May 2006 Government Affairs Update
IN THIS ISSUE …
Orlando Joint Government Affairs
Committee Meeting Recap.
COFPAES Lawsuit Against FAR Council
Republican Small Business Health
Plan Bill Tabled and Yet Another Small Business Health Plan Bill Introduced
Orlando
Joint Government Affairs Committee Meeting Recap.
There were
many issues covered at the JGAC meeting in Orlando recently. Here are the
highlights:
Multi-Year Flood Hazard
Identification Plan.
Commonly
known as the FEMA Flood Map Modernization Plan, we discussed 2 important pieces
of legislation introduced in the Senate and the House, which would make some
much needed improvements to the program. S. 2005, the National Flood Mapping
Act of 2005, was introduced by Senator Jack Reed of Rhode Island. Among other
things, the legislation would reauthorize the Technical Mapping Advisory
Council and direct it to make recommendations to the Director of FEMA with
respect to (1) performance metrics and milestones to effectively and
efficiently map flood risk areas; and (2) procedures for delegating mapping
activities to state and local government mapping partners. ACSM previously had
a seat on the council, until the council was dissolved. We expect to be
represented on the council once it is reauthorized. Additionally, the
legislation requires the Under Secretary of Homeland Security for Emergency
Preparedness and Response, acting through FEMA, to establish a program for
review, updating and maintenance of National Flood Insurance Program rate maps.
Finally, the legislation authorizes $400 million for each of fiscal years 2006
through 2012 for the carrying out of the program.
On the
House side, a related bill numbered H.R. 4973, the Flood Insurance Reform and
Modernization Act of 2006 was introduced. Among other things, this legislation
requires the FEMA Director to establish and report to Congress on a program to:
(1) review, update, and maintain flood insurance program maps; and (2) review
and revise floodplain and flood risk zones. Like the Senate bill, it authorizes
appropriations for FY2007-FY2012 for flood insurance program maps and it
reestablishes the Technical Mapping Advisory Council. Additionally, requires
the FEMA Director to: (1) maintain a national levee inventory; and (2) clarify
the applicability of replacement cost coverage.
The Joint
Government Affairs Committee reviewed both pieces of legislation and is in the
process of proposing language that we feel should be included in the
legislation. We will meet with Congressional staff to discuss the proposed
language.
Federal Prison Industries Reform
We also
discussed the Federal Prison Industries Reform legislation, H.R. 2965. The JGAC
looked at 8 modifications to the legislation being proposed by the Attorney
General. The sponsors of the legislation feel that the proposed modifications
may need to be accepted in order to get the Attorney General’s support for the
legislation. The sponsors of the legislation would also like to hear from
concerned parties regarding the proposed modifications from the Attorney
General, and the FPI Reform legislation itself. Anyone with comments regarding
the proposed modifications or the legislation should send their comments to
Curt or Laurence and we will review them and pass them on the appropriate
parties.
Lobby Day 2006.
We reminded
everyone that Lobby Day will be held on Thursday, September 28 this year, with
a preparation day on Wednesday, the 27th. We are also working on
sponsoring a fundraiser for one of our friends in Congress around Lobby Day as
well.
Small Business Health Plan
Legislation
As many of
you know, the Senate finally appears ready to pass legislation relating to
small business health plans. 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 faces some
opposition from a number of powerful groups, including the AARP, which claims
that the legislation would hurt older workers. During our discussion of the
bill, several attendees pointed that they are also AARP members, and they don’t
feel that the proposed legislation will hurt them. ACSM will send a letter in
support of S. 1955.
S. 1955 is
sponsored and supported primarily by Republicans. Recently, however, Democrats
introduced their own small business health plan legislation. Read about it in
this update.
Surveying and Mapping on the GSA
Schedule
We had a
discussion and looked at some examples of the inclusion of surveying and
mapping services on the GSA Schedule. As you may know, surveying and mapping
services should be procured under the Brooks Act, which requires a
qualifications based selection process. After reviewing surveying and mapping
definitions on the GSA Schedule, it appears that the definitions are somewhat
ambiguous and confusing. It was agreed that we would work with GSA to try to
get a better definition of surveying and mapping on the GSA Schedule.
Compilation
of State Procurement Laws
As a result
of the discussions we’ve had with other members of COFPAES regarding the
application of the Brooks Act to surveying and mapping services, we discussed
the possibility of compiling state procurement laws relating to surveying and
mapping services. The JGAC felt it might be a good idea to have these laws
handy so that we can get to them quickly if needed.
NSPS PAC Auction
We had a
VERY successful PAC Auction this year, raising close to $20,000! Thank you to
everyone who participated your generosity is appreciated.
The full
2006 Government Affairs Semi-Annual Report will be available on the ACSM
website soon.
COFPAES
Lawsuit Against FAR Council
In June
2005 the Management Association for Private Photogrammetric
Surveyors (MAPPS), which is a member of COFPAES, proposed that COFPAES
administratively appeal a FAR Council ruling that stated, among other things,
that certain mapping services could not be procured under the Brooks Act. The
COFPAES delegates, including ACSM’s delegate, agreed
to this proposal unanimously. The appeal was made and COFPAES lost the appeal.
Several members of COFPAES were of the opinion that the delegates voted to file
a lawsuit against the FAR Council in the event the appeal was not successful. ACSM’s delegate reminded the other delegates that the
original proposal was for an appeal, not a lawsuit. The other COFPAES member
organizations felt that COFPAES, as an organization, agreed to the lawsuit.
Because ACSM would not agree to the lawsuit, COFPAES as an organization could
not be a plaintiff in the lawsuit. ACSM did not agree to the lawsuit because it
was felt that it would not be in the best interest to our members who are
either working for or working in the federal government.
Two COFPAES
member organizations, MAPPS and NSPE, eventually filed the lawsuit against the
FAR Council. Attorneys for MAPPS and NSPE felt that the case would be stronger
if COFPAES were named as a plaintiff. John Palatiello,
MAPPS Executive Director and COFPAES Executive Director, spoke before the ACSM
Congress at the Orlando Conference and proposed three questions for the
Congress’ consideration:
(1) Will
ACSM agree with the other member organizations of COFPAES that this serious
problem needs to be addressed and that the motion unanimously adopted by
COFPAES on June 1, 2005 authorizes the naming of COFPAES as a plaintiff in the
litigation against the FAR Council? This
is use of the COFPAES name only and does not name any individual member organization
(unless specifically authorized by a member organization) and does not result
to any financial expenditure or commitment by
COFPAES or
any member organization. The ACSM Congress voted to allow COFPAES to be
named as plaintiff in the lawsuit against the FAR Council.
(2) Will
ACSM agree to be named as a plaintiff in the litigation, with or without
COFPAES being named? The ACSM
Congress voted against ACSM being named as an individual plaintiff in the
lawsuit against the FAR Council.
(3) Will
ACSM agree to help finance the litigation?
The ACSM
Congress voted against ACSM contributing financially to the litigation.
Republican
Small Business Health Plan Bill Tabled and Yet Another Small Business Health
Plan Bill Introduced.
Recently,
the Republican sponsored Small Business Health Plan legislation, S. 1955, was
brought up for consideration before the Senate. Republicans failed to get
enough votes for cloture, which would have stopped all future amendments and
allow the bill to be voted upon. Instead, the bill was tabled to allow for
additional amendments and may be brought up again.
In the
meantime … add another bill to the growing number of Congressional bills
relating to small business health plans. This bill, which is sponsored almost
entirely by Democrats, was introduced as an alternative to the Republican bill,
S. 1955.
The bill is
entitled the Small Employers Health Benefits
Program Act of 2006 (S. 2510). Its purpose is to establish a national
health program administered by the Office of Personnel Management to offer
health benefits plans to individuals who are not Federal employees. It defines
a “small business” as having at least 1, but not more than 100 employees. The
bill authorizes the Office of Personnel Management to manage and facilitate
enrollment in the program. Under the legislation, employers would sign up to
participate and the Office of Personnel Management would enter into contracts
with qualified carriers offering health benefits plans. ACSM is in the process
of reviewing this recent legislation.