Rep. Lindsey Graham (R-S.C.) introduced ACEC’s bill (H.R. 3678) to protect member companies from unfair and costly enforcement actions under the Fair Labor Standards Act (FLSA).

Rep. Graham (R-S.C.) (second from right) discusses FLSA legislation with ACEC President Dave Raymond (right) and ACEC Professional Staff Steve Hall and Kate Koury on the Capitol steps.

ACEC Chairman Steve Goddard was a driving force behind the legislation, which will amend the FLSA "to clarify the exemption from the minimum wage and overtime compensation requirements of that Act for certain construction engineering and design professionals." Member company Malcolm Pirnie also provided invaluable assistance in the successful effort to bring the legislation to Capitol Hill.

Among the duties cited for exemption are those relating "to the preliminary or conceptual design and development, design, bidding, construction, and postconstruction evaluation phases of engineering."

The Department of Labor is currently looking at updating and reforming the federal regulations addressed in H.R. 3678 and has contacted Rep. Graham’s office requesting additional information. ACEC will continue to push the legislation through congressional and administration channels.

ACEC has helped to secure more than 250 cosponsors for H.R. 3694 and S. 1917, the bipartisan legislation that would restore highway funding to, at a minimum, the level authorized in TEA-21 for 2003 ($27.75 billion) and would allow additional funds to be appropriated. As of Feb. 14 (Congress’ last day in session before a week-long hiatus), 227 cosponsors had been secured for H.R. 2694 and 27 senators had signed on to cosponsor S. 1917.

The administration’s budget proposal allocates $24.1 billion for FHWA, including $23.2 billion for the Federal-Aid Highway Obligation Limitation, which is below the funding level authorized in TEA-21 for F.Y. 2003, and the F.Y. 2002 funding level ($31.8 billion). The reduction in funding is due to the fact that gas tax receipts are expected to fall nearly $5 billion short of original estimates in 2003.

Congress is expected to take up a budget resolution in March—possibly at the same time (the week of March 11) ACEC members will be in town for Consulting Congress Day (CCD), the Federal Markets Conference and the Engineering Excellence Awards (EEA) Gala. By securing large numbers of cosponsors for the two bills, a strong message is sent to the leadership in the House and the Senate to restore transportation funding.

How can you help? First, come to CCD; go to https://www.acec.org/Events/esa.pdf to register today. Second, e-mail John Carney (jcarney@acec.org) for the latest lists of House and Senate cosponsors and a draft letter you can send to your representative and senators, if they aren’t on the lists, to help secure their support for this important legislation.

House Transportation and Infrastructure Committee Chairman Don Young (R-Alaska) has been confirmed as a March 12 luncheon speaker for Consulting Congress Day (CCD). He will provide updates on bipartisan highway funding legislation introduced earlier this month (see related item below). Following Chairman Young’s remarks, nationally recognized political analyst Charlie Cook will share information on the upcoming elections and provide an analysis of the president’s and Congress’ agendas (see Feb. 1 Last Word). For more information on CCD, contact Susan Doyle (sdoyle@acec.org) at 202-347-7474.

The Senate Environment and Public Works Committee introduced The Water Investment Act of 2002 (S. 1961) last week to provide a total of $35 billion over five years to the Clean Water and Safe Drinking Water State Revolving Funds. As Committee Chairman James Jeffords (I-Vt.) noted, "In this country we tend to take for granted clean water in our faucets and well-functioning, hidden sewage treatment systems. However, without vigilance, these luxuries can quickly disappear. [This bill] will help our communities be better prepared." Jeffords’ committee will hold hearings on the bill this week.