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Design-Build DATELINE
The Journal of the Design-Build Institute of America

December 2007

Legislative Update - Appropriation Atrophy


It’s slow going for appropriations bills moving their way through Congress. As of Thanksgiving the president had signed only one appropriations bill — defense — and vetoed the Labor, Health and Human Services and Education bill, saying the bill was $6 billion more than Congress appropriated last year.

That leaves 11 bills incomplete, which could be rolled into one big omnibus bill. The concern now, however, is that it would total $22 billion more than the president’s budget request. With one of the bills the Veterans Affairs/Military Construction bill, they will likely be squeezed, and at least $19 billion will likely be cut.

Congress is expected to reconvene and pass the remaining bills in December.

For DBIA, the key bill remains the Agriculture appropriations bill. The Senate has not yet voted on their version but was expected to address the unfinished bill when they return in early December. Once the Senate Agriculture bill is complete, the best opportunity to get design-build language into the bill will occur during conference committee deliberations. As it stands, the language is not in either the House or Senate bill.

The proposed report language for design-build notes: “In order to expedite construction projects and any other real property improvement hereunder appropriated or authorized by this act, use of the design-build method of project delivery, in which one entity provides both design and construction services, is encouraged.” In addition, “Recipients of grants who use funds appropriated by this act are authorized to use the design-build method of project delivery for construction projects and all other real property improvements.”

The two keys to getting design-build language into the final bill are Rep. Jack Kingston, R-Ga., ranking member of the House Appropriations Committee, who has remained a staunch supporter of the provision, and committee chair Rep. Rosa DeLauro, D-Conn. DeLauro initially supported a design-build measure but had some reservations earlier in the year, and the provision did not make it into the House agriculture bill. But DeLauro has made a commitment to work with DBIA on the issue further. With her support, the provision would likely make it into the final bill presented to the president.

Kingston has a long-standing affinity for design-build and recognizes its benefits. In 2006, as the Gulf Coast was rebuilding from the effects of Hurricane Katrina, Kingston wrote the commander of the U.S. Army Corps of Engineers emphasizing the value of design-build and its usefulness in Gulf Coast reconstruction.

“We learned that using design-build would put the reconstruction process on a fast track with added benefits of offering a cost savings to the American people, and potentially lowering litigation claims,” the letter said. “We feel that it is important to convey our support for the effective use of design-build as it pertains to federal facilities and public infrastructure.”

 
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