. In many states with one callutility location services, the location
contractor is not required for design, only construction. ACSM will support a
nationwide effort to change the practice to include design, approaching the
problem from a risk management standpoint.
Federal Prison Industries
A key
administration official told a House committee November 21 that the
administration supports reforming Federal Prison Industries --- including
eliminating the organizations mandatory source status, which forces federal
civilian agencies to buy FPI products even when a better deal can be found in
the commercial marketplace.
Angela Styles, OFPP Administrator testified before the House Small
Business Committee and said that the across the board prohibition on
competition when doing business with FPI is precisely the type of barrier that
must be removed if federal officials are to have the tools they need to manage
their programs more efficiently.
Representative Pete Hoekstra (R-MI) charged that the administration has
not done enough to slow down FPIs expansion in old and new markets. He
suggested that there should be a time out until the whole question of FPI can
be resolved. Further, he noted, FPI is taking away job opportunities from
American workers and businesses, both large and small. In particular, it
prevents small businesses from accessing the federal marketplace. Rep.
Hoekstras comprehensive FPI reform bill (HR 1577) will be reintroduced and acted on during the 108th
Congress which convenes in January 2003.
OMB Proposing Revisions to Circular A-76
On
November 19, the Office of Management and Budget announced proposed revisions
to OMB Circular A-76, which governs how federal agencies determine whether
their commercial activities will be performed by federal employees or private
sector contractors.
The
proposed changes define a commercial activityas a recurring service that could
be performed by the private sector and is resourced, performed and controlled
by the agency through a contract.Federal agencies would be required to: (1)
presume that all activities are commercial in nature unless an activity is
justified as inherently governmental; (2) use a Federal Acquisition Regulation
based competitive process which would evaluate all offerors simultaneously and
generally would have to be completed in 12 months, or a direct conversion to
determine the providers of commercial activities; (3) ensure post-award
accountability for in-house performance similar to that expected of
contractors; (4) designate a assistant secretary or equivalent with
responsibility for implementing the circular; and (5) centralize oversight
responsibility in one or more offices.
Comments on the controversial proposal which so far is generally
endorsed by contractor groups and denounced by federal employee unions are due
by December 19.
Election Results
As
everyone knows by now, Republicans control the House, Senate and White House.
This means that the Presidents agenda for the next two years should make it
through Congress easily. For us, every candidate we contributed to this year,
except one, won re-election. So we should be able to make headway with some of
our issues too.
Here are the winners in the House:
Connecticut's 5th District.
Republican Rep. Nancy Johnson defeated Democratic Rep. Jim Maloney
Illinois' 19th District. Republican Rep. John
Shimkus defeated Democratic Rep. David Phelps.
Mississippi's 3rd District. Republican
Rep. Chip Pickering defeated Democratic Rep. Ronnie Shows.
Pennsylvania's 17th District.
Democratic Rep. Tim Holden defeated Republican Rep. George Gekas.
Florida's 5th District. Republican state Sen.
Ginny Brown-Waite defeated Democratic incumbent Karen Thurman.
Maryland's 8th District. Democratic state Sen.
Chris Van Hollen defeated Republican incumbent Connie Morella.
Minnesota's 2nd District. 2000 Republican nominee
John Kline defeated Democratic incumbent Bill Luther.
New York's 1st District. Democratic Long Island
University Provost Tim Bishop defeated Republican incumbent Felix Grucci.
Alabama's 1st District. Republican Jo Bonner,
former chief of staff to retiring Republican Rep. Sonny Callahan, defeated
Democratic businesswoman Judy McCain Belk.
Alabama's 3rd District. Republican state House
Minority Leader Mike Rogers defeated 1998 Democratic nominee Joe Turnham.
Alabama's 7th District. 2000 Democratic nominee
Artur Davis faced no major-party opposition in the general election.
Arizona's 1st District. Republican insurance
executive Rick Renzi defeated Democratic businessman George Cordova.
Arizona's 2nd District. Republican former state
Rep. Trent Franks defeated Democratic high school teacher Randy Camacho.
Arizona's 7th District. Democratic former Pima
County Supervisor Raśl Grijalva defeated Republican former Yuma City Councilman
Ross Hieb.
California's 18th District.
Democratic Assemblyman Dennis Cardoza defeated Republican state Sen. Dick
Monteith.
California's 21st District. Republican former state
agriculture official Devin Nunes defeated Democratic technician/broadcaster
David LaPere.
California's 39th District.
Democratic labor lawyer Linda Sanchez defeated Republican investment executive
Tim Escobar
Colorado's 4th District. Republican state Sen.
Marilyn Musgrave defeated Democratic state Senate President Stan Matsunaka
Florida's 13th District. Republican former
Secretary of State Katherine Harris defeated Democratic attorney Jan Schneider.
Florida's 17th District. Democratic state Sen.
Kendrick Meek ran unopposed in the general election.
Florida's 24th District. Republican state House
Speaker Tom Feeney defeated Democratic attorney Harry Jacobs
Florida's 25th District. Republican state Rep.
Mario Diaz-Balart defeated Democratic state Rep. Annie Betancourt.
Georgia's 3rd District. 2000 Democratic nominee
Jim Marshall defeated Republican former Bibb County Commissioner Calder Clay.
Georgia's 4th District. Democratic attorney
Denise Majette defeated Republican homemaker Cynthia Van Auken.
Georgia's 11th District. Republican state Sen.
Phil Gingrey defeated Democratic farmer/businessman Roger Kahn.
Georgia's 12th District. Republican professor Max
Burns defeated Democratic businessman Charles "Champ" Walker.
Georgia's 13th District. Democratic state Sen.
David Scott defeated Republican businessman Clay Cox.
Illinois' 5th District. Democratic former Clinton
adviser Rahm Emanuel defeated Republican investment banker Mark Augusti.
Indiana's 2nd District. 2000 Republican nominee
Chris Chocola defeated Democratic former Rep. Jill Long Thompson.
Iowa's 5th District. Republican state Sen. Steve King
defeated Democratic Council Bluffs Councilor Paul Shomshor.
Maine's 2nd District. Democratic state Senate
President Michael Michaud defeated Republican Kevin Raye, former chief of staff
for Sen. Olympia Snowe (R).
Maryland's 2nd District. Democratic Baltimore
County Executive Dutch Ruppersberger defeated Republican former Rep. Helen
Delich Bentley.
Michigan's 10th District. Republican Secretary of
State Candice Miller defeated Democratic prosecutor Carl Marlinga.
Michigan's 11th District. Republican state Sen.
Thad McCotter defeated Democratic Redford Township Supervisor Kevin Kelley.
Nevada's 3rd District. State senator and 2000
Republican nominee Jon Porter defeated Democratic Clark County Commissioner
Dario Herrera.
New Hampshire's 1st District.
Republican state Rep. Jeb Bradley defeated Democratic state representative and
2000 nominee Martha Fuller Clark.
New Jersey's 5th District. Republican Assemblyman
Scott Garrett defeated Democratic ophthalmologist Anne Sumers.
New Mexico's 2nd District. Republican former state
Rep. Steve Pearce defeated Democratic state Sen. John Arthur Smith.
North Carolina's 1st District. Democratic
state Sen. Frank Ballance defeated Republican security consultant Greg Dority.
North Carolina's 13th District.
Democratic state Sen. Brad Miller defeated Republican 1999 Raleigh mayoral
candidate Carolyn Grant.
Ohio's 3rd District. Republican former Dayton Mayor
Mike Turner defeated Democrat Rick Carne, former chief of staff to Rep. Tony
Hall (D).
Ohio's 17th District. Democratic state Sen. Timothy
Ryan defeated Republican state Rep. Ann Womer Benjamin
Oklahoma's 4th District. Republican political consultant
Tom Cole defeated Democratic former state Senate Majority Leader Darryl
Roberts.
Pennsylvania's 6th District.
Republican state Sen. Jim Gerlach defeated Democratic attorney Dan Wofford.
Pennsylvania's 18th District.
Republican state Sen. Tim Murphy defeated Democratic 2000 nominee Jack Machek.
South Carolina's 3rd District. Republican
state Rep. Gresham Barrett defeated Democratic school guidance counselor George
Brightharp
South Dakota's At-Large District.
Republican Gov. Bill Janklow defeated Democratic attorney Stephanie Herseth.
Tennessee's 4th District. Democratic state Sen.
Lincoln Davis defeated Republican Janice Bowling, former district director for
Rep. Van Hilleary.
Tennessee's 5th District. Democratic former Rep.
Jim Cooper defeated businessman Robert Duvall.
Tennessee's 7th District. Republican state Sen.
Marsha Blackburn defeated Democratic businessman Tim Barron.
Texas' 5th District. Republican businessman Jeb
Hensarling defeated Democratic former city Judge Ron Chapman.
Texas' 25th District. Democratic former city council
member Chris Bell defeated 2000 Republican candidate Tom Reiser.
Texas' 26th District. Republican physician Michael
Burgess defeated Democratic corporate trainer Paul LeBon.
Texas 31st District Republican former Judge John
Carter defeated Democratic computer consultant David Bagley.
Utah's 1st District. Republican former state House
Speaker Rob Bishop defeated Democratic advertising executive Dave Thomas.
In the Senate, the winners are:
Alabama. Incumbent Republican Jeff Sessions defeated
Democratic State Auditor Susan Parker.
Alaska. Incumbent Republican Ted Stevens defeated Democratic
attorney Frank Vondersaar.
Arkansas. Democratic Attorney General Mark
Pryor defeated incumbent Republican Tim Hutchinson.
Colorado. Incumbent Republican Wayne Allard
defeated Democratic attorney Tom Strickland.
Delaware. Incumbent Democrat Joseph Biden
defeated 1996 Republican nominee Ray Clatworthy.
Georgia. Republican Rep. Saxby Chambliss defeated incumbent
Democrat Max Cleland.
Idaho. Incumbent Republican Larry Craig defeated Democratic
former Ambassador to Belgium Alan Blinken.
Illinois. Incumbent Democrat Richard Durbin
defeated Republican state Rep. Jim Durkin.
Iowa. Incumbent Democrat Tom Harkin defeated Republican
Rep. Greg Ganske.
Kansas. Incumbent Republican Pat Roberts faced no
major-party opposition.
Kentucky. Incumbent Republican Mitch
McConnell defeated Democratic education activist Lois Weinberg.
Louisiana. Incumbent Democrat Mary Landrieu
won a plurality of the votes, but fell short of the 50 percent needed to avoid
a Dec. 7 runoff. Landrieu won 46 percent of the vote and will face Republican
state Elections Commissioner Suzanne Haik Terrell, who took second place with
27 percent.
Maine. Incumbent Republican Susan Collins defeated
Democratic former state Senate Majority Leader Chellie Pingree.
Massachusetts. Incumbent Democrat John Kerry
faced no major-party opposition.
Michigan. Incumbent Democrat Carl Levin
defeated state Rep. Andrew Raczkowski (R).
Minnesota. Republican former St. Paul Mayor
Norm Coleman defeated Democratic former Vice President Walter Mondale.
Mississippi. Incumbent Republican Thad
Cochran won re-election with 85 percent of the vote. Democratic former private
investigator Steven Turney withdrew from the race in mid-August, citing poor
health, but his name remained on the ballot.
Missouri. Republican former Rep. Jim Talent
defeated incumbent Democrat Jean Carnahan.
Montana. Incumbent Democrat Max Baucus defeated Republican state
Sen. Mike Taylor.
Nebraska. Incumbent Republican Chuck Hagel
defeated Democratic construction worker Charles Matulka.
New Hampshire. Republican Rep. John E. Sununu
defeated Democratic Gov. Jeanne Shaheen.
New Jersey. Democratic former Sen. Frank Lautenberg
defeated Republican businessman Douglas Forrester.
New Mexico. Incumbent Republican Pete V.
Domenici defeated former Federal Communications Commission Commissioner Gloria
Tristani (D).
North Carolina. Republican nominee Elizabeth
Dole defeated Democratic former Clinton White House Chief of Staff Erskine
Bowles.
Oklahoma. Incumbent Republican James Inhofe
defeated Democratic former Gov. David Walters.
Oregon. Incumbent Republican Gordon Smith defeated
Democratic Secretary of State Bill Bradbury.
Rhode Island. Incumbent Democrat Jack Reed
defeated Republican casino pit boss Bob Tingle.
South Carolina. Republican Rep. Lindsey Graham
defeated Democratic former College of Charleston President Alex Sanders.
South Dakota. Incumbent Democrat Tim Johnson
was named the winner late Wednesday morning, though his margin of victory over
GOP Rep. John Thune was barely 500 votes. That narrow edge triggers an
automatic canvass. Thune has indicated that unless the canvass, which is
expected to take about a week, turns up any irregularities, he does not plan to
ask for a recount.
Tennessee. Republican former Gov. Lamar
Alexander defeated Democratic Rep. Bob Clement.
Texas. Republican Attorney General John Cornyn defeated
Democratic former Dallas Mayor Ron Kirk.
Virginia. Incumbent Republican John Warner
faced no major-party opposition.
West Virginia. Incumbent Democrat Jay
Rockefeller defeated Republican former state Sen. Jay Wolfe.
Wyoming. Incumbent Republican Mike Enzi defeated Democratic
former Lander Mayor Joyce Jansa Corcoran.
If anyone has a personal relationship with any of the new
Members, please let us know so that we can begin working closely with them.
Pipeline Infrastructure Protection to Enhance Security and
Safety Act (H.R. 3609)
As noted in the last update, the bill
passed the House of Representative. On November 13, it passed the Senate by
unanimous consent. There was one amendment to the bill, but it doesnt affect
us. It is expected that President Bush will sign the bill soon.
Hydrographic Services Improvement Act Amendments of 2002
(H.R. 4883)
This
bill passed the House and, on November 20 passed the Senate by unanimous
consent with no amendments. It is expected that President Bush will sign this
bill soon, as well.
The Clean Water Authority Restoration Act of 2002 (S. 2780)
Apparently, this bill will not make it through Congress this term and
will need to be reintroduced next year. We will speak with the sponsors of the
bill to determine what their plans are for the bill in the future.
Senator Wayne Allards GIS Amendment to the Department of
Homeland Security Bill
Although the Department of Homeland Security bill passed both the House
and the Senate, and President Bush signed it into law on November 25, the GIS
Amendment by Senator Wayne Allard did not make it into the passed version of
the bill. After the elections, the House and the Senate struck a deal with the
White House whereby there would be a conference in the House to vote the
amendments already introduced in both the House and the Senate. When they came
up with a final bill, they would give it to the Senate to vote on, but the
Senate would not be able to add any more amendments. The Allard GIS amendment
did not make the cut. According to Lance Landry, Deputy Legislative Assistant
to Senator Allard, the Senator will speak with the members who voted against
the amendment to find out why they voted against it. He will then make a
determination of whether or not to reintroduce the amendment next year. The
amendment would have created an office for a Geographic Information Officer,
the appointment for which ACSM had
hoped to be influential.
In
the meantime, we will look at the amendment ourselves and determine whether we
can find a Member of Congress to introduce the amendment as a stand-alone bill
in the next Congress.
RESPA Meeting
Laurence Socci, Curt Sumner and John Kohl recently met with RESPA
officials, including Kenneth Markison, Assistant General Counsel for HUD, RESPA
division, to discuss the need for buyers to be told of the benefits of getting
a survey and the fact that owners title insurance policies do not cover survey
problems. The RESPA officials were very receptive to our concerns and asked
many questions. It was decided that ACSM will draft language for RESPA to put
in their Homebuyers Booklet which will discuss the benefits of getting a survey
and, RESPA officials will determine whether they have the authority to make a
document, similar to the HUD Home Inspection Form, for home surveys. If they
do, then ACSM will draft language for that document as well. Another topic of
discussion during the meeting involved ACSM developing a series of questions
and answers related to how surveys benefit the homebuyer. The questions would
be placed on the ACSM website, and a link provided to the site in RESPA
documents.
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
Links to State Legislatures:
View the National Council of State Legislatures Web site