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Presentation to the Department of Labor The Geospatial Profession: An ArchitectureEngineering Discip

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Title: Presentation to the Department of Labor The Geospatial Profession: An ArchitectureEngineering Discip


1
Presentation to theDepartment of LaborThe
Geospatial ProfessionAn Architecture-Engineerin
g Discipline
2
Geospatial
  • Geospatial technologies and services are part of
    a profession, not an industry, long classified in
    the marketplace and the Federal Government as a
    discipline in Architecture-Engineering, not
    Information Technology

3
Defense Authorization Act for FY04Public Law
108-136
  • "The term geospatial intelligence' means the
    exploitation and analysis of imagery and
    geospatial information to describe, assess, and
    visually depict physical features and
    geographically referenced activities on the
    earth. Geospatial intelligence consists of
    imagery, imagery intelligence, and geospatial
    information."

4
NGA Definition
  • Geospatial Analyst
  • a skilled analyst who uses knowledge of
    cartography, geodesy, geography, mathematics,
    photogrammetry, remote sensing, and advanced GIS
    technologies to locate, identify, and convey the
    'what' and 'where' about any object -- natural or
    man-made that can be referenced to a specific
    location on the earth.

5
E-Government Act of 2002, Public Law 107-347 (44
USC 101 note)
  • Definition.--In this section, the term
    geographic information' means information
    systems that involve locational data, such as
    maps or other geospatial information resources.

6
FGDC Framework Data Themes for National Spatial
Data Infrastructure
  • Digital Orthoimagery
  • Cadastral Data
  • Geodetic Control
  • Elevation
  • Hydrography
  • Transportation
  • Government Units
  • Defined by State of North Carolina as the
    practice of Surveying, requiring performance by a
    licensed professional Surveyor

7
OPM Classification
  • Federal Government does not classify its
    geospatial workers as Information Technology (GS
    2200 series) for position classifications.
  • Position Classification Standard for Professional
    Work in the Physical Sciences Group, GS-1300
  • Cartography Series, GS 1370
  • Geodesy Series, GS 1372
  • Land Surveying Series, GS 1373
  • Engineering Group-Criteria for Classification of
    Positions as Professional Engineers, GS-800
  • Surveying Technician Series, GS 817
  • There is no discussion of geospatial knowledge,
    education or experience in the Information
    Technology Group Series, GS 2200

8
OPM Classification
  • BLM/USACE Sample Position Classification for GIS
    Specialist is GS-301, not IT 2200
  • BLM Instruction Memorandum HR 2002-006 concludes
    Geospatial employees should not be classified as
    IT 2200
  • OPM Classification Appeal Decision C-0335-07-04
    finds Forest Service GIS Specialist does not
    qualify for IT 2200 classification

9
Labor Classification
  • The Department of Labors own Occupational
    Outlook Handbook, published by the Bureau of
    Labor Statistics,
  • www.bls.gov/oco/ocos040.htm
  • describes the geospatial community, and
    employment in the field, in a manner consistent
    with the description suggested by MAPPS, not as
    IT described in the High Growth Job Training
    Initiative literature.

10
NAICS
  • For a variety of government data collection and
    classification purposes, geospatial activities
    are part of NAICS code 541370 Surveying and
    Mapping (except Geophysical) Services, which
    falls under NAICS 5413 - Architecture,
    Engineering, and Related Services, not Sector 51
    Information nor NAICS 541512 Computer Systems
    Design Services, the classification for
    Information Technology.

11
Academic Accreditation
  • Program criteria for Surveying/Geomatics
    Engineering Technology and similarly named
    programs for university accreditation requires
    coursework and skill development in GIS
  • Criteria for Accrediting Engineering Technology
    Programs, Accreditation Board for Engineering
    Technology (ABET) www.abet.org

12
Tax Implications
  • 1986 Tax Reform Act preserved ability of certain
    personal service corporations to use cash based
    accounting.
  • 26 CFR 1.448-1T - A Corporation meets the
    function if substantially all the corporations
    activities for a taxable year involve the
    performance of services in one of more of the
    following fields --
  • (A) Health,
  • (B) Law,
  • (C) Engineering (including surveying and
    mapping),
  • (D) Architecture,
  • (E) Accounting,
  • (F) Actuarial science,
  • (G) Performing arts, or
  • (H) Consulting.

13
Federal Procurement
  • The law governing Federal contracts for these
    services (40 U.S.C. 1101 (3) provides, The term
    architectural and engineering services means
  • (A) professional services of an architectural or
    engineering nature, as defined by State law, if
    applicable, which are required to be performed or
    approved by a person licensed, registered, or
    certified to provide such services as described
    in this paragraph
  • (B) professional services of an architectural or
    engineering nature performed by contract that are
    associated with research, planning, development,
    design, construction, alteration, or repair of
    real property and
  • (C) such other professional services of an
    architectural or engineering nature, or
    incidental services, which members of the
    architectural and engineering professions (and
    individuals in their employ) may logically or
    justifiably perform, including studies,
    investigations, surveying and mapping, tests,
    evaluations, consultations, comprehensive
    planning, program management, conceptual designs,
    plans and specifications, value engineering,
    construction phase services, soils engineering,
    drawing reviews, preparation of operating and
    maintenance manuals, and other related services.
    (emphasis added.)

14
DHS GMO
  • Congress recently reinforced the classification
    of surveying and mapping as part of the
    geospatial field, related to architecture and
    engineering, when it enacted section 8201 of S.
    2845, which became Public Law 108-458. The law
    includes the following definitions --
  • (A) GEOSPATIAL INFORMATION- The term geospatial
    information means graphical or digital data
    depicting natural or manmade physical features,
    phenomena, or boundaries of the earth and any
    information related thereto, including surveys,
    maps, charts, remote sensing data, and images.
  • (B) GEOSPATIAL TECHNOLOGY- The term geospatial
    technology means any technology utilized by
    analysts, specialists, surveyors,
    photogrammetrists, hydrographers, geodesists,
    cartographers, architects, or engineers for the
    collection, storage, retrieval, or dissemination
    of geospatial information, including--
  • (i) global satellite surveillance systems
  • (ii) global position systems
  • (iii) geographic information systems
  • (iv) mapping equipment

15
USACE-FARS
  • 36.601-4 Implementation.
  • (a)(4)(A) In USACE "surveying and mapping
    services" includes activities associated with
    measuring, locating and preparing maps, charts,
    or other graphical or digital presentations
    depicting natural and man-made physical features,
    phenomena, and legal boundaries of the earth,

16
SF 330A-E QualificationsDiscipline/Function
Codes
  • Land Surveyor
  • Photo Interpreter
  • Photogrammetrist
  • Remote Sensing
  • Specialist
  • Aerial Photographer
  • Cartographer
  • Geodetic Surveyor
  • GIS Specialist
  • Hydrographic
  • Surveyor

17
SF 330A-E QualificationsExperience/Profile
Codes
  • Aerial Photography Airborne and Imagery
    Collection and Analysis
  • Cartography
  • Charting Nautical and Aeronautical
  • Digital Elevation and Terrain Model Development
  • Digital Orthophotography
  • Environmental and Natural Resource Mapping
  • GIS Services Development, Analysis, and Data
    Collection
  • Geodetic Surveying
  • Ground and Airborne
  • Geospatial Data Conversion Scanning, Digitizing,
    Compilation, Attributing, Scribing, Drafting
  • Hydrographic Surveying
  • Land Surveying
  • Mapping Location/Addressing Systems
  • Photogrammetry
  • Remote Sensing
  • Surveying Platting Mapping Flood Plain Studies
  • Topographic Surveying and Mapping

18
Legislative History
  • Conference Report (H. Rept. 105-746, p. 165)
  • The conferees expect the officials responsible
    for the Federal Acquisition Regulations (FAR) to
    strike and revise the last sentence of section
    36.601-4(a)(4) of the FAR(48 CFR 36.601-4(a)(4))
    to define Surveying and mapping in such a
    manner as to include contracts and subcontracts
    for services for Federal agencies for collecting,
    storing, retrieving, or disseminating graphical
    or digital data depicting natural or man made
    physical features, phenomena and boundaries of
    the earth and any information related thereto,
    including but not limited to surveys, maps,
    charts, remote sensing data and images and aerial
    photographic services.

19
Liability Insurance
  • Classification of Geospatial as an industry and
    part of Information Technology violates loss
    prevention and risk management principles
    advocated by professional liability insurance
    carriers and will result in un-insurability
    issues for geospatial firms

20
Conclusions
  • Congress and Federal agencies have recognized
    Geospatial to be a new term for surveying and
    mapping-related activities

21
Conclusions
  • Geospatial (surveying and mapping) is part of
    Architecture-Engineering, not Information
    Technology

22
Conclusions
  • Congress and Federal agencies recognize
    Geospatial (Surveying and Mapping) as
    Architecture-Engineering, not Information
    Technology

23
Conclusions
  • Congress and Federal agencies recognize
    Geospatial (Surveying and Mapping) as
    Architecture-Engineering, not Information
    Technology and as a profession -- not an industry

24
Conclusions
  • No law has been passed nor regulation promulgated
    that has defined Geospatial as Information
    Technology

25
Conclusions
  • The Department of Labor has no practical or legal
    basis for defining Geospatial as Information
    Technology

26
Conclusions
  • Defining Geospatial as Information Technology
    would have harmful affects on individual
    practitioners and professional firms with regard
    to
  • Federal procurement
  • Employment classification
  • Professional liability
  • University accreditation
  • Tax accounting

27
Conclusions
  • Department of Labor must
  • Immediately cease description of Geospatial as
    part of Information Technology
  • Immediately cease description of
    apprenticeships as a manner of obtaining
    necessary experience for entry in the Geospatial
    profession
  • Immediately cease description of Geospatial as
    an industry
  • Immediately engage the traditional
    Engineering-based Geospatial community in its
    workforce development initiative
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