This Week in Washington

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:

• Senate Confirms Department of Transportation Positions
• ASCE Reviews FY 2002 Appropriations
• Corps Moves to Ease Wetland Rules
• State Government Relations Update
• August Congressional Fellow Report

1. Senate Confirms Department of Transportation Positions

U.S. Transportation Secretary Norman Y. Mineta welcomed Allan Rutter and Dr. Jeffrey W. Runge to the U.S. Department of Transportation (DOT) after the Senate confirmed them last week. The Senate confirmed Rutter as Federal Railroad Administrator. Rutter has been involved in transportation policy for the past 18 years and served President Bush in Texas as Director of Transportation Policy. Before joining then-Governor Bush in 1995, Rutter was Deputy Executive Director of the Texas High-Speed Rail Authority. As FRA administrator, Rutter will lead the regulatory and enforcement agency responsible for promoting safe and successful railroad transportation within the United States, and work to advance the policies of the Bush Administration regarding freight and passenger rail.

The Senate confirmed Runge as the 12 National Highway Traffic Safety (NHTSA) Administrator. Runge is a nationally recognized physician expert in motor vehicle injury care and prevention. A researcher and educator in emergency medicine, he has focused on the area of injury prevention and control, with a particular interest in motor vehicle injuries. As NHTSA Administrator, Dr. Runge will lead an agency of more than 600 employees with a $403 million annual budget. The agency is responsible for reducing deaths, injuries and economic losses resulting from motor vehicle crashes.

2. ASCE Reviews FY 2002 Appropriations

During Congress? August Recess, it is a good time to sit back and review the status of Fiscal Year 2002 (FY 2002) Appropriations. The new fiscal year starts October 1, and Congress is supposed to complete its work by then. Below is a review of the status of appropriation in the areas of concern to ASCE members.

AGRICULTURE - The full House of Representatives passed the Agriculture Appropriations bill on July 11, the Senate Appropriations Committee passed its version on July 17, and full Senate consideration is pending.

ASCE was successful in lobbying for funds in the House bill to fund the Small Watershed Dams program at a level of $3 million in FY 2002. This is short of the $10 million authorized, but it appears that the Senate is going to fund the program at $10 million.

ASCE assisted Rep. Frank Lucas (R-OK) in passing his amendment on July 11 to add the $3 million into the bill.

COMMERCE, JUSTICE, STATE - The full House of Representatives passed the Commerce-Justice-State Appropriations bill on July 18, the Senate Appropriations Committee passed its version on July 19, and full Senate consideration is pending.

The House Bill contains: $3.1 billion for the National Oceanic and Atmospheric Administration, an increase over last year?s $2.7 billion final appropriation; $366 million for the Economic Development Administration (EDA), $73 million less than the current fiscal year. EDA provide economic development infrastructure grants to local communities to spur economic development; and, $488.9 million for the National Institute of Standard and Technology (NIST), including only $13 million to fund existing grants from the Advanced Technology Program (ATP) which the administration is seeking to phase out.

ENERGY AND WATER - The full House of Representatives passed the Energy and Water Appropriations bill on June 28, the Senate passed its version on July 19. The House/Senate conference is pending.

Senate history: The Senate Energy and Water Appropriations Subcommittee and the full Appropriations Committee on July 12 marked up and passed an energy and water spending bill for FY 2002. Senate appropriators surpassed levels proposed by the House and President Bush to fund the Energy Department, the Army Corps of Engineers and the Bureau of Reclamation at a record clip. At $25.1 billion for FY 2002, the Senate beat the House level and the president?s budget request by $1.4 billion and $2.6 billion, respectively.

House history: The House on 6/28 passed the FY 2002 energy and water appropriations bill, 405-15. The legislation adds $1.2 billion to the president?s budget request, funding the Energy Department, Army Corps of Engineers and Bureau of Reclamation at $23.7 billion. Nearly half the increase is targeted at Corps programs, which netted a 15 percent increase over the president?s request, to $4.47 billion for FY 2002.

INTERIOR - The full House of Representatives passed the Interior Appropriations bill on July 21, the Senate passed its version on July 12, and the House/Senate conference is pending.

The House and Senate restored cuts to the U.S. Geological Survey (USGS) and appropriated $900 million for in FY 2002, reversing a $90 million cut in the USGS budget request recommended by President Bush and providing an $18 million increase over FY 2001 for USGS.

ASCE was critical of the proposed cuts in the USGS budget in testimony submitted to the Appropriations Committee in April. "ASCE is deeply distressed by the proposed funding cuts of $43 million (21 percent) in the water resources investigations budget for the USGS from the appropriated level in FY 2001. The proposed [USGS] funding level for water resources of $159 million in FY 2002 simply is not adequate to maintain the vitally necessary programs," ASCE said.

TRANSPORTATION - The House of Representatives passed the Transportation Appropriations bill in June 26, the Senate Appropriations Committee passed its version on July 12. Full Senate consideration is pending.

In total, the FY 2002 transportation appropriations legislation (H.R. 2299) provides nearly $59.1 billion in total budgetary resources, an increase of $1.1 billion (2 percent) over the FY 2001 enacted level. Among the spending provisions, the bill includes:
• Total highway spending through the Federal Highway Administration amounts to $32.7 billion, an increase of $1.2 billion (4 percent) over the FY 2001 enacted level. The level is consistent with the Transportation Equity Act for the 21 Century (TEA 21). $31.7 billion would go to the core federal aid program, $2 billion more than FY 2001.
• Transit program spending totals $6.7 billion, an increase of $493 million over the FY 2001 enacted level. The transit formula program increases from $3.35 billion to $3.6 billion, an increase of $247 million over last year?s level and the same as the President?s request; transit discretionary grants increase from $2.65 billion to $2.841 billion in FY 2002, the same as the President?s request.
• The Federal Aviation Administration would receive about $13.3 billion, in line with the Aviation Investment and Reform Act for the 21 Century (AIR 21). The level is $690 million (5 percent) over FY 2001 and $12 million below the President?s budget. Funding for the airport improvement program is $3.3 billion, an increase of $100 million over the FY 2001 enacted level and the same as the President?s request.

Stricken from the bill was a provision that would have redistributed $56.3 million of federal highway Revenue Aligned Budget Authority (RABA) to carry out a program for state and federal border infrastructure construction. TEA 21 mandates that any additional gas taxes, also known as RABA funds, must be spent on the highway program. The stricken provision would have allowed RABA funds to be tapped and used for outside purposes. ASCE supports using transportation trust fund money solely for transportation projects.

VA, HUD & INDEPENDENT AGENCIES - The House completed work on the VA-HUD-Independent Agencies Appropriations on July 30 and the Senate on August 2. The House/Senate conference is pending.

National Science Foundation Appropriations break out as follows: FY 2001 final Appropriation $4,426,000,000 the FY 2002 President?s request $4,472,000,000 the House Appropriations Committee $4,840,000,000 and the Senate Appropriations Committee $4,672,000,000.

The Senate bill also includes $130 million for math and science education partnership and directs $60 million in receipts from H-1B visas is spent on math and science partnerships.

The Senate Appropriations Committee on July 19 marked up and passed a spending bill that includes $7.8 billion for the Environmental Protection Agency, topping President Bush?s budget request by $435 million. The Senate appropriators rejected a Bush proposal to shift federal enforcement funds into a state enforcement grant program and also included $1.35 billion for the Clean Water State Revolving Loan Fund.

House action: The House Appropriations Committee on July 17 marked up and approved a $7.5 billion EPA spending bill, including $25 million for Bush?s state enforcement grant proposal and $1.2 billion for the clean water SRF.

The most controversial issues in the White House budget proposal were EPA?s plan to divert $25 million in federal enforcement funds to a state enforcement grant program, and the lack of adequate funding for the nation's woefully inadequate water infrastructure.

The House bill provides $1.2 billion in funding for the Clean Water State Revolving Fund (SRF) program, while the Senate funds the SRF at $1.35 billion.

On arsenic, the House bill prohibits EPA from implementing a standard less stringent than 10 parts per billion. The Senate language, authored by Sen. Barbara Boxer (D-CA), merely requires that EPA implement a standard that is protective of the general population as well as subpopulations.

The Senate bill does not include a Bush administration proposal to cut 270 jobs in the EPA enforcement program and enhance state-led enforcement efforts with a new $25 million grant program. An effort to delete the Bush plan from the House bill was defeated, so the issue will have to be addressed in the conference.

3. Corps Moves to Ease Wetland Rules

The Army Corps of Engineers has proposed relaxing a series of year-old rules designed to protect streams and other wetlands. The protective acreage thresholds established in June of 2000 for the NWP 26 replacement permits will be maintained, but several refinements are included which will allow greater targeting of Corps resources to projects with significant potential for environmental impact. In addition, several provisions have been simplified.

The proposal has been criticized by many environmental groups and was opposed by the Environmental Protection Agency and the Fish and Wildlife Service. The full rule can be viewed at: http://www.access.gpo.gov/su_docs/aces/aces140.html. Search for the August 9, 2001 Federal Register.

4.State Government Relations Update

ASCE provides updates on individual state government matters affecting civil engineers. For more information on the following item(s), or any other state government relations matters, please contact Austin Fulk, ASCE?s Manager of State Government Relations, at (202) 789-2200 or via email at afulk@asce.org.

ASCE at NCSL Over the next week, ASCE staff will be attending the National Conference of State Legislatures (NCSL) Annual Meeting. The meeting will give ASCE staff a chance to interact with state legislators from around the country and an opportunity to promote legislative issues of concern to civil engineers. Watch upcoming issues of This Week in Washington for a report on NCSL.

State Legislative Update The following bills were recently introduced in state legislatures across the country. If you have questions about particular legislation, please contact Austin Fulk. These bills affect the civil engineering profession, but ASCE National has not taken a position on them unless otherwise noted.

Illinois H.B. 155, which was enacted August 3, makes technical changes to the composition of the State Board of Structural Engineers.

S.B. 825 and H.B. 3209 have been enacted, and exempt from the state?s Freedom of Information Law information that is contained in technical submissions by architects or engineers when these plans are not used in construction.

Michigan S.B. 373 makes Michigan the first state in the country to establish specific penalties for motorists who injure or kill highway construction or maintenance workers. The penalties range from 1 year in prison for injuring a worker to 15 years in prison for killing a worker.

New York A.B. 9391 would raise the motor fuel tax by $.08 per gallon, with the proceeds being earmarked for the Highway and Bridge Trust Fund.

Ohio H.B. 337 would make changes in the state?s engineer and surveyor licensing laws.

5. August Congressional Fellow Report

As this is my final report, I decided to share some thoughts on the ASCE Congressional fellowship and my yearlong experience. First, I thank you for supporting the ASCE fellowship and the exciting time I experienced in Congress. It?s been a life-changing year! I?ve been influenced to aim my career towards helping with broad societal problems involving science, engineering and technology. Furthermore, at least a few other engineers I?ve met this year who are curious about improving public policies may reshape their careers in that direction.

I?m convinced that ASCE?s unique contributions are sorely needed, and that ASCE members and government affairs staff can make a critical difference to civil engineers throughout the nation and society as a whole. This year I have learned that although the underlying technical details are important, they are often overshadowed by other pressing factors (e.g., a whole lot of politics!). I learned to respect our government leaders, and the many differences in values and opinions among Americans from all walks of life and of foreign nations. By listening to people who disagree, we are able to develop more accurate and sophisticated opinions and effective public policies. I appreciate the open minds and forgiving attitudes of those who think differently than I do.

I am overwhelmed by the complex issues that face the nation. Take a look at ASCE?s Report Card as an example-bad grades on energy, highways, airports, waste water systems, schools, etc. Civil?s are well suited to help out. Instead of ?What type of water system should we build?? we can ask ?What kind of nation do we want to build?? As a result of working as a Washington insider, I believe that this latter question warrants our professions? focus and time on a local and national level.

Many engineers find comfort working in a logical framework and shy away from politics. After all, politics is often illogical, can be highly emotional and many times, gets ugly fast. However, engineering and government need to work together to best protect and enhance the quality of life in our communities. The ASCE fellowship provides an excellent avenue to both participate in the technical issues faced by Congress and to take some political savvy back to our profession.

Respectfully submitted, Yumei Wang, P.E. 2000-2001 Fellow for Senator Ted Kennedy (D-MA)