For the Week Ending October 20, 2000

This weekly report is written by the American Society of Civil Engineers? Government Relations staff. If you have questions or comments about any items in this report, please contact Brian Pallasch, Michael Charles, Martin Hight, Austin Fulk, or Liz Hermsen by e-mail or at 202/789-2200.

Inside This Week:

   
WIND HAZARD REDUCTION BILL INTRODUCED IN HOUSE

On October 19, U.S. Representatives Walter Jones, Jr. (R-N.C.) and Dennis Moore (D-KS) introduced H.R. 5499, "The Windstorm Hazard Reduction Research and Technology Transfer Act." The bipartisan bill will focus federal efforts on minimizing the loss of life and property due to severe windstorms.

"ASCE cannot stress enough how critical and overdue this legislation is," said ASCE President Delon Hampton, P.E., Ph.D. "With the proper research, the implementation of new techniques and processes, and public education, we can significantly reduce losses from windstorms such as hurricanes and tornadoes."

Recognizing the need for this legislation, Rep. Moore stated, "Living in tornado alley my entire life taught me a lot about the consequences of tornadoes, floods, and thunderstorms. Though we can't stop the storms, in this day and age we should be doing everything we can to protect the lives and property that are at risk during our worst natural disasters. With this legislation, we are, for the first time, taking proactive steps to save lives and property. It is imperative that in an age that is this technologically advanced, we transfer the benefits of that technology to states, communities, and individuals."

Currently the federal government spends approximately $5 million to develop knowledge, practices and policies to reduce or eliminate losses from wind-related disasters. The legislation would authorize significant increases in funding, provide for better coordination of the federal effort, prioritize research efforts, increase technology transfer programs, and emphasize public education.

ASCE was instrumental in the development of this bill. In addition to providing technical advice on the legislation, ASCE formed the Wind Hazard Reduction Coalition with other professional societies, research organizations, industry groups and individual companies to utilize their knowledge and experience. "This was truly a community effort," stated ASCE President Hampton. "All interested groups have been involved with this from the beginning. I commend Congressmen Jones and Moore and their staff members for working with the community to create this consensus and, more importantly, technically and scientifically sound legislation."

   
SMALL WATERSHED DAM REHABILITATION BILL GIVEN NEW LIFE

The Small Watershed Dam Rehabilitation legislation, formerly H.R. 728, was given new life when the House of Representatives attached the major parts of the bill to another piece of legislation, H.R. 4788, the "U.S. Grain Standards Act," which passed the House of Representatives on October 17. Section 313 of the legislation includes the major parts of the Small Watershed Rehabilitation Amendments of 2000. The bill was sent to the U.S. Senate for consideration in the near future.

The legislation authorizes $90 million over five years to provide up to 65 percent of total costs to a local organization for rehabilitation of structural measures of certain small watershed dams or decommissioning the dam if the sponsoring organization requests it. The Small Watershed Rehabilitation Amendments of 2000 is critical because lack of action will increase the probability of dam failures, resulting in the loss of human life and significant property damage. By the year 2020, more than 85 percent of all dams in the United States will be more than 50 years old, the typical useful life span. Some small watershed dams were originally constructed in rural areas that have since had homes and businesses built downstream. Consequently, these dams need to be rehabilitated to meet today's more stringent safety standards, or properly decommissioned, because of the possible loss of life and property if a dam should fail.

ASCE recently sent a Key Alert about H.R. 4788. You may write to your Senators, to encourage them to support the bill, from ASCE's new Internet Advocacy Site. Simply log on to the web site /advocacy.html. Use your six-digit ASCE member number for the "Name" and your last name for the "Password." With the Internet Advocacy Site, you may choose to write your own free form letter, select our speaking points to help outline your letter, or choose from a sample letter template that you may then edit to match your own style. In a few easy steps, your letters will be on their way to your Senators.

   
HOUSE PASSES WATER RESOURCES DEVELOPMENT BILL

The House passed a bill on October 19 authorizing the U.S. Army Corps of Engineers (USACE) to spend $5.1 billion on 26 flood control, navigation improvements, environmental protection and restoration, and other national water infrastructure projects. The bill includes funding for a major restoration program for the Florida Everglades.

The Senate approved its version of the Water Resources Development Act (WRDA) on September 25. It authorizes the Corps an estimated $2 billion to carry out 22 new inland navigation, flood control and damage reduction, environmental restoration, and shore protection projects over the next two years. The Senate bill would also authorize approximately $1.7 billion to begin a long-term project to restore the natural environment of the south Florida ecosystem, including the Everglades.

The entire Everglades project is expected to cost nearly $8 billion over 36 years. The differences between the two bills will be worked out in a conference between the House and Senate in the next few days. Congress expects to adjourn for the year by October 25.

   
HOUSE, SENATE PASS $7.8 BILLION EPA BUDGET BILL FOR FISCAL 2001

On October 18, the House passed a compromise budget bill for the Environmental Protection Agency (EPA) for fiscal year 2001 that calls for a total of $7.83 billion in new spending for the EPA. The Senate approved the bill a day later. The bill was negotiated among congressional leaders and the White House and is sure to be signed by the President this month.

In the two largest environmental programs, the bill appropriates $1.27 billion for the cleanup of hazardous waste sites under the Superfund program and $3.63 billion for wastewater and drinking-water infrastructure construction and repair projects. The EPA science and technology research programs will receive $696 million in 2001.

The bill also appropriates $2.1 billion for the Federal Emergency Management Agency (FEMA), including $1.6 billion for disaster relief and $25 million for emergency planning and assistance. The National Science Foundation (NSF) will receive $4.4 billion in 2001, including $3.35 billion for major research and related activities.

   
"BUNDLING" BILL PASSES HOUSE

Legislation to help address the pervasive practice of "bundling" several agency requirements into large contracts, which are less likely to be awarded to small business prime contractors, has passed the U. S. House of Representatives. H.R. 4945, which passed the House on September 20, would require the Small Business Administration (SBA) to maintain a database of bundled contracts, determine how many small businesses are displaced as prime contractors, and analyze bundled contracts to determine whether they actually save the government money and reduce administrative costs. ASCE, along with several other design associations, is seeking Senate approval of an amendment to prevent bundling of non-A-E services with A-E services as defined in the Federal Acquisition Regulations (FAR) part 36. The draft provision would permit design-build contracts in accordance with FAR part 36.

   
COMPROMISE SOUGHT ON SCHOOL CONSTRUCTION PROPOSAL

Top administration lieutenants and senior aides to leaders of both parties met during the week of October 16 to explore options for a compromise on a school construction bond proposal that Democrats want to include in either a year-end tax bill or the Fiscal Year 2001 Labor-Health & Human Services appropriations bill. Republicans, for the most part, oppose the administration's approach - tax credits to leverage construction bonds - mostly because the proposal would impose Davis-Bacon wage requirements on these projects. On October 17, House Ways & Means Chairman Bill Archer (R-TX), in a letter to President Clinton, cited a letter from the National School Boards Association to buttress his concern that Davis-Bacon would drive up construction costs.

ASCE has joined with a broad coalition of groups supporting the school construction initiative. While ASCE is concerned about and does not support the Davis Bacon language, ASCE believes the needs of the nation's schools are more important.

   
PRESIDENT CLINTON SIGNS H-1B VISA BILL

President Clinton signed legislation, on October 17, increasing the number of H-1B visas granted to highly skilled foreign workers. The H-1B legislation would raise the visa cap from 115, 000 to 195,000 per year for the next three years, and would direct additional funds to education and training programs to prepare more American workers for high tech careers. While ASCE opposed the increase in H-1B visas, ASCE worked with other engineering and scientific organizations to make sure the worker training language and funding were included.

   
NOAA BEGINS QBS CONTRACTING PROGRAM

Another agency has turned the corner on contracting with the private sector and utilization of the QBS process. The National Oceanic and Atmospheric Administration (NOAA) has announced a new contracting initiative for shoreline mapping, airport aeronautical surveys and height modernization for geodetic survey point elevations. Congress has not yet resolved funding for these activities, but NOAA reported at a September 28 workshop that the Senate appropriations bill has $3 million for shoreline mapping in fiscal 2001, the House has $2 million for height modernization, and NOAA anticipates $1.7 million for aeronautical surveys from the Federal Aviation Administration. The National Geodetic Survey, part of NOAA, will downsize through attrition from a 1996 high of 275 persons to 210 by 2005. All contracts, which will appear shortly in the Commerce Business Daily, will be awarded using the QBS process. For information on the initiative, go to www.ngs.noaa.gov

   
KEY CONTACT BREAKFAST WAS BIG SUCCESS

On October 19, over 95 Key Contact Program members attended the Key Contact Program Member Appreciation Breakfast at the 2000 Civil Engineering Conference and Exposition in Seattle, Washington. Congressman Norm Dicks (D-WA) had been invited to speak but was unable to attend because Congress is still in session in Washington, D.C. However, the Key Contact Program members heard from ASCE President-Elect Bob Bein about the importance of being involved in the public policy process. The breakfast attendees also learned about the accomplishments and activities of ASCE's government relations program during the 106th Congress and how to make the most of the Key Contact Program.

   
STATE LEGISLATIVE UPDATE

ASCE continues to provide updates on state legislation affecting civil engineers as state legislative sessions progress. For more information on the following bill(s), or any other state legislative matters, please contact Austin Fulk, ASCE?s Manager of State Government Relations, at (202) 789-2200 or via email at afulk@asce.org.

Smart Growth in San Francisco
Even in San Francisco, a dense and compact city that many think of as the prototype of a livable urban community, smart growth is an issue on the ballot. Voters will be facing two competing smart growth initiatives, one of which is backed by Mayor Willie Brown, and another supported by a coalition of neighborhood activists. Both are in response to an unprecedented demand for office space, which is currently renting for around $85 per square foot, up from an average of $49.50 in 1999. Proposition K, backed by Mayor Brown, would allow 11 million square feet of new office space to be constructed, or about 20 times the volume of the Trans America Pyramid, one of the most familiar sights on the San Francisco skyline. It would also place moratoriums on new construction in some neighborhoods, but not ban it. Proposition L, would allow only 8.3 million new square feet of office space, and would ban new office development in certain neighborhoods. Fueling much of the debate is an influx of internet-related businesses that have driven up costs across the city, and are able to operate in residential neighborhoods because they are classified as "business services," not actual businesses. Both propositions would end this classification.