December 2002 - Government Affairs Update
New Item!!
ExpressMap by
First American Title Insurance Co.
Lately, there has
been increasing dialog among the surveying community regarding a product called
ExpressMap that is being offered by First American Title. The product is being
touted as an alternative to the ALTA/ACSM Land Title Survey. It appears that
the basic premise is, in selected instances, title insurance underwriters do
not need an ALTA/ACSM survey in order to make decisions regarding survey matters.
ACSM has reviewed
the promotional materials found at http://www.fatcoboundaries.com,
and has compiled comments and questions regarding ExpressMap that it intends to
send to First American. The state surveying societies have been notified of
this, and will receive a copy of the correspondence when it is completed.
Government Affairs
Update readers are encouraged to review the promotional materials for
ExpressMap and contact Curt Sumner csumner@acsm.net
at ACSM headquarters with their comments.
2003 in Review
As 2002 winds down,
and 2003 starts, we should take this opportunity to review the issues we dealt
with this year, and take a look in the crystal ball to see what 2003 holds.
Federal Prison
Industries Competition in Contracting Act of 2001 (H.R. 1577). We worked with a coalition of other
business organizations to fight for legislation that would prevent FPI from
having easier access to agency contracts. Back in May, the bill made it out of
the House Judiciary Committee with no damaging amendments. The bill worked its
way through the process and was placed on the House calendar for debate, but it
never made it to the House floor for full debate. The bill will probably be
reintroduced in some form in the 108th Congress;
Truthfullness,
Responsibility and Accountability in Contracting Act (TRAC). The TRAC bill (and similar TRAC like
legislation) would suspend the award of new service contracts until a system is
established to track outsourcing costs. We have been working with the Coalition
for Outsourcing and Privatization to fight this type of legislation.
Fortunately, we have a strong ally in Representative Tom Davis (R-VA) who has
vowed to continually fight TRAC legislation. Also, the Bush Administration
opposes any type of TRAC legislation and has said the federal agencies will
open a larger percentage of their contracts to competition in 2003 than they
did in 2002. We expect that TRAC like legislation will continue to sprout up in
the next Congress, and we will continue to fight it.
Services
Acquisition Reform Act (SARA). This bill was introduced by Representative Davis earlier this year. It
would have required the administrator of the Office of Federal Procurement
Policy to develop and implement a plan to assure that the federal government
maintains a core in-house architectural and engineering capability to determine
each agencys need for services. It also would have required that A/E services
(including surveying and mapping services) be done by or performed under the
supervision of a professional.
The bill would also
have added the terms surveying and mapping to the existing Federal Property and
Administrative Services Act. The bill defined surveying and mapping as the
collecting, storing, retrieving, or disseminating of graphical or digital data
depicting natural or manmade physical features, phenomena, or boundaries of the
earth and any information related thereto, including but not limited to surveys,
maps, charts, geographic information systems, remote sensing data and images,
and aerial photographic services performed by professionals such as surveyors,
photogrammetrists, hydrographers, geodesists, or cartographers.
The bill did not get
passed this year, however, Representative Davis has said that he will
reintroduce it next year and it will be a high priority for him to get it
passed in the 108th Congress.
Contractor
Responsibility Act (Blacklisting Bill). This bill was introduced by
Representative Albert Wynn (D-MD). It would have required a business to have a satisfactory record of
integrity and business ethicsin order to be eligible to receive federal
contracts. Compliance with tax, labor, civil rights, antitrust, and consumer
protection laws must be shown before a business could be awarded a contract.
The Bush administration opposed the bill, as did ACSM, and the bill did not
pass. It is likely that the bill will be reintroduced early in the 108th
Congress. We will once again work to oppose the legislation.
Ultra Wideband
Legislation. We have been
watching the progress of this legislation throughout last year; it is expected
that ultra wideband legislation will be back in the 108th Congress as well.
Last year, the FCC issued an order permitting a limited deployment of UWB
technology. The ruling stated that the FCC will conduct tests of UWB technology
for 6-12 months, under “real world” conditions to determine whether UWB creates
harmful interference in the restricted bands.
UWB devices operate by
employing a very narrow or short duration pulses that result in very large or
wideband transmission bandwidths. There was a concern, among coalition members,
that UWBs will interfere with signals used in their line of work. ACSM is
concerned that UWBs will interfere with signals used in GPS work. Particularly,
we are concerned that UWBs will affect satellite transmissions if allowed to be
used in the band of the spectrum where that communication occurs.
In mid 2003, we
expect Congress to take up this issue again. This time, however, the FCC will
have more information on the ways UWBs interfere with transmissions and we will
be better able to monitor where this issue is going.
Pipeline
Infrastructure Protection to Enhance Security and Safety Act. The
bills title was changed to the Pipeline Safety Improvement Act of 2002. It
passed Congress and was signed into law by President Bush on December 17. The
new law has several sections that are relevant to ACSM and our members. Section
3 permits states to enforce a requirement of a one-call program if the program
meets specified requirements under federal law. The law 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.
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 information that can readily be converted to such
data.
We expect that
legislation may be introduced in the 108th Congress to amend the law in some
way. We will continue to monitor Congress for any legislation related to this
law.
FEMA Flood Map
Modernization. ACSM has
been working with a coalition of other concerned organizations and with FEMA to
secure federal funding for the modernization of flood maps throughout the
United States. The Bush administration authorized $300 million for the project
in the FY 2003 budget. The Senate approved the full $300 million while the
House approved $200 million. Unfortunately, Congress only passed 2 of the 13
appropriations bills for FY 2003, and the flood map modernization money did not
make the cut. On December 12, Laurence Socci, ACSMs government affairs
consultant participated in a conference call with FEM and the rest of the
coalition to discuss the status of the funding. The final figure for the
funding should be somewhere between the two figures, but it may be closer to
the $200 million range. FEMA said that Congress has told them that this project
is high priorityfor them, and Congress will work on it soon after it returns in
January.
ACSM will continue
to monitor the progress of this issue. We expect to meet with coalition members
in early January to discuss strategy.
Hydrographic
Services Improvement Act Amendments of 2002. This bill, which passed Congress and was signed into law by President
Bush, will direct the Administrator of the National Oceanic and Atmospheric
Administration to design, install, maintain and operate real time hydrographic
monitoring systems to enhance navigation safety and efficiency. It also
requires the Administrator, subject to availability of appropriations, to
develop and implement a quality assurance program under which hydrographic
products may be certified.
We expect that
legislation may be introduced in the 108th Congress to amend the law in some
way. We will continue to monitor Congress for any legislation related to this
law.
NDGPS Funding. One of the issues ACSM has been working on
this year was funding for Nationwide Differential GPS (NDGPS). We met with
people from the Department of Transportation and the Federal Rail
Administration who are interested in receiving 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 throughout the U.S. but
without additional funding, those sites will be turned off.
ACSM will continue
to monitor this issue. We expect, however, that it may take a coalition of
other affected businesses and organizations like ours to get the necessary
funding.
Allard Amendment
to Department of Homeland Security Bill. As noted in the last update, the GIS amendment introduced by Senator
Wayne Allard (R-CO) to the Department of Homeland Security bill was not placed
in the final version of the bill. Senator Allard believed that the amendment
had strong support in the Senate, but politics kept the amendment out of the
bill.
We have a few
options that we can use to get the contents of the amendment reintroduced in
some form. When Congress gets back in session, we will meet with Senator Allard
to determine whether he will introduce legislation similar to the amendment.
National Map. Curt Sumner, on behalf of ACSM and its
members, attended a workshop on The National Map conducted by the National
Academies on behalf of USGS on September 25 and 26. The purpose of the workshop
was to obtain input from a wide cross section of those who are likely to be
affected by the implementation of the National Map. Topics discussed included:
1) the proposed data characteristics (and recommended methods for providing
consistent data for those characteristics) over areas of arbitrary geographic
size or shape from multiple data holdings whose characteristics will vary among
sources; 2) the means described in existing USGS documents to encourage
widespread use of the National Map through low-cost data in the public domain,
and still encourage participation in data maintenance by public, private, and
non-profit organizations; 3) the roles described for the USGS and partners,
including volunteers, to undertake the National Map project.
Of greatest concern
to ACSM and its members are the questions of positional accuracy; such as, what
are the variables, a consistent spatial reference framework to be used for
input from all sources, and what standards are to be followed. Additionally, we
are concerned with how the metadata will be utilized, and how will its meaning
be explained to the general public to which the National Map information will
be disseminated.
We will continue to
monitor the progress of the National Map next year and we look forward to
bringing the input of our members to any future workshops.
Coalition for
Outsourcing and Privatization.
ACSM has continued to work with the Coalition for Outsourcing and Privitization
on matters relating to outsourcing and procurement. COP has been our chief ally
in our battles against TRAC like legislation. By continuing to work in this
coalition, we are giving our members a strong voice in the outsourcing and
procurement debates. Additionally, we use our ties to COP, and our memberships
in the rest of the coalitions, to build relationships with Members of Congress.
We look forward to the 108th Congress to continue our fight on these issues.
RESPA. As noted in an earlier update, 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.
Curt Sumner drafted
the language for the Homebuyers Booklet and the proposed form. ACSM submitted
the language for RESPA approval and, in January we will follow-up with RESPA on
the status of the language.
COFPAES. COFPAES had its Fall meeting in November
and it was ACSMs turn to move up. Tommy Brooks became the new Chairman, John
Matonich moved up to Delegate and Laurence Socci became the Secretary. COFPAES
is in the process of setting up its own web page and is working to bring in
company members. If any members are interested in joining COFPAES, we would be
happy to forward to you a brochure with all of the necessary information.
ACSM PAC. Because of the great success we had in the
PAC auction last year (we raised over $8,000), it was decided that we should
have an auction as our PAC fundraiser this year in our Spring conference in
Phoenix. Please think about any donations you would like to make. The support
of our members is what makes the PAC a success. In the 2002 election cycle, we
gave to several key Members of Congress; all but one of the Members we donated
to were re-elected. Thank you for your support in the past, and thank you for
your support in the future.
GIS CERTIFICATION
BY URISA. GIS Certification
by URISA is now in its "pilot" stage prior to implemention, and the
integation of GIS operations and survey operations appears to be inevitable.
With these thoughts in mind, it may be worthwhile for UPDATE readers to take advantage
of a FREE on-line seminar that is scheduled to be presented three separate
times on January 16 (12PM, 2PM, and 7PM Eastern). The seminar is an
introduction to a new GIS tool known as Survey Analyst. Knowledge about this
tool can help UPDATE readers better understand what is on the horizon regarding
how survey data will be used, and by whom.
Information about the free seminar can be found at: http://campus.ersi.com/campus/seminars The instructor will
be Mike Weir.
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