March 2006 Government
Affairs Update
IN THIS EDITION
...
1. Small Business Health Plan Moving
Forward in Senate
2. Surface Transportation Board
Filing
3. Victory on a National Park
Service Brooks Act Issue
4. Trig-Star Funding Earmark Battle
5. COFPAES Meeting with OFPP
6. PAC Fundraisers
1. Small Business Health Plan Moving
Forward in Senate. After
several years of failing
to get small business health plan legislation through, the Senate appears ready
to approve legislation that would allow small businesses to give their
employees health insurance at an affordable rate. The Health Insurance
Marketplace Modernization and Affordability Act of 2005 (S. 1955) amends the
Employee Retirement Income Security Act of 1974 (ERISA) to provide for the
establishment and governance of small business health plans, which are group
health plans sponsored by trade, industry, professional, chamber of commerce or
similar business associations that meet ERISA certification requirements. The
bill will allow business and trade associations to band their members together
and offer group health coverage on a national or statewide basis. The legislation,
which is sponsored by Senator Michael Enzi (R-WY), Chairman of the Senate
Health Education, Labor and Pensions Committee, is designed to enhance the
market leverage of small groups as well as individual policyholders.
2. Surface Transportation Board
Filing. ACSM
recently filed comments with the surface Transportation Board regarding an
issue that has long eluded us. As many of you know, several years ago ACSM and
NSPS met with the ICC (now the STB), but didn't get anywhere with our
suggestion that railroad companies be required to leave some type of monumentation behind when abandoning a rail line and
tearing out the tracks. We were able to address that issue once again through
our recently filed comments. We plan to follow-up our comments with a request
for a meeting on the issue.
To view our
comments and those of other interested parties, go to http://www.stb.dot.gov/filings/all.nsf/ByFilingDate?OpenView
and scroll down to 03/06/2006, EP_647_0.
3. Victory on a National Park
Service Brooks Act Issue. ACSM, through COFPAES, was able to persuade the National Park Service
to revise an RFQ for a boundary survey in Arkansas because it violated the
Brooks Act. After being notified by a member that received the RFQ that he felt
the RFQ violated the Brooks Act, ACSM reviewed it and also felt that it violated
the Act. We passed the RFQ on to John Palatiello,
COFPAES administrator, who contacted the NPS contracting officer and laid out
an argument of why the RFQ, as written, violated the Brooks Act. The contracting
officer agreed and promised to withdraw the RFQ and resubmit it in compliance
with the Brooks Act.
4. Trig-Star Funding Earmark Battle.
This year we are
working for Trig-Star funding through a federal earmark from Congress. Unfortunately,
Congress has recently announced that it will allow very little, if any,
appropriations earmarks to go through. We have, however, made requests for
assistance in obtaining funding for Trig-Star to the following Representatives
on the House Appropriations Subcommittee on Education: Ralph Regula, OH (R - Chairman), David R. Obey, WI (D - Ranking
Member), Ernest J. Istook, Jr., OK (R), Steny H.
Hoyer, MD (D), Roger F. Wicker, MS (R), Nita M. Lowey, NY (D), Anne Northup, KY
(R), Rosa L. DeLauro, CT (D), Kay Granger, TX (R), Jesse L. Jackson, Jr., IL
(D), John E. Peterson, PA (R), Patrick J. Kennedy, RI (D), Don Sherwood, PA
(R), Lucille Roybal-Allard, CA (D), Dave Weldon, FL (R), James Walsh, NY (R),
and Michael K. Simpson, ID (R). All of these Members of Congress received a
packet of information about Trig-Star, as well as a request for help in
obtaining funding. We are working on setting up meeting with all of them, but
it would be helpful if they heard from constituents who support the issue. If
any of the above named Members of Congress are your Representative, please give
them a call and ask them to support ACSM's request
for funding for Trig-Star. Thank you.
5. COFPAES Meeting with OFPP.
COFPAES recently met with representatives from the Office of Federal
Procurement Policy (OFPP) to discuss an April 19, 2005 Federal Register Notice,
which said, among
other things, that according to the FAR Council, the
procurement of mapping services by the federal government do not always fall
under the Brooks Act. The FAR Council concluded that contracting officers have
discretion to apply FAR definitions and a legislative 3 part test to decide
whether mapping services require Brooks Act procedures. COFPAES raised four
assertions
in
support of the argument that all mapping services require Brooks Act procedures.
OFPP dismissed all four assertions.
COFPAES
argued that credentialing requirements for mapping services identify those
services as subject to Brooks Act procedures. OFPP argued that as moderators of
the national and state A/E accreditation standards, NCARB and NCEES, guidance
to state licensing boards does not cover mapping services except as associated
with the research, planning, development, design, construction or alteration of
real property.
COFPAES
argued that Brooks Act QBS procedures are necessary to avoid a broad range of
public safety calamities. OFPP argued that the FAR Council recognizes that QBS
is used to avoid public health and safety concerns of A/E services associated
with the research, planning, development, design, construction or alteration of
real property. As related to mapping services, best value Source Selection
procedures and the growing
availability of mapping products address public health and safety concerns. COFPAES
argued that prohibitions exist at the state level on A/E competitive bidding
that requires mapping to be procured using QBS. OFPP argued that the FAR
Council concluded that the law requires QBS on all services "traditionally
understood" to be A/E services and as required by State law. FAR Council
found that only a minority of states require QBS for mapping services, but
found that if State law requires a certain type of mapping be performed by a
licensed A/E firm, then QBS should be used for that type of mapping in that
State. The FAR Council also found no specific public guidance by NCARB or NCEES
addressing fee competition for mapping services.
COFPAES
argued that legislative history clearly supports the application of Brooks Act
to all mapping services. OFPP argued that the FAR Council reviewed all
legislative cites provided by COFPAES and found that the cite refer to
construction or are found in "expired appropriations legislation or report
language." The FAR Council noted a consistent legislative history and line
of GAO decisions interpreting the Brooks Act coverage for mapping performed by
A/E firms associated with the research, planning, development, design,
construction or alteration of real property. It did not see a legislative
mandate or ambiguity with regard to requiring QBS for services not
traditionally understood to be A/E.
6. PAC Fundraisers. Laurence Socci,
ACSM Government Affairs Consultant, recently attended two fundraisers for
Senators on committees that work on issues important to the surveying
community. One of those fundraisers was for Senator John Ensign (R-NV). Senator
Ensign is on the Senate Commerce, Science and Transportation Committee and he
is on the Senate Health, Education and Labor Committee. He will be able to help
ACSM with three important issues: the monumentation
on abandoned railroads issue, the funding for Trig-Star issue and the small
business health plan
issue.
The other
recent fundraiser was for Senator Craig Thomas (R-WY). Senator Thomas is on the
Senate Energy and Natural Resources Committee, among others. This committee has
jurisdiction over many federal mappingissues. Senator
Thomas said that he is looking forward to working with us on these issues.
These
fundraisers are just two examples of the benefits of a strong PAC. It gives us
the opportunity to support our friends in Congress who work to support our
issues. But in order to maintain the strength of our PAC, we need good
participation at our PAC Auction in Orlando. It's not too late to consider
donations. Surveying related items and jewelry are always popular items.
Contact Trish Milburn at ACSM Headquarters to find out how you can donate to the auction. See you at the PAC Auction on Sunday, April 23 at 7:00 p.m.