ACEC Secures $20B Water Authorization Bill"Closing The Clean Water Funding Gap"

David Kennedy, Environmental Business Committee Chairman |
The House Water Resources and the Environment Subcommittee approved legislation backed by ACEC to authorize $20 billion for wastewater treatment projects throughout the nation over the next five years.
Titled the "Water Quality Financing Act of 2003," HR 1560's $20-billion price tag is aimed at reducing a major backlog in sewer infrastructure needs, a gap estimated by the Water Infrastructure Network (WIN) at over $12 billion a year. HR 1560 also includes provisions to help poor and rural communities meet water treatment needs, including technical assistance and grant-like provisions.
"Through the grassroots efforts of ACEC and our industry allies, Congress is getting the message that closing the clean water funding gap will benefit the environment, create jobs, and strengthen the infrastructure upon which long-term growth is dependent," said Environmental Business Committee Chairman, David Kennedy.
During markup of the bill, Subcommittee members continually stressed the need for increased funding, citing numerous examples of project needs in their home districts. HR 1560 now goes to the full House Transportation and Infrastructure Committee for consideration, which is expected to occur next week. ACEC and its industry allies are urging for final passage before the end of the year.
Water Bill Includes Unprecedented QBS Provision

David Greenwood, ACEC Federal Agencies Committee chairman |
During the consideration of HR 1560, ACEC was also successful in attaching for the first time in the program's history, a requirement to use Qualifications-Based Section (QBS). The legislation now requires that the procurement of engineering services for projects funded by Clean Water Act State Revolving Fund (SRF) capitalization grants be in accordance with the Brooks Act.
Current law is unclear whether projects funded under the state-administered SRF program are required to use QBS when procuring engineering services. The SRF program represents the last major federal infrastructure program to receive a QBS requirement. ACEC and its industry allies have already been successful in attaching QBS mandates to federal surface transportation and aviation programs.
"QBS continues to represent the highest priority for our industry," said David Greenwood, the chairman of ACEC's Federal Agencies Committee. "This latest win is another step in ACEC's ongoing effort to ensure that all levels of government base their engineering procurement decisions on qualifications as opposed to the cheapest bid."
Outsourcing Foes Back Down In Face Of Pressure From ACEC, White House

Frank Rudd, executive vice president of ACEC's Florida MO |
ACEC led a coalition of industry groups to defeat a provision in the F.Y. '04 Interior Appropriations bill that would have blocked Interior agencies, including the National Park Service (NPS) and the U.S. Geological Survey (USGS), from opening commercial services to competition from the private sector.
The provision was originally inserted by Rep. Charles Taylor (R-NC), chairman of the Subcommittee on Interior Appropriations. Rep. Pete Sessions (R-TX) filed an amendment to strike the language on the House floor. In the face of intense lobbying from ACEC and industry allies, as well as a White House veto threat, Rep. Taylor agreed to drop the provision.
Federal agencies, including the Department of the Interior, have been charged with identifying positions that are commercial in nature, including engineering services, and opening them to competition from the private sector. ACEC strongly supports the President's "competitive sourcing" initiative, and continues to oppose efforts by public employee unions and others to stop this effort.
"Giving the private sector more opportunities to do this work opens market opportunities for our members. But, more importantly, it ensures that taxpayers benefit from the best engineering services available," said Frank Rudd, executive vice president of ACEC's Florida member organization.
Agencies within the Interior Department, including the National Park Service, US Geological Survey, and the Bureau of Indian Affairs have many federal employees that perform engineering and related services. The Administration has identified engineering in particular as a commercial service that could be performed more efficiently by the private sector.
Overdue Corps Of Engineers $4 Billion Funding Bill Finally Moving In The House

Rep. John Duncan (R-Tenn) |
The Water Resources and Environment Subcommittee passed HR 2557, the "Water Resources Development Act of 2003" (WRDA) this week, which authorizes over $4 billion in Corps of Engineers water projects. The WRDA bill is overdue, having been held up since last year over the debate on several Corps reform measures.
Subcommittee Chairman Rep. John Duncan (R-Tenn) indicated that most of those differences have been resolved, and is hopeful that any remaining conflicts will be resolved before next week's vote before the full committee.
The Corps reform measures at issue include several environmental proposals favored by committee ranking member James Oberstar (D-Minn) and others aimed at ensuring the Corps does not take on projects that would be economically wasteful or damaging to the environment. The proposals include requiring an independent panel to review proposals for large or controversial projects, reforming the principals and guidelines for Corps projects, putting a larger cost burden on local communities and ensuring the Corps does a better job of replacing wetlands.
After House Victory, FLSA Reform Faces New Threat In Senate; ACEC Issues Call To Arms
Barely a week after ACEC and its industry allies narrowly helped defeat an attempt in the House to disallow reforms to the Fair Labor Standards Act (FLSA), another threat is looming in the Senate.
Last week, an ACEC-led grassroots campaign prompted the House to reject an amendment offered by Representative George Miller (D-Calif) that sought to prevent the Department of Labor from moving forward on needed ACEC-supported reforms to the FLSA. The House rejected the Miller Amendment 213-210.
Sen. Tom Harkin (D-Iowa) is planning to offer a similar version of the rejected amendment to the Senate's F.Y. '04 Labor, HHS, Education appropriations bill. ACEC, together with the U.S. Chamber of Commerce, the National Federation of Independent Businesses, and other coalition allies are once again engaged in an intense lobbying effort to oppose the Harkin Amendment and protect the FLSA reform effort.
ACEC President Dave Raymond, in a letter to House Members, noted that "regulations governing overtime and minimum wage eligibility under the FLSA have not been significantly revised in over 50 years." Raymond added that the engineering workplace has changed considerably during that time period, and that the "proposed regulations will remedy many of the problems engineering firms face with regard to FLSA compliance."
Grassroots involvement was a key ingredient in the House victory, and ACEC members are once again encouraged to send letters to their Senators in opposition to this latest attack against FLSA reform. Click here for a sample letter, and click here for contact information for your Senator.
House ‘04 Transportation Spending Bill Increases Highway Funding

Rep. Ernest Istook, Jr. (R-Okla), House Treasury/Transportation Appropriations Subcommittee Chairman |
The House Treasury/Transportation Appropriations Subcommittee cleared a draft F.Y. 2004 spending bill that increases highway funding from the F.Y. 2003 level of $31.6 billion to $34.5 billion. However, funding for Amtrak and some transit programs has been reduced.
While providing an almost $3 billion increase for highways, the Subcommittee's bill reduces funding for transit new starts by $100 million. Amtrak is cut by over $400 million, from the $1 billion provided in F.Y. 2003 to $580 million in F.Y. 2004. Funding for airport infrastructure is increased slightly from the current level of $3.4 billion to $3.5 billion in F.Y. 2004.
ACEC has been meeting with House appropriators to encourage the $34.5 billion level for highways. "This would set a good baseline for the next six years in the TEA-21 reauthorization," ACEC President David Raymond said. In addition to preserving the highway funding level, ACEC also is working with transit and rail interests to find additional sources of funding to make up for the shortfall.
The full Appropriations Committee is tentatively set to consider the bill on Monday, July 21, which could clear the measure for floor consideration by the August recess. The Senate Treasury/Transportation Appropriations Subcommittee may mark up its bill next week.
TEA-21 Reauthorization Deadline Looms
As the F.Y. 2004 appropriations process gets underway, the deadline for reauthorizing TEA-21 is getting closer. Congress has just over five working weeks before TEA-21 expires on September 30.
Disagreements over funding and other issues have caused the Senate Environment and Public Works Committee to cancel consideration of a draft bill this month. Meanwhile, the House Transportation and Infrastructure Committee leadership may introduce a bare-bones proposal by the August recess. The proposal would likely contain broad-based funding parameters and very few policy provisions. Committee Chairman Don Young (R-AK) hopes to hold a Committee markup in early September.
Although ACEC is still calling for timely passage of a reauthorization bill, prospects are dimming by the day. Observers are keeping a close eye on the congressional calendar, since several major legislative proposals and the 13 annual spending bills still need to be considered in both the House and Senate.
If TEA-21 expires without reauthorization, the likely scenario would be that Congress passes an extension, similar to what occurred in 1990 and 1997.
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