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By
Turner D. Madden, Esquire
Happy New Year! Here is an update on our recent
activities in Washington, D.C. We continue to work with the United States
Congress, federal agencies, departments and partner with associations and
coalitions to achieve our objectives. With the new administration coming
into Washington, we of course expect many changes in personnel, policy and
process. In fact, now is a great time to introduce or reintroduce your
organization to your congressional delegation from your state. As we go
forward with a new administration, we can never have too many supporters in
Washington, D.C. that understand how our business works. If you need more
information or if you would just like to comment on any of the below issues,
please contact me. Currently, we are monitoring or working on the following
issues:
Travel Promotion Act of 2007, S. 1661, H.R. 3232. The
IAAM Board of Directors accepted the Industry Affairs Council’s
recommendation to support the Travel Promotion Act of 2007. The bill, if
enacted, will increase travel and tourism in the United States. Even though
the Travel Promotion Act was passed by the House of Representatives on
September 28, 2008, the bill was not passed by the U.S. Senate, which, as
you know, had its hands full with the attempted “stabilization” of the
financial and auto industries. It does not appear the Senate will move on
the bill this session. The bill will have to be reintroduced in the next
Congressional Session after January 20, 2009. The focus of the bill is
mainly on leisure tourism and not business travel. The cur-rent bill does
not include as one of the 15 Board members someone with expertise in
international conventions. A person with international convention expertise
will help guide the Board with more international business and convention
travel. We would like Congress to consider attracting international
conventions to the United States as a method to increase travel and tourism.
National Infrastructure Bank Act, Senate Bill S.1926.
Over the past six months, we have heard President Obama cite this bill and
the concept of the bill numerous times. The National Infrastructure Bank
will be a federal, U.S. Government owned bank that lends money to assist
state and local governments to build, rebuild and improve infrastructure in
the United States. Currently, the bill would allow a state or local
government entity to borrow money from the NIB. There is also a provision
that allows the state and local government to partner with the private
sector to borrow money from the NIB. The bill is intended to improve the
nation’s infrastructure by building new highways, bridges, transit systems,
water systems, government buildings, housing, etc. This bill will also have
to be reintroduced in the next Congressional Session. We would like Congress
and the new administration to consider “public assembly facilities” as part
of the state and local definition of “infrastructure” in the United States.
Status of New DOJ ADA Accessibility Guidelines (“ADAAG”).
Even though Attorney General Michael B. Mukasey signed proposed regulations
to revise the DOJ’s ADA regulations, including its ADA Standards for
Accessible Design, the Office of Management and Budget (“OMB”) has not
published the final rules in the Federal Register. IAAM and many IAAM
members filed extensive comments to the DOJ’s proposed ADA regulations. As
you may remember, Mr. John Wodatch, Chief of the DOJ Disability Rights
Section, was a speaker at the IAAM Annual Conference in Anaheim, CA and
explained the proposed regulations. As I understand from sources in the
government, OMB received the proposed DOJ regulations at the end of October,
which included many of our suggested changes, but has not published them.
Therefore, if the new administration desires to change the regulations, we
will have to start from the beginning in the rule making process. There is
one good thing and that is President Obama has named Eric Holder as the new
Attorney General of the United States. If Mr. Holder is confirmed by the
Senate, he has a good relationship and has worked closely with Mr. John
Wodatch during the Clinton administration when Mr. Holder was the Deputy
Attorney General for Janet Reno. Please see the IAAM website for copies of
IAAM’s ADA comments to the DOJ.
FCC and “White Spaces.” Contrary to our lobbying efforts, the Federal
Communications Commission (“ FCC”) voted November 4, 2008 to open the “white
spaces” to Microsoft, Google, Motorola and oth er
companies. Along with IAAM, the Broadcasting Companies, major television
networks, Broadway producers, Shubert Organization, sports leagues including
the NFL, and Las Vegas casinos opposed the move by the FCC. On behalf of
IAAM, we met with several senior level staff members at the FCC. Most of the
FCC Commissioners stated that the FCC would attempt to mitigate any
interference with wireless microphones through tight regulation of new
devices. Senator Hillary Clinton voiced her opinion against the FCC making
this move and in January of 2009, we may see a bill in Congress that changes
the FCC decision. We plan to meet with the House Committee staff and the
Senate staff to see what we can do to help the industry on this issue. The
FCC issued a press release after the hearing stating that the FCC will
create a Federal Data Base and Registry so that users of wireless
microphones could register their equipment with the FCC. The FCC claims the
Registry will lessen any interference by new devices. We will inform you
when the Registry becomes operational.
U.S. Dept. of Homeland Security, Voluntary Private
Sector Preparedness Standards. The Voluntary Private Sector Preparedness
Program is mandated by Title IX of the “Implementing the Recommendations of
the 9/11 Commission Act of 2007.” The regulations administered by U.S.
Department of Homeland Security (“DHS”) will encourage every business to
have a voluntary preparedness plan that includes a disaster management,
emergency management and business continuity plan. We have met with the DHS
personnel who are responsible for this program and discussed the content and
the process of the program. DHS is currently planning to meet with our
industry to discuss existing “best practices” and possible “standards.” DHS
also believes that the timetable for these regulations will be pushed back
until the new Secretary of Homeland Security, (if approved, Arizona Governor
Janet Napolitano) gets a chance to understand the program.
DHS and The Partnership for Critical Infrastructure
Security. In order to help the federal government, the states and private
organizations better prepare for a major terrorist attack or natural
disaster, DHS created a framework for the private sector to communicate and
share information with the government. On behalf of IAAM, I participate in
the Partnership for Critical Infrastructure Security (“ PCIS”), which
consists of two representatives from each of the 18 private sector
industries. Each of the 18 sectors has many subsector councils; for example,
the Commercial Facilities sector has eight subsector councils including
Public Assembly Facilities, Sports Leagues and Amusement Facilities. PCIS,
which is an umbrella group for all 18 Sectors, continues to meet and go
forward with specific objectives. We are working with the new DHS Transition
Team to express the need to cooperate successfully on a full-range of
security issues relevant to critical infrastructure protection. The 18
sectors in the US include: Agriculture and food; Banking and finance;
Chemicals; Commercial Facilities; Commercial nuclear reactors, including
materials and waste; Dams; Defense industrial base; Drinking water and water
treatment systems; Emergency services; Energy-related
resources; Government facilities; Information technology; National monuments
and icons; Postal and shipping; Public health and health care;
Telecommunications; Transportation systems including mass transit, aviation,
maritime, ground or surface, rail and pipeline systems and Manufacturing.
Secretary of Labor v. Atlanta Ballet. Over the past few
months, we have been working with the Atlanta Ballet’s litigation attorney
to assist the Ballet with this case. The case involved a severe fall into
the Fox Theatre orchestra pit by one of the Ballet performers. IAAM made a
Motion to Intervene and filed a brief in support of the Motion. There was a
short telephone hearing about the Motion to Intervene in the case. We also
participated in the deposition of OHSA’s expert in the case. OSHA’s expert
admitted that the Ballet, as the employer and not the venue, could not
install permanent safe guards in the performing arts center. OSHA’s expert
did admit that a guard rail was not the appropriate remedy in this case but
that “equivalent” measures such as netting, edge lights, etc. should be used
in the future. As of December 23, 2008, IAAM was informed that OSHA has
withdrawn the case against the Atlanta Ballet.
Feldman v. Pro Football, Inc. Ms. Feldman sued the
Washington Redskins and claimed the ADA requires sporting events to close
caption announcements and music at the games. The Federal District Court in
Maryland ruled in favor of Ms. Feldman on most of her issues. Because the
Court still has issues to resolve, the Court’s decision is not yet final and
appealable to the U.S. Court of Appeals for the D.C. Circuit. When the case
is final, as I understand it, several entities plan to appeal the decision.
Please refer to the IAAM website for copies of IAAM’s comments to the DOJ on
this subject.
In closing, each time we have a change of
administrations we have to reach out and educate Congress, the new
administration and the approximately 3,500 new senior level federal
personnel starting their new jobs in federal agencies. By the time we get to
know and have a good rapport with almost ev¬eryone that may affect our
industry, the process starts all over
again.
fm
Mr. Turner
Madden serves as the outside General Counsel for IAAM. If you have any
questions or comments, you may contact Mr. Madden at Madden & Patton, LLC
1701 Pennsylvania Ave., NW, Suite 300, Washington, D.C. 20006, telephone
(202) 349-2050 or e-mail tdmadden@verizon.net.
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