2017-339ORDINANCE NO. 2017-339
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A
CONTRACT FOR FEDERAL GOVERNMENT RELATIONS AND LOBBYING SERVICES FOR
THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (RFP 6580 -AWARDED TO CAPITALEDGE
STRATEGIES, LLC IN THE THREE (3) YEAR NOT -TO -EXCEED AMOUNT OF $177,000.)
WHEREAS, the City has solicited, received, and evaluated competitive sealed proposals for
federal government relations and lobbying services in accordance with the procedures of State Law
and City Ordinances; and
WHEREAS, the City Manager or a designated employee has received, reviewed, and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies, or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies, or services, shown in the "Request for Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR mAMOUNT
6580 CapitalEdge Strategies, LLC $177,000 (the "Proposal")
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies, or services in accordance with the terms,
specifications, standards, quantities, and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of the
submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted. This will be an initial one (1) year
contract with options to extend the contract for two (2) additional one (1) year periods with all terms
and conditions remaining the same.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under RFP 6580 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved proposals.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 4 . y"' , 2017"""'poo/� --.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Ali
AARON LEAL, CITY ATTORNEY
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CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND CAPITALEDGE STRATEGIES, LLC FOR
LEGISLATIVE REPRESENTATION
(CONTRACT 6580)
This agreement , made this day ___________________________, by and between
the City of Denton, a Texas Municipal Corporation, with its principal office at 215 East McKinney
Street, Denton, Denton County, Texas 76201, and CapitalEdge Strategies, LLC_,
), with its principal office at 1212 New York Avenue NW, Suite 250, Washington
D.C., 20005 acting herein, by and through their duly authorized representatives.
WITNESSETH
WHEREAS, the City desires for the Consultant to provide Federal legislative representation to
assist the City in advancing its Federal Legislative Program, addressing its proposed legislation,
and notifying it of any legislative or administrative initiatives believed to be detrimental or
beneficial to the interests of the City; and
WHEREAS, the City further desires to have the Consultant provide notification and advocacy to
the City for funding opportunities, to augment the City's existing relationship with key legislators
and policy administrators, and to maintain a high level of effective advocacy with the legislative
and executive branches of the federal government; and
WHEREAS, Consultant has professional staff experienced and qualified to provide and perform
the services desired by City as set forth hereinabove;
NOW, THEREFORE, and in consideration of the terms, covenants and conditions herein
contained, the parties hereto do mutually agree as follows:
ARTICLE 1. Period of Service
The initial term of the agreement specified herein shall be for a one (1) year period, commencing
upon contract execution. The City and the Consultant shall have the option to renew this contract for
an additional two (2) one-year periods. Materials and services undertaken pursuant to this solicitation
will be required to commence within fourteen (14) days of delivery of a Notice to Proceed.
The Contract shall commence upon the issuance of a Notice of Award by the City of Denton and
shall automatically renew each year, from the date of award by City Council, unless either party
notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton, the
Contract may be further extended as needed, not to exceed a total of six (6) months.
ARTICLE 2. Termination
A. The City and the Consultant shall have the right to terminate this Agreement, with or without
cause, upon 60 days written notice.
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B. The City may also terminate this Agreement with 30 days written notice to the Consultant for
an irreconcilable conflict of interest or failure to allot sufficient funds.
C. If the Agreement is terminated prior to completion of the services to be provided hereunder,
Consultant shall immediately cease all services and shall render a final bill for services to the City
within thirty (30) days after the date of termination. The City shall pay Consultant for all services
properly rendered and satisfactorily performed and for reimbursable expenses to termination
the City subsequently contract with a new consultant for the continuation of services, Consultant
shall cooperate in providing information. The Consultant shall turn over all documents prepared
or furnished by Consultant pursuant to this Agreement to the City on or before the date of
termination, but may maintain copies of such documents for its use.
ARTICLE 3. Compensation
A. The City agrees to compensate the Consultant for services rendered in a not-to-exceed amount
of, $4,500 per month, for a total of $54,000 annually, for a contract total of $162,000, for the
specified services. Invoice and payments will be sent monthly. The City will not be responsible
for any additional expenses incurred by the Consultant, with the exception of travel costs requested
and authorized by the City. These reimbursable costs will be billed at cost and shall not to exceed
$5,000 annually, for a contract total of $15,000.
B. Reasonable pre-approved costs incident to travel shall be reimbursed to the Consultant upon
submission of its invoice to the City. Consultant understands and agrees that travel is to be
pre-authorized by the City. Expenses may include travel, lodging and business meals incurred on
behalf of the City and at its request. Such itemized expenses, with corresponding paid receipts,
shall be paid separately and shall be reviewed and approved by the City, prior to payment.
C. Such expenses do not include the normal office functions or daily expenses of the Consultant
in the course of his functions in Washington, D.C. representing the interest of the City.
ARTICLE 4. Scope of Services
A. The Consultant must perform the following services:
1. Operate a unit to act as a Washington office for the City and head this unit acting as a
Washington representative for the City. The Consultant will make available office space
2. Assist in communicating the position of the City to the legislative and executive branches
of Federal government, interested parties and the public.
3. Consult with the City to determine issues of specific interest to the City and to determine
policies and positions which the City wishes to pursue.
4. Provide a regular report on Washington issues and events of interest to the City. This will
be done by:
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a. A regular summary;
b. Written reports, bulletins, memoranda, and e-mails on developments regarding
Texas- specific issues and Denton-specific issues; and
c. Direct phone and e-mail contact with City officials and representatives.
5. Provide Federal affairs briefings for the City at times and places specified by the City at
least once per year.
6. Establish and maintain
delegation in the House of Representatives.
7. Provide advice and consult in relation with the White House and the following federal
agencies or departments: Commerce, SBA, Treasury, HUD, Labor, HHS, DOT, EPA,
Interior, Justice, DOE, and such other agencies, departments, and commissions as may be
necessary to the performance of Washington service to the City.
8. Notify the City of potential federal funding opportunities that are available and provide
assistance with capturing that funding.
ARTICLE 6. Independent Contractor
A. The consultant will not:
1. Directly or indirectly participate in or intervene in any political campaign on behalf of or
in opposition to any candidate for city office.
2. Will not represent the interest of local constituents in pursuit of federal business.
3. By virtue of this Agreement, represent other local agencies in the City except those which
are instrumentalities or agencies of the City.
4. Perform any legal, engineering, accounting or other similar professional services.
B. The Consultant shall perform all services as an independent contractor not under the direct
supervision and control of the City. Nothing herein shall be construed as creating a
relationship of employer and employee or joint venture between the parties. The Consultant
is customarily engage to provide services as described herein independently and on a
nonexclusive basis in the course of its business. Consultant agrees to perform the services
based on the skills required for the scope of work in connection with the services herein.
ARTICLE 7. Indemnity Agreement
The City and Consultant agree to cooperate in the defense claims, actions, suits, or
proceedings of any kind brought by a third party which may result from or directly or
indirectly arise from any breach of the Consultant's obligations under this agreement. In the
event of any litigation or claim under this Agreement in which the City is joined as a party,
Consultants shall provide competent legal counsel to defend City and Consultant against such
claim, provided that Consultant shall have the right to proceed with the competent legal
counsel of its own choosing.
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THE CONSULTANT AGREES TO DEFEND, INDEMNIFY, AND HOLD
HARMLESS THE CITY AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES AGAINST ANY ALL CLAIMS RELATED TO AND
INCIDENTAL TO THE PERFORMANCE OF THIS AGREEMENT. THE
CONSULTANT AGREES TO PAY ALL EXPENSES, INCLUDING, BUT NOT
LIMITED TO ATTORNEY'S FEES, COSTS OF COURT, REASONABLE
EXPENSES, AND SATISFY ALL JUDGMENTS, WHICH MAY BE INCURRED OR
RENDERED AGAINST THE CONSULTANT IN THE PERFORMANCE OF ITS
DUTIES HEREIN. NOTHING HEREIN CONSTITUTES A WAIVER OF ANY
RIGHTS OR REMEDIES THE CITY MAY HAVE TO PURSUE UNDER EITHER
LAW OR EQUITY, INCLUDING, WITHOUT LIMITATIONS, A CAUSE OF
ACTION FOR SPECIFIC PERFORMANCE OR FOR DAMAGES, A LOSS TO THE
CITY RESULTING FROM CONSULTANT'S NEGLIGENT ERRORS OR
OMISSIONS, OR BREACH OF CONTRACT, AND ALL SUCH RIGHTS AND
REMEDIES ARE EXPRESSLY RESERVED.
Nothing in this Agreement shall be construed to create a liability to any person who is not a party
equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
This Agreement does not inure to the benefit of third parties.
ARTICLE 8. Insurance
The Consultant shall maintain and shall be caused to be in force at all times during the terms of
this Agreement, a legally binding policy of commercial liability insurance, with a rating of at least
A with Best Rated Carriers. Such coverage shall cover any claim hereunder occasioned by the
/or error or omission, in an amount not less than
$500,000 combined single limit coverage occurrence. In the event of change or cancellation of the
policy by the insurer, the Consultant herby covenants to forth with advise the City thereof; and in
such event, the Consultant shall, prior to the effective date of change or cancellation, serve
substitute policies furnishing the same coverage. The Consultant shall provide a copy of such
policy or the declarations page of the policy or a certificate of insurance, whichever is reasonably
satisfactory, to the City through its City Manager simultaneously with the execution of this
Agreement. Consultant's insurance policies, through policy endorsement, shall include wording
which states that the policy shall be primary and non-contributory with respect to any insurance
carried by the City. The certificate of insurance must reflect that the above wording is included in
evidenced policies.
ARTICLE 9. Ethical Requirements
The Consultant covenants and agrees that its officers, employees, and agents will have no interest,
including personal financial interest, and will acquire no interest, either directly or indirectly,
which will conflict in any manner with the performance of the services called for under this
agreement. No officer or employee of the City shall have a financial interest, direct or indirect, in
any contract with the City, or be financially interested, directly or indirectly, in the sale to the City
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of any land, materials, supplies or services, except on behalf of the City or in compliance with the
provisions of the City of Denton's Personnel Policies and Procedures Manual. Any violation of
this provision shall render this Agreement voidable at the discretion of the City.
ARTICLE 10. Compliance with Laws
The Consultant shall comply with all applicable local, state and federal laws, rules and regulations.
ARTICLE 11. Discrimination Prohibited
In performing the services required hereunder, the Consultant shall not discriminate against any
person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap.
ARTICLE 12. Notice
All notices, communications and reports required or permitted under this Agreement shall be
personally delivered or mailed to the respective parties by depositing same in the United States
mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing
To City: To Consultant:
City Manager
CapitalEdge Strategies, LLC
1212 New York Avenue NW, Suite 250
Contract 6580
Washington, DC 20005
215 E.McKinney St.,
Denton, TX 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is given, or
ARTICLE 13. Venue
The laws of the State of Texas shall govern this Agreement without regard to the conflict of
laws, and any cause of action arising under this Agreement shall lie exclusively in a court of
competent jurisdiction sitting in venue as Denton County, Texas.
ARTICLE 14. Assignability
Consultant understands that this Agreement is personal as to the Contractor and the Contractor
shall not assign or transfer any interest in this Agreement (whether by assignment, transfer,
novation or otherwise) without the prior written consent of the City.
ARTICLE 15. Modification
No waiver or modification of this Agreement or of any covenant, condition, or limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith,
and no evidence of any waiver or modification shall be offered or received in evidence in any
proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or
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obligations of the parties hereunder, and unless such waiver or modification is in writing and duly
executed; and the parties further agree that the provisions of this section will not be waived unless
as set forth herein.
ARTICLE 16. Severability
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be
invalid or unenforceable, it shall be considered severable from the remainder of this Agreement
and shall not cause the remainder to be invalid or unenforceable.
ARTICLE 17. Right to Audit
The City shall have the right to audit and make copies of the books, records and computations
pertaining to this agreement. The Consultant shall retain such books, records, documents and other
evidence pertaining to this agreement during the contract period and five years thereafter, except
if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept
until all audit tasks are completed and resolved. These books, records, documents and other
evidence shall be available, within 10 business days of written request. Further, the Consultant
shall also require all Subcontractors, material suppliers, and other payees to retain all books,
records, documents and other evidence pertaining to this agreement, and to allow the City similar
access to those documents. All books and records will be made available within a 50 mile radius
of the City of Denton. The cost of the audit will be borne by the Consultant unless the audit reveals
an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost
of the audit, including any travel costs, must be borne by the Consultant which must be payable
within five business days of receipt of an invoice. Failure to comply with the provisions of this
section shall be a material breach of this contr
grounds for termination thereof. Each of the terms "books", "records", "documents" and "other
evidence", as used above, shall be construed to include drafts and electronic files, even if such
drafts or electronic files are subsequently used to generate or prepare a final printed document.
ARTICLE 18. Registration Requirements
Texas ethic laws require Consultant to disclose his representation of the City and to report certain
moneys paid for some of the activities to be conducted under this Agreement. Consultant will
comply with all rules regarding such disclosure and shall communicate with the City prior to filing
such disclosures. In addition, if the Consultant performs any lobbying for the City with any local
jurisdiction, it is the responsibility of the Consultant to properly register and comply with all local
lobbying ordinances. Consultant agrees not to engage in any activity on behalf of the City, which
is contrary to any Federal, State, or local law or regulation. Furthermore, Consultant agrees not to
make or offer any gifts or gratuities to any public official on behalf of the City.
ARTICLE 19. Entire Agreement
This Agreement, along with the RFP 6580, which is on file in the City of Denton Purchasing
are incorporated herein, constitute the complete and final expression of the agreement of the parties
In the event of conflict between the Agreement Documents, the
controlling terms will be in the following order of precedence: (1) this Agreement; (2) the RFP
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change or affect the terms, conditions or specifications stated in this agreement. All change orders
to the Agreement will be made in writing by the City and approved by the City Council.
ARTICLE 20. Statutory Requirements
By executing this Agreement below in conformance with Sec. 2270.001 of the Texas Government
Code, the Consultant verifies that the Consultant: (1) does not boycott Israel currently; and (2) will
not boycott Israel during the term of this Agreement with the City of Denton. The Consultant
further certifies that the Consultant does not and will not engage in business with Iran, Sudan, or
a Foreign Terrorist Organization as defined under Section 2252.151 of the Texas Government
Code, and is not listed on the website of the Comptroller of the State of Texas concerning the
listing of companies for that purpose. Consultant further certifies that should it enter into a contract
with an entity or individual that is on said listing of companies which do business with Iran, Sudan
or any Foreign Terrorist Organization, it will immediately notify the City of Denton.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and Consultant has executed this Agreement
through its duly authorized undersigned officer on this date ____________________.
CITY OF DENTON, TEXAS
__________________________________
TODD HILEMAN, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: __________________________________
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: __________________________________
CapitalEdge Strategies, LLC
CONSULTANT:
BY: _______________________________
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Legislative and Grants Research Assistant February 2016 – Present
Office of Presidential Correspondence Intern Aug. 2016 – Jan. 2017
(on leave from CapitalEdge)
Legislative and Communications Intern September 2015 – February 2016
Legislative and Communications Intern July - September 2015
Volunteer July - November 2012
International Public Service Fellow June - August 2014
Participant April 16 - 19 2015
cum laudeSeptember 2011 - June 2015
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Exhibit A
TEXAS CITIES
LEGISLATIVE
COALITION
W ASHINGTON R EPORT
Volume 23, Issue 4
January 27, 2017
EXECUTIVE ORDERS FOCUS ON CAMPAIGN PROMISES
EXECUTIVE ACTIONS ..................... 1
INFRASTRUCTURE .......................... 2
EXECUTIVE ACTIONS
IMMIGRATION & FEDERALISM ....... 3
President spends busy first week issuing directives addressing campaign promises. In his
TELECOMMUNICATIONS ................ 4
first full week as President, Donald Trump used the power of his pen to make several high-
GRANTS & NOTICES........................ 6
profile orders designed to address issues he had stressed during his campaign. While the
effectiveness of these orders is in question, they have established the President’s intent to
move quickly on matters of interest, and in some cases, attempt to bypass Congress.
The orders came in the form of Executive Orders and Presidential Memoranda, the
differences between the two being relatively minor and both hold the force of law over the
Executive Branch.
Executive Orders included:
Archives& Funding Chart at:
http://www.capitaledge.com
Construction of a wall along the U.S.-Mexican border (Congress must
appropriate the funds for the multi-billion-dollar project),
password: capitaledge
Enforcement of federal immigration law, including withholding federal funding
to so-called “sanctuary cities” (see related story below),
Twitter
Expedite environmental reviews and approvals for infrastructure projects
designated as “high priority” by the White House (Presidents Obama and Bush
TCLC
issued similar Orders but had limited success in accelerating the National
Washington Office
Environmental Protection Act process), and
Allow federal agencies to “minimize… the burdens” of the Affordable Care Act
Ralph Garboushian
pending repeal by Congress (there is much debate over how much impact this
ralphg@capitaledge.com
will have).
Amy Jo Jacobsen
Presidential Memoranda included:
jacobsen@capitaledge.com
Joy Grewatz
Streamlining permitting and reducing regulatory burdens for domestic
grewatz@capitaledge.com
manufacturing facilities,
Allowing construction of the Dakota Access and Keystone XL pipelines,
Requiring “Buy America” provisions regarding construction of American
1212 New York Ave NW
Suite 250
pipelines (this may violate World Trade Organization rules, however),
Washington, DC 20005
Freezing all non-defense related federal hiring,
Withdrawal of the United States from the Trans-Pacific Partnership
(202) 842-5430
negotiations and agreement,
Fax: (202) 842-5051
Prohibiting federal funding for international organizations that provide abortion
counseling, and
http://www.capitaledge.com
Freezing all new and pending federal regulations pending review.
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Between the two, it appears that the Presidential $130 billion for repairing and expanding
Memoranda will have more of an immediate impact than the transit,
Executive Orders, as many address Obama Administration $30 billion for improving airports,
actions that required no congressional involvement. $10 billion for ports and waterways, and
st
$100 billion for 21 Century Energy
In addition to the Orders and Memoranda, The Trump Infrastructure.
Administration has also undertaken less formal
administrative actions, such as the instructions to the The proposal is not expected to garner much support from
Environmental Protection Agency to temporarily prohibit the congressional Republicans, although key GOP legislators
awarding of grants or contracts. Reports are that the EPA have endorsed the idea of direct federal spending, just not
freeze could be lifted as early as today. $1 trillion. In addition, the idea of using “repatriated” funds
from the return of U.S. company profits currently overseas
Meanwhile, Congress continues to consider the President’s also has some support among Republicans, although that
nominees for Cabinet positions. Thus far, James Mattis at debate would be part of a larger, more complicated
Defense, John Kelly at Homeland Security, Mike Pompeo at comprehensive overhaul of the tax system. Additional
the CIA, and Nikki Haley at the United Nations have been information on the Senate Democrat plan can be found
confirmed by the Senate. Elaine Chao at Transportation, here:
Ben Carson at HUD, and Wilbur Ross at Commerce appear http://bit.ly/2ka02XU.
to be next in line for Senate floor consideration.
In a related event, the existence of a list of 50 large-scale
While Senate Democrats are taking all their allotted time in infrastructure projects across the country is being reported
vetting the Trump nominees and questioning them rigorously by news outlets this week. The list appears to have been
in hearings, it does not appear that any of his slate will have compiled by the National Governors’ Association and
trouble ultimately being approved. Republicans hold a 52-48 presented to the Trump transition team in December.
majority in the Senate, and nominees will not need 60 votes Trump transition officials denied seeing the list earlier this
for approval due to a 2013 rule change in that chamber that week, while congressional sources claim that the list has
prevents filibusters of Cabinet appointees. been circulating among the Trump team. Look at the list
here if you wish, but please do not consider it to be
INFRASTRUCTURE
endorsed by the Trump Administration or Congress:
Senate Democrats propose $1 trillion infrastructure plan; http://bit.ly/2kBoLWd.
Chao confirmation close. Senate Democrats offered a plan
this week to spend $1 trillion in direct federal spending on President Remarks on Infrastructure
transportation and other infrastructure projects over 10 For his part, Trump is reportedly unhappy that House
years. The proposal is designed as early engagement with Speaker Paul Ryan (R-WI) did not include infrastructure in
th
President Trump, whose own $1 trillion infrastructure plan is his priorities for the “first 200 days” of the 115 Congress.
said to rely heavily on tax breaks for private investment, as At a GOP congressional retreat this week, Trump
opposed to direct federal spending. mentioned that he wants to fix existing infrastructure first
before diving into new projects:
The Democrats’ plan does not provide specifics on revenue
to fund the proposal, nor does it name specific projects to “Our infrastructure is in serious trouble. We will
fund. Some of the sixteen spending categories in the plan build new roads and highways and tunnels and
include:airports and railways across the nation. We will fix
our existing product before we build anything
$100 billion for roads and bridges, brand new, however. We have to fix what we
$100 billion to “revitalize America’s Main have. It's a mess. So we're going to fix it first. The
Streets”,thing I do best in life is build. We will fix it first
$10 billion for the TIGER discretionary grant 'cause we have a lot of things that are in bad
program,shape."
$110 billion for water and sewer systems,
$50 billion for modernizing rail infrastructure,
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Senate Panel Approves DOT Nominee immigrants that are authorized by law;
Meanwhile, the Senate Commerce, Science and Hire 10,000 new immigration and customs
Transportation Committee approved the nomination of officers, subject to available appropriations;
Transportation Secretary-nominee Elaine Chao this week by Eliminating the Obama Administration’s
voice vote. The full Senate is expected to vote on the Priority Enforcement Program and reinstating
nomination of Chao on January 31, and she should be the Bush Administration’s Secure
approved easily, if not unanimously. Chao will be central to Communities Program;
Trump’s infrastructure plans. Directing the Attorney General and the
Secretary of Homeland Security to designate
IMMIGRATION & FEDERALISM
‘sanctuary jurisdictions’ and withhold federal
Trump issues Executive Order targeting ‘sanctuary’ cities. In grants from those jurisdictions;
an effort to quickly fulfill a campaign promise, President Directing the Secretary of Homeland Security
Trump signed an Executive Order this week designed to to compile and make public, on a weekly
expedite the deportation of certain classes of undocumented basis, a comprehensive list of criminal actions
immigrants and to punish state and local governments that committed by undocumented immigrants and
he argues obstruct federal immigration authorities.any jurisdiction that ignored or otherwise
failed to honor federal immigration detainers
Titled Enhancing Public Safety in the Interior of the United with respect to those undocumented
States, the Order’s stated purpose is to: “Direct federal immigrants;
executive departments and agencies to employ all lawful Directs the Office of Management and Budget
means to enforce the immigrations laws of the United to obtain and provide relevant information
States.”about federal grant funds received by any
‘sanctuary’ jurisdictions;
It follows that statement by arguing that although federal law Creates an Office of Crimes Committed by
provides a framework for federal-local cooperation, the Removable ‘Aliens’ within Immigration and
“federal government has failed to discharge this basic Customs Enforcement charged with assisting
sovereign responsibility”. Expanding blame beyond federal victims and providing quarterly reports about
agencies, the Order argues that:the “effects of victimization” of crimes
committed by undocumented immigrants;
“Sanctuary jurisdictions across the United States Directs the Secretary of Homeland Security
willfully violate federal law in an attempt to shield and the Attorney General to collect data and
‘aliens’ from removal from the United States. These provide quarterly reports on the immigration
jurisdictions have caused immeasurable harm to the status of all undocumented immigrants
American people and to the very fabric of our incarcerated by federal, state, and local
Republic”.prisons and jails;
Directs the Attorney General and the
Specific policies outlined in the Order include: Secretary of Homeland Security to develop
and implement a program that ensures that
Directing federal agencies to “employ all lawful adequate resources are devoted to the
means to ensure the faithful execution of the prosecution of criminal immigration offenses
immigration laws of the United States”; and to develop a strategy to reduce violent
Prioritizing the removal of undocumented crime and the reach of transnational criminal
immigrants who are criminals and of new organizations in the United States;
arrivals who do not have permission to enter the Directs the Secretary of Homeland Security
United States, including refugees and people and the Secretary of State to discontinue
seeking political asylum; granting visas to nationals of a country
Ordering the Department of Homeland Security denying or delaying accepting an
to issue guidance and promulgate regulations to undocumented immigrant who is a citizen or
ensure the assessment and collection of all national of that country upon the request of
fines and penalties from undocumented the United States, as appropriate; and
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Directs the Secretary of State to ensure that The White House posted the Executive Order on its
diplomatic efforts and negotiations with other website:
countries include as a condition the acceptance http://bit.ly/2jybzNG.
by those foreign states of their nationals who
are subject to removal from the United States. A detailed summary of the Executive Order:
http://bit.ly/2kayDFe.
The Order drew strong rebukes from local elected officials
TELECOMMUNICATIONS
and from human rights and immigrant advocacy
organizations. In addition, some legal experts questioned Preemption threat avoided in Senate for now, but the
the extent to which the Administration will be able to fulfill challenges to local authority are just getting started. The
some of the policy goals outlined in the Order. For example, Senate Commerce, Science, and Transportation
hiring 10,000 new immigration and customs officers can only Committee approved a spectrum reallocation legislation (S
happen if Congress appropriates funding for immigration 19 – The Mobile Now Act) this week. The bill is similar to
and customs agencies that accommodates that level of legislation that the Committee approved last year. Facing
staffing. At a more complicated level, many legal experts a packed agenda that included several bills, approving the
question whether taking punitive actions against ‘sanctuary’ Committee’s rules and subcommittee assignments, and
jurisdictions will stand up to legal challenges. (Indeed, some voting on two cabinet appointments, the Committee did
legal experts argue that provision of law cited in the not take up many amendments.
Executive Order, 8 USC 1373, might itself not pass
Constitutional muster.) In addition, many critics argue that So, Senator Dan Sullivan (R-AK) did not offer his
this Executive Order, like the others the White House issued amendment to preempt local zoning and rights-of-way
this week, was prepared hastily without input from relevant management authority over cell phone facilities. However,
agencies and other experts, making it more vulnerable to Sullivan reportedly plans to offer his amendment when the
legal challenges and generally more difficult to translate into Senate takes up S 19. Local government concerned about
concrete policy outcomes. the amendment should plan on contacting their senators
ahead of that vote; this office will give notice when that
Nevertheless, the Executive Order could create challenges happens.
for local governments. For example, even if the punitive
actions the Order outlines against ‘sanctuary’ jurisdictions The Sullivan Amendment is similar to language that was
are eventually struck down by the Courts, in the short term included in the first discussion drafts of the bill that the
local governments could face the loss of federal grants. The Committee approved last year. The preemption language
Order gives the Secretary of Homeland Security and the was taken out of last year’s bill before it was formally
Attorney General broad latitude to determine which introduced.
jurisdictions are not complying with 8 USC 1373. In addition,
it does not make clear which grants would be withheld from The Sullivan Amendment would:
those jurisdictions they dub as ‘sanctuary’ jurisdictions. So, Significantly expand the Communication Act’s
in the short term, while cases are making their way through standard regarding “unreasonable
the Courts, cities could face a sudden loss of federal grants. discrimination”, which prohibits local
Even if Courts granted stays, the process could create governments from treating providers
considerable uncertainty in local government budgeting. differently, to preempt any local requirements
that have the effect of prohibiting the
It is important to note that under the Executive Order, provision of wireless service or the ability of
participation in Secure Communities remains voluntary (as “any entity to provide any service in support of
was participation in the Priority Enforcement Program). In personal wireless service”,
addition, under the Executive Order, the federal government Impose the most conservative interpretation
still cannot compel any local government to have their police of the FCC’s “shot clocks”, which require local
officers perform the duties of federal immigration officers. government action on a permit application for
Any such program requires a written agreement and the full the placement of wireless infrastructure within
consent of the local government. 60 days, and apply it collectively to all
proceedings required for the approval of the
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request, with all applications deemed granted if His official biography on the FCC website
the local government fails to meet that deadline, (http://fcc.us/2kCdEfs) includes a statement about his
Preempt local government ability to require general views on local government authority:
removal or replacement of wireless facilities due
to “the passage of time” or “the availability of It \[the FCC\] must create a roadmap for state and
alternative technology or design”, local governments so that companies that want to
Prohibited local government from requiring compete in the broadband market don’t have to
information to evaluate a provider’s claim that jump through unnecessary regulatory hoops in
there is “gap in coverage” when evaluating an order to lay fiber to consumers. It must promote
application for wireless infrastructure common-sense policies like “Dig Once” and
placement, and reform pole attachment rules to reduce the costs
Prohibit local governments from governing the of building digital networks. It must streamline the
size or placement of emergency backup power process for deploying wireless infrastructure, from
systems that comply with federal and state big towers to small cells.
environmental regulations.
In a speech to the Competitive Carriers Association last
The Sullivan Amendment comes a few weeks after the September (http://fcc.us/2jFRUvc), Pai expanded on these
Federal Communications Commission (FCC) issued a notice views, laying out specifically how the Commission should
inviting comments on how the Commission might preempt act to preempt local governments:
local authority to help spur wireless deployment. The FCC
action, the Sullivan Amendment, and preemption efforts in First, the FCC must aggressively use its legal
several states signal that industry has launched a authority to make sure that local governments
multipronged attack on local authority that will pose a major don’t stand in the way of broadband deployment.
challenge to local governments in the coming months and That means taking a fresh look at section 253 of
years.the Communications Act and preempting state
and local regulations that prohibit or have the
The extent of that challenge grew when President Trump effect of prohibiting the provision of service. It
this week appointed FCC Commissioner Ajit Pai as means looking at section 332(c)(7) of the
Chairman of the Commission. Since he has already been Communications Act and section 6409 of the
approved by the Senate, Pai takes up his position as Spectrum Act, where Congress clearly and
Chairman immediately. In addition, he will have a 2-1 specifically granted the Commission the power to
majority, meaning that he will be able to move his agenda remove barriers to infrastructure deployment.
relatively easily. (There are two vacancies on the
Commission, one Republican and one Democratic.) It’s time for us to fully use those authorities to
preempt barriers to broadband deployment. For
Most media reports about Pai’s appointment have focused example, the FCC has already established a shot
on his opposition to recent FCC policies enacted by its then clock within which local governments are
Democratic majority, included rules regarding network supposed to review wireless infrastructure
neutrality, Internet privacy, and the expansion of the Lifeline applications. But if a city doesn’t process the
Program to direct billions of dollars to broadband access at application in that timeframe, a company’s only
schools and libraries. However, Pai, whose resume includes remedy is to file a lawsuit. We should give our
a stint as Associate General Counsel at Verizon and as a shot clock some teeth by adopting a “deemed-
staff person for the Senate Judiciary Committee, has also grant” remedy, so that a city’s inaction lets that
regularly expressed strong opinions that local government company proceed.
regulations are a barrier to broadband and advanced
wireless deployment and that the Commission must act Second, the FCC needs to reform its rules
strongly to preempt local government authority to manage governing pole attachments. We need to bring
public rights-of-way and other locally-owned infrastructure down the costs that ISPs currently pay to attach
and to collect compensation for their use and management.fiber, coax, and other infrastructure to utility poles.
We should exclude capital expenses from the
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pole attachment formula and re-examine the Department of Justice
reasonableness of costs charged by pole owners for The Bureau of Justice Assistance announced the
preparing poles, ducts, conduits, and rights-of-way availability of $7 million for its FY 2017 Comprehensive
for pole attachments. And where our authority is Opioid Abuse Site-based Program. Applications are due
lacking—say, poles owned by governments or April 25:
railroads—Congress should expand it. http://bit.ly/2jxdynC
100 Resilient Cities
Third, the FCC should develop a model code for
cities and towns that want to encourage broadband 100 Resilient Cities released the report titled, “Catalyzing
deployment and competitive entry. To do this, we the Urban Resilience Market” on water management, big
should establish a new advisory committee, a data management, innovative financing, and technologies
Broadband Deployment Advisory Committee, and for community engagement:
ask it to draft for the Commission’s consideration a http://bit.ly/2jmuqdt
model code covering local franchising, zoning,
American Legion Child Welfare Foundation
permitting, and rights-of-ways regulations. Its
approach should be forward-looking. It should The American Legion Child Welfare Foundation is seeking
recommend to the FCC an appropriate shot clock applications for its competitive grant program to award
for local action. It should consider what fees are grants to child welfare organizations to disseminate
reasonable. It should recommend allowing ISPs to information about new programs to benefit children.
hire certified, private safety inspectors to speed up Applications are accepted on a rolling basis:
the work of deployment.It should examine how to http://bit.ly/1UcX01C
ensure new entrants get speedy access to poles
US Conference of Mayors
and conduit. It should identify categories of
deployments, particularly wireless, for which there The Conference of Mayors announced the availability of
should be minimal regulatory hoops for providers to $3 million through its CommunityWINS Grant Program to
jump through.provide grants to nonprofits to promote long-term
economic prosperity and wellness in communities.
Applications are due March 17:
Fourth, it’s time for the federal government to do its
part to speed up the deployment of broadband on http://bit.ly/1Qx9ZXc
federal lands.
US Water Alliance
Fifth, we must make “dig once” a central tenet of our The US Water Alliance is seeking applications for the
nation’s transportation policy. The concept is simple 2017 US Water Prize competitive grant program that will
enough: Every road and highway construction award five prizes to organizations and individuals to
project should include the installation of the conduit advance water resource management strategies.
that can carry fiber optic cables. This step could go Nominations are due March 8:
a long way in lowering the cost of broadband http://bit.ly/1MSPgPF
deployment.
GRANTS & NOTICES
Department of Commerce
The National Institute of Standards and Technology
released proposed updates to Cybersecurity Framework:
http://bit.ly/2ePWDZM
Department of Housing and Urban Development
HUD announced the expansion of the Moving to Work
demonstration program to support public housing agencies:
http://bit.ly/2j3meSJ
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TEXAS CITIES
LEGISLATIVE
COALITION
W ASHINGTON R EPORT
Volume 23, Issue 17
May 26, 2017
TRUMP ISSUES DETAILED FY 2018 BUDGET
CONGRESS ...................................... 1
BUDGET ............................................ 2
CONGRESS
INFRASTRUCTURE .......................... 3
Legislative agenda faces many hurdles. Congress enters its summer months far behind
IMMIGRATION ................................... 4
the schedule that both the White House and congressional leadership had hoped to
GRANTS & NOTICES........................ 5
achieve by now. While the gridlock is not unusual, particularly for the last several years,
Republicans leaders had hoped that having a Republican in the White House again would
smooth passage of their agenda.
Reasons for the lack of output range from investigations into presidential campaign
activities, delays in filling important Executive Branch jobs, internal disagreements among
Republicans in Congress, and a closely divided Senate where Democrats can block
consideration of many bills. Some of the high-level issues include:
Archives& Funding Chart at:
Health Care
http://www.capitaledge.com
Republicans are using a parliamentary procedure known as “reconciliation” to speed
approval of the repeal of the Affordable Care Act. However, the measure recently
password: capitaledge
approved by the House would not pass the Senate even by a simple majority if a vote were
held today. A group of GOP Senators is reportedly working on an alternative but there is
Twitter
not much confidence that consensus can be achieved. A Congressional Budget Office
estimate that 23 million would be uninsured if the House-approved bill became law did not
TCLC
help advocates of that measure. Democrats have thus far been excluded from talks in the
Washington Office
Senate.
Ralph Garboushian
Tax Reform
ralphg@capitaledge.com
Tax reform has been the ultimate goal for House Speaker Paul Ryan (R-OH), and he and
his caucus had hoped to approve health care first in order to reap the benefits of the hefty
Amy Jo Jacobsen
tax cuts in the ACA repeal measure. If the health care measure were to become law, it
jacobsen@capitaledge.com
would include $1 trillion in tax cuts that would not have to be offset in a separate tax bill.
Joy Grewatz
While the House Ways and Means Committee appears to be close to unveiling a bill, its
grewatz@capitaledge.com
future is unclear, as its centerpiece offset is expected to be a “Border Adjustment Tax,” or
tax on imports, that the White House has publicly opposed. Some Members of Congress
now openly talk about not completing tax reform until 2018.
1212 New York Ave NW
Suite 250
Washington, DC 20005
(202) 842-5430
Fax: (202) 842-5051
Congress is in recess next week; we will send the next
issue of the weekly report on June 9.
http://www.capitaledge.com
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Infrastructure Low Income Home Energy Assistance Program at
The President this week released a brief outline of what he HHS,
sees to be the main components of a ten year, $1 trillion Community Services Block Grant at HHS,
infrastructure plan. As expected, the focus would be on TIGER Discretionary grant program at DOT,
private investment, with only about $200 billion in federal State Criminal Alien Assistance Program at Justice,
spending included. White House officials are hoping to send Legal Services Corporation at Justice,
some legislative proposals to Congress in the fall. The issue Institute of Museum and Library Services, and
appears to be stuck in line behind health care and tax Corporation for Public Broadcasting.
reform even though many observers believe that
infrastructure might be the President’s best path to a Only three federal departments would receive increases in
legislative victory. See related story below. the Trump proposal – Defense (+9%), Homeland Security
(+7%), and Veterans’ Affairs (+6%). The hardest hit
Budget agencies would be EPA (-31%), State (-29%), and
The only true “must pass” legislation each year, approval of Agriculture and Labor (-21% each).
an FY 2018 budget prior to the start of the new fiscal year
on October 1 appears to be a near impossibility. President The Budget also outlines $1.7 trillion in cuts to entitlement
Trump has proposed a FY 2018 budget that includes deep programs over the next decade. It assumes the passage
cuts to domestic discretionary programs that are likely to be of the House-passed health care bill, resulting in turning
unacceptable to Congress and he has indicated that a Medicaid into a block grant for savings of $610 billion over
government shutdown in the fall might be necessary to 10 years, plus another $250 billion in reduced health care
accelerate changes in the current congressional system spending from reduced subsidies.
(most believe he was referring to the 60 votes necessary to
break a filibuster in the Senate). Add to that the specter of a Other cuts over the next decade would include $193 billion
battle between the White House and conservative House for Food Stamps (with those costs passed on to the
Republicans over an increase in the debt limit, and chances states), $22 billion in Temporary Assistance for Needy
for an easy budget season have been extinguished. See Families, and the elimination of contributions from Fannie
related story below. Mae and Freddie Mac profits to the Housing Trust Fund
and the Capital Magnet Fund for a savings of $2.8 billion.
Both the House and Senate are in recess for Memorial Day
week and both will return to Capitol Hill the week of June 5. Response to the Trump budget proposal from Congress
ranged from outrage (from Democrats) to concern (from
BUDGET
Republicans). It is not likely that all of the President’s
White House releases detailed FY 2018 budget request. The recommendations would become law. However, that does
Trump Administration unveiled a detailed FY 2018 budget not mean that endangered programs are out of the woods.
request this week, and there were few surprises in the Pressure to stay below pre-determined budget caps will
document that builds on the budget outline the White House make it difficult for Congress to fund all programs at or
released in March. near their current levels.
The budget proposal recommends steep cuts, and even Partisan differences, combined with a very slow start to
elimination, for a number of non-defense discretionary the FY 2018 budget season makes it highly unlikely that
programs in order to fund a proposed $54 billion increase in all 12 appropriations bills that compose the budget will be
Defense Department programs. Among those programs and considered individually by the House and Senate. In fact,
agencies marked for elimination include: some Republican appropriators are already promoting
moving a 12-bill “omnibus” appropriations bill prior to the
Community Development Block Grant program at HUD, August recess. While the House could go that route, it
HOME Investment Partnerships program at HUD, would likely include some objectionable cuts to domestic
Economic Development Administration at Commerce, discretionary programs and face a tough road in the
National Corporation for National and Community Senate.
Service (AmeriCorps),
National Endowments for the Arts and Humanities, On top of that, the White House budget office has
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indicated that Congress may need to consider an increase in of principles. Transportation Secretary Elaine Chao said
the debt limit prior to August. House conservatives have the Administration will be sending a legislative package to
threatened to withhold their vote for a debt limit increase Congress later this year. The Administration indicated that
unless federal spending is sharply reduced. Without those it will be reevaluating the role for the Federal government
votes, House GOP leaders would have to rely on Democrats in infrastructure investment, since they do not believe that
to raise the debt limit, giving that group leverage that the more Federal funding is the solution, and that emphasis
minority party usually does not enjoy in the House. should be placed on incentives, procedures, and policies
to spur better infrastructure decisions.
INFRASTRUCTURE
DOT budget request includes outline of infrastructure While the 2018 budget suggests $200 billion over the next
package. The President’s FY 2018 budget proposal for the ten years for the infrastructure initiative, the funds are to
Department of Transportation (DOT) adhered to the same be used for incentivizing non-federal funding to bring total
recommendations the White House outlined in March and investments to the $1 trillion number the White House has
added a six-page outline of a $1 trillion infrastructure touted. The following are some “Key Principles” outlined in
package that would include $200 billion in direct federal the Infrastructure Initiative Fact Sheet:
spending over the next 10 years.
Make Targeted Federal Investments. Focusing Federal
The DOT budget proposal would honor the FAST Act dollars on the most transformative projects and processes
authorized funding levels for highway and transit programs, stretches the use and benefit of taxpayer funds.
equating to approximately a 2% increase over current levels.
As expected the budget focuses its suggested cuts on DOT Encourage Self-Help. Localities are better equipped to
programs funded outside of the Highway Trust Fund, understand the right level – and type – of infrastructure
including elimination of the popular TIGER discretionary investments needed for their communities.
grant program, the Capital Investment Grant Program (New
Starts/Small Starts), the Essential Air Service Program at Align Infrastructure Investment with Entities Best
FAA, Restoration Enhancement grants at FRA, and funding Suited to Provide Sustained and Efficient Investment.
for Amtrak long-distance routes. The Federal Government provides services that non-
Federal entities, including the private sector, could deliver
The DOT budget also proposes funding levels for new more efficiently. The Federal Government can also be
intercity rail grant programs created by the FAST Act well more efficient about disposing underused capital assets.
below their authorized levels, including $25 million for the
Consolidated Rail Grants Program (authorized at $230 Leverage the Private Sector. The private sector can
million) and $26 million for the Good Repair Partnership provide valuable benefits for the delivery of infrastructure,
Grants Program (authorized at $175 million). through better procurement methods, market discipline,
and a long-term focus on maintaining assets.
In another nod towards privatization, the FY 2018 budget
outlines a plan to transfer responsibility over air traffic Examples of funding proposals the Administration will be
control from the FAA beginning in 2021. House pursuing in the Infrastructure Initiative are the following:
Transportation & Infrastructure Committee Chairman Bill
Shuster (R-PA) was pleased to see this proposal included, Expand the TIFIA program at DOT,
as his plans to privatization air traffic control have been met Lift the cap on private activity bonds,
with resistance by his House and Senate colleagues. Incentivize innovative approaches to congestion
mitigation,
Congress is not expected to go along with the proposed cuts Liberalize tolling policies,
to DOT, similar to its reaction to the President’s FY 2017 Fund the Water Infrastructure Finance and Innovation
proposals. Act program at EPA,
Encourage the use of Army Corps of Engineers
President’s Infrastructure Initiative Short on Details. While Contributed/Advanced Funding Authorities, and
the President rolled out his much anticipated Infrastructure Streamlining the environmental review and permitting
Initiative in the budget proposal, it was little more than a set processes.
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The push for infrastructure privatization does not sit well with “While the Executive Order’s definition of ‘sanctuary
either Democrats or Republicans. Republicans were more jurisdiction’ is narrow, nothing in the Executive Order limits
muted in their responses, but made it clear that the the Department’s ability to point out ways that state and
President’s Infrastructure Initiative is only a starting point local jurisdictions are undermining our lawful system of
and that Congress will have their own set of ideas.immigration or to take enforcement action where state or
A link to the Infrastructure Initiative Fact Sheet is below: local practices violate federal laws, regulations, or grant
http://bit.ly/2rdFhiv.conditions.”
IMMIGRATION Two days after the memo was issued, the Administration
It was a busy week for those tracking the issue of so-called released its FY 2018 Budget Proposal. Buried deep in the
‘sanctuary’ jurisdictions. On Monday, Attorney General Jeff Appendix to the FY 2018 Budget Proposal is proposed
Sessions issued a memo regarding enforcement of legislative language that would significantly expand the
Executive Order 13768. Two days later, the Administration scope of 8 USC 1373 to require local law enforcement to
released a FY 2018 Budget proposal that includes take a much more proactive approach to collecting and
legislative language that would significantly expand the role transmitting information about immigration status and to
of local law enforcement in immigration enforcement. The enforcing federal immigration laws.
next day, the House Judiciary Committee approved
legislation (HR 2431) that includes provisions similar to Perhaps of most concern to local governments, the
those proposed by the Administration. proposed language would expand 8 USC 1373 to
condition all Justice and Homeland Security grants on not
In the memo released on Monday, Session backtracks prohibiting a local government entity, official, or employee
considerably from previous statements made by the Trump from inquiring into or verifying information of any individual
Administration. The memo appears to have been written in custody or suspected of violating the law. In addition, it
with an eye to pending Court challenges to Executive Order would expand the scope of the law from communications
13768, Enhancing Public Safety in the Interior of the United regarding citizenship or immigration status between local
States, which the Administration issues in January, a few and federal authorities to “the nationality, citizenship,
days after President Trump took office. The Executive immigration status, removability, scheduled release date
Order’s stated purpose is to: “Direct federal executive and time, home address, work address, or contact
departments and agencies to employ all lawful means to information, of any individual in custody or suspected of a
enforce the immigrations laws of the United States.” A violation of law.” In addition, the proposed language would
central goal of the Executive Order is to direct the condition grants on maintaining custody of a person
Department of Justice and the Department of Homeland subject to an immigration detainer for 48 hours, a
Security to identify and punish, through the withholding of provision that could force local authorities to risk violating
th
federal grants, so-called ‘sanctuary jurisdictions’.the 4 Amendment’s prohibition against warrantless
detention.
In the memo, Sessions concedes that only jurisdictions that
“willfully” refuse to comply with 8 USC 1373 will be labeled a Also this week, the House Judiciary Committee completed
‘sanctuary jurisdiction’ subject to penalty under the a contentious markup of legislation (HR 2431) that would
Executive Order. That statute simply prohibits state and authorize increased funding and staffing for federal
local governments from restricting communication between immigration enforcement and would generally make it
local law enforcement and federal immigration authorities. In easier for federal immigration authorities to detain and
addition, the memo clearly states that only grants funds from deport people. The Committee approved the bill by a party
the Department of Homeland Security and the Department line vote of 19-13.
of Justice can be withheld from a jurisdiction labeled a
‘sanctuary jurisdiction’ under the Executive Order. The Title I of the bill is title “Immigration Law Enforcement by
memo is clearly designed to help the government’s case in States and Localities” and the entirety of that title focuses
the lawsuit filed against the Executive Order, which is on that issue. In what could be a troubling intrusion into
pending in District Court in California. Nevertheless, the federalism, the bill would allow state and local
memo closes on a more defiant note, stating: governments to enact, implement, and enforce criminal
penalties for being in the United States without
Contract 6580
DocuSign Envelope ID: 7FDDA183-0DC0-48AA-A6BD-507827E25A63
Exhibit A
documentation, as long as those criminal penalties do not several amendments to strip all or parts of Title I from the
exceed relevant federal criminal penalties. The bill would bill. They argue that giving involving local law enforcement
also allow state and local law enforcement to investigate, unchecked authority, with little restraint from the cities that
identify, apprehend, arrest, detain, or transfer to federal employ them, the authority to enforce federal immigration
custody people in the United States without documentation. laws, the bill would harm police-community relations and
The bill would also would require that violators of thus decrease public safety. They point to data showing
immigration law be listed in the National Crime Information that communities that participate in the 287(g) Program
Center Database, regardless of whether they are suspected generally have higher crime rates and less success with
of or have committed another crime.community policing.
It would also significantly expand the information that state Most local government and police management
and local law enforcement must provide to federal organizations and several state organizations oppose the
immigration authorities under 8 USC 1373 regarding bill, including the Major Cities Police Chief Association, US
undocumented persons in their custody, including: Conference of Mayors, National League of Cities, National
Association of Counties, and National Conference of State
Name,Legislatures. Nevertheless, we may soon see similar bills.
Address,The Senate Republican leadership is reportedly working
A physical description,with House Homeland Security Committee Chairman
The date, time, and location of the encounter and Michael McCaul (R-TX) and with the Administration on an
reason for stopping, detaining, apprehending, or immigration bill that will include ‘sanctuary jurisdiction’
arresting the person, provisions.
Driver’s license number,
GRANTS & NOTICES
The type and number of any other identification
Department of Justice
document,
License plate number of the person’s car, if applicable, The Community Oriented Policing Services (COPS) Office
A photo if available or readily obtainable, and is accepting applications for approximately $137 million in
Fingerprints, if available or readily obtainable. grant funding through the FY 2017 COPS Hiring Program
(CHP). Additional consideration will be given to
The bill requires the federal government to reimburse state applications who select one of the following focus areas:
and local governments for all reasonable costs of providing violent crime, homeland security problems, and illegal
such information but does authorize funding to do so or immigration. A 25 percent local cash match is required.
define what would constitute reasonable costs. Applications are due July 10:
http://bit.ly/2l62xv9
Similar to the language proposed by the Administration in its
Budget, HR 2431 would also expand the scope of the law The COPS Office announced the availability of $11 million
from communications regarding citizenship or immigration through its FY 2017 Community Policing Development
status between local and federal authorities. It would also (CPD) Program. A total of $7.5 million is reserved for
expand the 287(g) Program, which allows state and local preparing for active shooter situation projects. No local
law enforcement to serve as immigration enforcement match is required. Applications are due June 23:
officers, by requiring that the Attorney General approve any http://bit.ly/2qh9KMc
request to participate in the program.
The Office of Juvenile Justice and Delinquency Prevention
Under the bill, the Department of Homeland Security would is seeking applications for the 2017 Juvenile Justice
have to prepare an annual report regarding compliance with Emergency Planning Demonstration Program. The
8 USC 1373 and would also have to prepare a detailed program will provide funding up to $150,000 for projects
report about any individual jurisdiction upon the request of that create emergency preparedness plans specifically for
the House or Senate Judiciary Committee. children, youth, and families involved in the justice system.
Cost sharing is not required. Applications are due June
Committee Democrats criticized the bill’s interference with 26:
state and local law enforcement and unsuccessfully offered http://bit.ly/2r4Ra9f
Contract 6580
DocuSign Envelope ID: 7FDDA183-0DC0-48AA-A6BD-507827E25A63
Exhibit A
DOJ announced the nationwide rollout of the National Blue electronic application is now available online. Applications
Alert Network, which promotes rapid dissemination of are due June 21:
information to law enforcement, the media, and the public http://bit.ly/2qd5gpR
about violent offenders. It can also alert when an officer is
missing in connection with official duties, and it is The CDFI Fund updated the 2017 NMTC Program FAQ
operationally similar to an AMBER alert: document in response to questions raised during two May
http://bit.ly/2rmuUslwebinars for interested applicants:
http://bit.ly/2r4cgCR
Administration for Children & Families
Environmental Protection Agency
ACF is seeking applications for its FY 2017 Basic Center
Program. The program will award approximately 90 grants of EPA announced a 90-day stay on the updated emissions
$50,000-$200,000 annually for three years to community guidelines for municipal solid waste landfills issued in
organizations that provide temporary shelter and meet August 2016. EPA is reconsidering these guidelines and
immediate needs of runaway and homeless youth and their expects to prepare a proposed rule regarding the matter:
families. A 10 percent non-federal cash or in-kind match is http://bit.ly/2riolYa
required. Applications are due July 14:
http://bit.ly/2rEvUrE Federal Emergency Management Agency
FEMA issued a guidance notice on how FY 2016 Fire
ACF announced the availability of $20 million for its Prevention and Safety grants will be awarded through its
Transitional Living Program and Maternity Group Homes Assistance to Firefighters Grant Program. Of
grant programs. The goal of these programs is to help approximately 1,000 applications, FEMA anticipates it will
runaway and homeless youth ages 16-22 to establish make 100 awards totaling $34.5 million:
sustainable living for themselves and their children. A 10 http://bit.ly/2rAyTBw
percent non-federal cash or in-kind match is required.
Applications are due July 14: Small Business Administration
http://bit.ly/2rlSvcSSBA launched a new, free online training series for small
businesses about cybersecurity. The classes are first
Department of Education come, first serve and require registration:
The Office of Postsecondary Education announced the http://bit.ly/2rp8WoF
availability of $14 million for the Veterans Upward Bound
Census Bureau
Program. The program will support projects that assist
military veterans in postsecondary education programs. No New nationwide population estimates were released –
cost sharing is required. Applications are due June 21:statistics as of July 1, 2016:
http://bit.ly/2qjGRPuhttp://bit.ly/2rUHFru
Department of Labor American Foundation for Suicide Prevention
The Employment and Training Administration published The American Foundation for Suicide Prevention
updated tables defining “low income individual” qualifications is seeking Letters of Intent (LOI) for its Focus competitive
for program eligibility under the Workforce Innovation and grant program. The program will provide awards of
Opportunity Act: $500,000 per year for up to three years to support suicide
http://bit.ly/2qh9IQuprevention efforts. LOIs are due August 1:
http://bit.ly/2qr7Wvy
Department of Transportation
The Federal Railroad Administration extended the stay on a Value of Water Campaign
final rule requiring passenger railroads to develop and The Value of Water Campaign is hosting a webinar on
implement a system safety program until June 5: May 31 to discuss the findings of its March report entitled,
http://bit.ly/2pZrD21“The Economic Benefits of Investing in Water
Infrastructure”:
Department of the Treasury http://bit.ly/2s3NAte
The 2017 New Markets Tax Credit (NMTC) Program
Contract 6580
DocuSign Envelope ID: 7FDDA183-0DC0-48AA-A6BD-507827E25A63
Exhibit A
TEXAS CITIES
LEGISLATIVE
W ASHINGTON R EPORT
COALITION
Volume 23, Issue 25
August 4, 2017
CONGRESS FACES PACKED SEPTEMBER AGENDA
CONGRESS ...................................... 1
AUTONOMOUS VEHICLES .............. 1
CONGRESS
TELECOMMUNICATIONS ................ 2
Senate adjourns for summer recess. The Senate adjourned for a month-long summer
IMMIGRATION ................................... 3
recess on Thursday after a relatively quiet week that did not achieve leadership goals of
PUBLIC SAFETY ............................... 4
making progress on health care reform and the FY 2018 budget. The House started its
LAW ENFORCEMENT ...................... 4
break last week.
CLEAN AIR ........................................ 5
GRANTS & NOTICES........................ 5
The Senate did use the week to clear more than 80 Trump Administration nominees for
sub-cabinet level positions, federal judgeships, and various ambassadorships. Democrats
had been holding up many of those nominations in protest of the way that Senate
Republican leaders were rushing health care reform to the floor.
Among those approved this week were: FBI Director Christopher Wray, former Texas
Archives& Funding Chart at:
Senator Kay Bailey Hutchison as Ambassador to NATO, Neal Rackleff of Houston as
http://www.capitaledge.com
Assistant HUD Secretary for Community Planning and Development (which administers
CDBG and HOME), several important positions at the Treasury and Justice Departments,
password: capitaledge
and two commissioners at the FCC. The entire list can be found here:
http://bit.ly/2v5pIsa.
Twitter
Congress will return to Washington after Labor Day with a significant laundry list of items
TCLC
that must be approved prior to October 1, but with only 12 legislative days to complete the
Washington Office
tasks. Some of the issues that must be addressed include: the FY 2018 budget, an
increase in the debt limit, a reauthorization of programs at the Federal Aviation
Ralph Garboushian
Administration, and the National Flood Insurance Program, and the Children’s Health
ralphg@capitaledge.com
Insurance Program (CHIP).
Amy Jo Jacobsen
In addition, Republican leadership wants to move quickly on comprehensive tax reform in
jacobsen@capitaledge.com
September, and there are reports of various groups of Members trying to resurrect health
Joy Grewatz
care reform discussions.
grewatz@capitaledge.com
AUTONOMOUS VEHICLES
House panel approves autonomous vehicle measure. By a vote of 54-0, the House Energy
1212 New York Ave NW
Suite 250
and Commerce Committee approved legislation (HR 3388) that would outline a regulatory
Washington, DC 20005
framework for autonomous vehicles.
(202) 842-5430
Fax: (202) 842-5051
Congress is in recess through Labor Day; we will send the
http://www.capitaledge.com
next issue of the weekly report on September 8.
Contract 6580
DocuSign Envelope ID: 7FDDA183-0DC0-48AA-A6BD-507827E25A63
Exhibit A
According to reports, negotiations on the bill went down to some Committee Democrats share those concerns and
the wire, with the final version not posted on the are also concerned that NHTSA does not have the
Committee’s website until late in the evening before the bandwidth or resources to implement the bill.
Committee took up the bill. The bipartisan effort and
extensive stakeholder outreach to produce a bill indicate In a victory for local governments, the bill specifically
that lawmakers feel pressed to address this issue and codify states that state and local governments are allowed to set
a regulatory framework that accommodates the performance requirements higher than those set by the
development of autonomous vehicles.federal governments for vehicles they are purchasing for
their own use. In addition, is response to lobbying by local
As approved by the Committee, the bill, dubbed the SELF government organizations, the bill would require local
DRIVE Act (Safely Ensuring Lives Future Deployment and government representation on the Highly Automated
Research in Vehicle Evolution Act), would outline the federal Vehicle Advisory Council that it would establish.
and state roles in regulating autonomous vehicles. In
general, the bill would reserve the regulation of the design, The other provisions of the bill outline the regulatory
construction, and performance of autonomous vehicle for regime for autonomous vehicles, set cybersecurity
the federal government, mostly the national Highway Safety requirements for autonomous vehicles, and provide for the
Administration (NHTSA). The following areas would be the gradual deployment of autonomous vehicles, with a
domain of the state and local governments: manufacturer allowed to produce 25,000 vehicles in the
first year it obtains regulatory approval, ramping up to
Registration, 50,000 the second year and 100,000 the third and fourth
Licensing, years.
Driving education and training,
Insurance,The Senate Commerce Committee has been working on
Law enforcement, autonomous vehicle but is not likely to consider it until the
Crash investigation, fall.
Safety and emissions inspections,
Congestion management of vehicles, or TELECOMMUNICATIONS
Traffic.Court slaps down FCC cable rules; decision could have
far reaching implications on network neutrality and other
th
Many of the above provisions were added in response to controversial issues. Last month, the 6 Circuit Court of
concerns raised by local government organizations that Appeals in Cincinnati overturned Federal Communications
earlier versions of the bill would rob cities of the authority to Commission (FCC) rules that limited local government
regulate and manage city streets. However, the language ability to negotiate franchise agreements with cable
reserving those powers for state and local governments is providers.
followed by a large caveat that reads “unless the law or
regulation is an unreasonable restriction on the design, More specifically, the FCC rules:
construction, or performance of highly automated vehicles,
automated driving systems, or components of automated Allowed cable providers to deduct the cost of in-kind
driving systems.” services negotiated by a franchising authority from the
franchise payments due the franchising authority, and
The bill does not include a definition of “unreasonable Limited the ability of franchising authorities (state and
restriction” and one does not have to be a legal or regulatory local governments) to regulate the non-
expert to imagine the regulatory and legal battles that this telecommunications offerings of cable providers (the
section of the bill could spawn if it becomes law. Local “mixed-use” rule),
government organizations remain concerned that the bill Forbade franchising authorities from regulating
could compromise local authority to manage city streets for institutional networks or requiring that cable operators
safety and congestion management as well as local provide them.
government efforts to address air quality.
The ruling in the case, Montgomery County, Maryland v.
Although the Committee approved the bill unanimously, Federal Communications Commission, was a victory for
Contract 6580
DocuSign Envelope ID: 7FDDA183-0DC0-48AA-A6BD-507827E25A63
Exhibit A
local governments and local authority. which local governments use for public, educational, and
governmental programming – the FCC conceded the point
On the first issue of in-kind services, the Court excoriated and the Court accepted that concession.
the FCC, stating that:
The decision could potentially put the FCC and cable-
“…the FCC has offered no explanation as to why based Internet service providers in a bind. It has issued
the statutory text allows it to treat “in-kind” cable-proposed rules that would reclassify Internet service.
related exactions as franchise fees. The FCC Current rules classify it as Title II common carrier service,
likewise has offered no explanation as to why Local thus placing it out of reach of local regulators, particularly
Regulators’ structural arguments are, as an Internet service provided by incumbent cable providers.
interpretive matter, incorrect… Should the FCC move ahead with its reclassification, it
…if an agency wants the federal courts to adopt would allow cable franchising authorities to require that
(much less defer to) its interpretation of a statute, Internet service provided by incumbent cable providers
the agency must do the work of actually interpreting treat all traffic equally, meet minimum customer standards,
it. The FCC’s orders reflect none of that work as to and protect customer information. The FCC has been
whether “in-kind” cable-related exactions are moving to reclassify Internet service at the behest of
“franchise fees” under 541(g)(1). We therefore Internet service providers. Internet service providers
vacate, as arbitrary and capricious, the orders to the dislike the current network neutrality rules, which were
extent they treat “in-kind” cable-related exactions as issued under the current classification of the Internet as a
“franchise fees” under 541(g)(1). On remand, the Title II common carrier service. The specter of local
FCC should determine and explain anew whether, franchising authority involvement in network neutrality,
and to what extent, cable-related exactions are customer privacy, and customer service may raises new
“franchise fees” under the Communications Act. And questions for the industry.
the FCC should do so expeditiously, rather than
th
take another seven years to issue a proper order The 6 Circuit’s decision is at:
under the law.” http://bit.ly/2uS7tWB.
On the second issue regarding the “mixed-use” rule, the IMMIGRATION
Court found that the FCC order overstepped the agency’s Justice Department and Congress continue to look for
bounds when it prohibited franchising authorities from ways to punish “sanctuary cities.” Attorney General Jeff
regulating the non-telecommunications offerings of Sessions this week reportedly sent letters to four
incumbent cable providers, most of which are not primarily communities warning them that they would be ineligible for
common carrier telecommunications companies. In arguing a new Justice Department program unless they that they
the case, the plaintiffs agreed that the FCC order was are cooperating with federal immigration officials.
correct insofar as it applies to new entrant cable providers
that are primarily common carrier telecommunications DOJ told Albuquerque, Baltimore, San Bernardino, and
providers. In siding with the plaintiffs, the Court states: Stockton (CA) that their request to be including in the DOJ
Public Safety Partnership program would be denied
“In sum, the FCC’s orders offer no valid basis – unless they could show proof of compliance with federal
statutory or otherwise – for its application of the immigration law by August 18. The Public Safety
mixed-use rule to bar local franchising authorities Partnership is a new DOJ initiative that provides technical
from regulating the provision of non-assistance to state and local governments looking for
telecommunications services by incumbent cable ways to reduce crime. The letters imply that those
providers. Thus, on the record now before us, the jurisdictions in questions have policies that would define
FCC’s extension of the mixed-use rule to incumbent them as a so-called sanctuary city
cable providers that are not common carriers is
arbitrary and capricious.” Last week, Sessions released guidelines for cooperation
with federal immigration officials that local law
On the final issue of institutional networks – which link to enforcement must comply with in order to receive Byrne
community institutions such as schools and libraries and Justice Assistance Grant formula allocations:
Contract 6580
DocuSign Envelope ID: 7FDDA183-0DC0-48AA-A6BD-507827E25A63
Exhibit A
http://bit.ly/2u2HKJl.the local match, and the requirement that applicants have
sustained their fire-related programs and emergency
Meanwhile, a group of Republican Senators this week response budgets by at least 80 percent in the three
introduced legislation designed to provide additional preceding years.
resources to border security efforts that also includes
punishments for sanctuary cities. This measure, which does In FY2017, Congress appropriated $345 million for AFG
not include funding for a border wall, would deny CDBG and $345 million for SAFER. For FY2018, the House has
funds at HUD and Economic Development Administration proposed level funding and the Senate is expected to do
funds at Commerce to communities defined as sanctuary the same.
cities.
The Congressional Fire Services Institute (CFSI), the
Finally, President Trump made a public appearance with two Board of the International Association of Fire Chiefs and
Republican Senators this week to endorse their legislation to the National Volunteer Fire Council (NVFC) has all
reform the U.S. immigration process. The measure is endorsed the legislation. Similar legislation is expected to
designed to change immigration policy from what they see be introduced in the House in the near future.
as a family-based system of entry to one that is based on
skills. While a merit-based immigration system is currently LAW ENFORCEMENT
used by developed countries such as Canada, those nations Juvenile Justice Bill goes to Conference Committee. The
also admit many more immigrants than the 50,000 annually Senate approved legislation this week (S 860) that would
that the legislation would allow. modify and reauthorize juvenile justice programs and
http://bit.ly/2wea79G.activities at the Department of Justice for five years. The
House passed a similar bill (HR1809) in May, so now
The White House event came amid increasing reports that representatives of the two chambers will meet to reconcile
the U.S. Immigration and Customs Enforcement (ICE) is their differences.
increasing its arrests and deportation of illegal immigrants
who have not committed crimes while in the U.S. The Last reauthorized in 2002, the Juvenile Justice and
agency under the Obama Administration did not focus on Delinquency Prevention Act (JJDPA) authorizes federal
that population in favor of directing resources to violent funding for delinquency prevention programs, sets federal
criminals. standards for treatment of youth in the juvenile justice
system, and supports the operation of the Office of
PUBLIC SAFETY
Juvenile Justice and Delinquency Prevention (OJJDP).
Senate approves measure to reauthorize AFG and SAFER
programs. This week, the Senate unanimously passed In general, both the Senate and House bills have a strong
legislation (S 829) that would reauthorize the Assistance to focus on making the juvenile justice system less punitive
Firefighters Grant program (AFG), the Staffing for Adequate and more focused on rehabilitation, and on ensuring that
Fire and Emergency Response (SAFER) program, and Fire juvenile offenders are separated from their adult
Prevention and Safety (FP&S) grant program at the counterparts.
Department of Homeland Security through FY 2023.
Both bills would significantly change state reporting
Of particular interest, the legislation would eliminate a requirements for juvenile justice grants, with a strong
sunset provision in the original authorization for the AFG and focus on having states outline alternatives to
SAFER programs that would have ended each on January incarceration, protecting children in the juvenile justice
2, 2018. system from abuse and dangerous practices, addressing
the needs of children in the juvenile justice system
In addition, the bill includes a provision that would update suffering from mental health and substance abuse
SAFER eligibility requirements to allow grants funds to be problems, and ensuring that children in the juvenile justice
used for fire departments to change part-time or paid-on-call system are adequately represented.
firefighters to full-time firefighters. The measure would also
codify current DHS policy that permits waivers to allow for The major difference between the two bills is a provision in
the use of SAFER funds to supplant state and local funds, the House bill that would phase out valid court order
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Exhibit A
exceptions for status offenders known as change the schedule for EPA review of NAAQS from
Deinstitutionalization of Status Offenders and Valid Court every five years to every ten years. The House vote of
Orders. Senator Tom Cotton (R-AK) has objected to 229-199 to pass the bill was largely along party lines, with
language that would limit the ability of judges to lock up 4 Democrats voting yes and 11 Republicans voting no.
juveniles charged with status offenses (minor offenses such The Senate is unlikely to consider or pass HR 809 or any
as truancy, curfew violations, and drinking alcohol). similar proposal to delay or weaken ozone standards, as
Currently, the JJDPA prohibits the detention of minors for they would not be able to reach the 60-vote threshold to
status offenses, behaviors such as truancy or running away end an all-but-certain Democratic filibuster.
that are only considered offenses when committed by
minors, unless a judge issues a court order. A wide array of industry groups, led by the American
Petroleum Institute, lobbied in favor of the postponement
For funding, the Senate bill authorizes $160 million for FY while a number of state and local governments, the
2017, with a 1.5 percent increase each fiscal year for the American Lung Association, other medical associations,
five-year term of the reauthorization. The House bill would and environmental organizations lobbied against it. The
authorize $92 million for FY 2018 and FY 2019 with a 1.5% same groups faced off on either side of the debate over
increase for each additional year. HR 809.
CLEAN AIR
The decision to reverse course on the delay of the ozone
EPA backs off proposal to delay implementation of new rule was made via press release. The press release states
ozone standards. The Environmental Protection Agency that EPA “is moving forward with 2015 ozone
(EPA) announced this week that the agency will not delay designations, working with states to help areas with
implementation of a new National Ambient Air Quality underlying technical issues, disputed designations, and/or
Standard (NAAQS) for ozone. insufficient information.” However, it goes on to state that
“The Clean Air Act gives EPA the flexibility to allow one
The decision reverses a June announcement that EPA additional year for sufficient information to support ozone
would delay implementation of the new standard for one designations. EPA may take further action to use its delay
year until October 2018 and came two days after sixteen authority and all other authority legally available to the
states (New York, California, Connecticut, Delaware, Illinois, Agency to ensure that its designations are founded on
Iowa, Maine, Massachusetts, Minnesota, New Mexico, sound policy and the best available information.” The
Oregon, Pennsylvania, Rhode Island, Vermont, Washington, press release cites the issues of whether the new
and the District of Columbia) sued EPA challenging the standard was so low that some areas would violate it
delay. It also came a few weeks after the US Court of based on naturally occurring background levels of ozone.
Appeals for the District of Columbia struck down an EPA
decision to delay implementation of an Obama-era methane The June 6 EPA notice extending the deadline:
emissions rule. http://bit.ly/2wsQbza.
EPA issued a new NAAQS standard for ozone of 70 parts The June 6 EPA letter to governors about the extension:
per billion in 2015, down from the previous standard of 75 http://bit.ly/2vpSMgC.
parts per billion. Under the schedule and guidance issued by
the Obama Administration, EPA is scheduled to make The August 2, EPA announcement repealing the delay:
designations of compliance with new ozone standard this fall http://bit.ly/2u8Fe5j.
and the states are required to start developing
implementation plans for meeting the new standard in the GRANTS & NOTICES
coming years, with compliance targets ranging from 2020 to Department of Justice
2037. This week’s reversal means that the original schedule The Bureau of Justice Assistance is seeking applications
is intact. for the FY 2017 Edward Byrne Memorial Justice
Assistance Grant (JAG). Applications are due September
Last month, the House passed legislation (HR 806) that 5:
would delay the implementation of the new NAAQS for http://bit.ly/2vp13kS
ozone from 2017 until 2025. The bill would also change the
Contract 6580
DocuSign Envelope ID: 7FDDA183-0DC0-48AA-A6BD-507827E25A63
Exhibit A
The COPS Office released the August issue of its monthly e-geographic location and time period:
newsletter:http://bit.ly/2w75z57
http://bit.ly/2uqnBS3
Federal Communications Commission
Department of Housing & Urban Development
FCC announced a nationwide test of all Emergency Alert
HUD announced the availability of over $38 million in FY Systems (EAS) on September 27, 2017:
2017 funding through its Fair Housing Initiatives Program to http://bit.ly/2wbiAe1
support the enforcement of fair housing laws and policies
and educate the public, housing providers, and local National Endowment for the Humanities
governments about their rights and responsibilities under the NEH awarded over $39 million in grants for 245
Fair Housing Act. No cost sharing is required. Applications humanities projects through its third and final round of FY
are due September 18: 2017 awards:
http://bit.ly/2vwO1SOhttp://bit.ly/2f873If
Department of the Interior Small Business Administration
The National Park Service is seeking applications for its FY SBA launched a new Historically Underutilized Business
2017 African American Civil Rights (AACR) Grant program. Zones map to help small businesses determine if they are
The program will support Historical and Preservation eligible to participate in SBA’s HUBZone program:
projects up to $50,000 that document, interpret, and http://bit.ly/2u5rIPN
preserve historical sites that relate to the African American
Local Initiatives Support Corporation
struggle for equality in the 20th Century. No cost sharing is
required. Applications are due September 29. The Local Initiatives Support Corporation in partnership
Physical Preservation Projects: http://bit.ly/2vx5wRYwith the National Football League is seeking applications
Research/Documentation Projects: http://bit.ly/2vwOQu6 for the NFL Foundation Grassroots Program. General
Field Support grants of up to $50,000 are available for
Department of Transportation
capital improvement projects that provide access to clean,
The Federal Transit Administration (FTA) issued a proposed safe football fields for children in underserved
rule that would allow recipients of federal funding for public communities; Field Surface Grants of up to $250,000 are
transportation projects to request that certain FTA available to help finance the resurfacing of a community,
regulations be waived in order to encourage more private middle school or high school football field. A minimum 1:1
investment. Public comments on the proposed rule are due local funding match is required. Applications are due
September 29: October 16:
http://bit.ly/2ukYX0Hhttp://bit.ly/2wsAHvl
The Federal Aviation Administration made additional Quadratec
announcements of discretionary and entitlement grants Quadratec is seeking applications for its Energize the
through its Airport Improvement Program totaling nearly Environment grant program. The program will support one
$186 million in infrastructure grants: project up to $3,500 to pursue a program or initiative
http://bit.ly/2uV7haXdesigned to benefit the environment in the local
community. Applications are due October 30:
Department of the Treasury http://bit.ly/2oUcPzC
The Community Development Financial Institutions Fund
released a new, independent report on the New Markets Tax Target Foundation
Credit Program entitled, “Compliance Review of New Target is accepting applications for its Youth Soccer
Markets Tax Credit Program:” Grants Program that provides $1,000 grants to schools
http://bit.ly/2uqEQhVand organizations serving youth 5 to 18 years old for
player registration fees, equipment and training for
Environmental Protection Agency
volunteer coaches. Applications are due August 30:
EPA published its annual air quality report, which includes http://bit.ly/2wpB9KD
interactive graphics with detailed information by pollutant,
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DocuSign Envelope ID: 7FDDA183-0DC0-48AA-A6BD-507827E25A63
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Contract 6580
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Contract 6580
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Exhibit A
Contract 6580
DocuSign Envelope ID: 7FDDA183-0DC0-48AA-A6BD-507827E25A63
Exhibit A
Contract 6580
DocuSign Envelope ID: 7FDDA183-0DC0-48AA-A6BD-507827E25A63
Exhibit A
Contract 6580
DocuSign Envelope ID: 7FDDA183-0DC0-48AA-A6BD-507827E25A63
Exhibit A
ArmavelyFurtheringFairHousing
SummaryΑFinalRule
Overview
Atthebroadestlevel,therulewouldreplacetheAnalysisofImpedimentstofairhousing(AI)that
everyHUDgranteemustproducewithastandardizedAssessmentofFairHousing(AFH),amuch
morecomprehensivedocumentthatcallsforusingsocioeconomicandgeographicdataprovided
ngandoutlineaplanandtakeͻƒĻğƓźƓŭŅǒƌğĭƷźƚƓƭͼto
byHUDtoidentifybarrierstofairhousi
addressthem.
TheruledefinesͻğŅŅźƩƒğƷźǝĻƌǤfurtheringfairŷƚǒƭźƓŭͼas:
ͻğƉźƓŭmeaningfulactions,inadditiontocombatingdiscrimination,thatovercome
patternsofsegregationandfosterinclusivecommunitiesfreefrombarriersthatrestrict
accesstoopportunitybasedonprotectedcharacteristics.Specifically,affirmatively
furtheringfairhousingmeanstakingmeaningfulactionsthat,takentogether,address
significantdisparitiesinhousingneedsandinaccesstoopportunity,replacingsegregated
livingpatternswithtrulyintegratedandbalancedlivingpatterns,transformingracially
andethnicallyconcentratedareasofpovertyintoareasofopportunity,andfosteringand
maintainingcompliancewithcivilrightsandfairhousinglaws.Thedutytoaffirmatively
furtherfairhousingextendstoallofaprogramƦğƩƷźĭźƦğƓƷƭactivitiesrelatingtohousing
andurbanķĻǝĻƌƚƦƒĻƓƷ͵ͼ
TheruledefinesͻƒĻğƓźƓŭŅǒƌğĭƷźƚƓƭͼas:
ͻ{źŭƓźŅźĭğƓƷactionsthataredesignedandcanbereasonablyexpectedtoachievea
materialpositivechangethataffirmativelyfurthersfairhousingby,forexample,
increasingfairhousingchoiceordecreasingdisparitiesinaccesstoƚƦƦƚƩƷǒƓźƷǤ͵ͼ
InadditiontothereplacementoftheAIwiththeAFH,theothercomponentsofthenewfair
housingcomplianceregimeinclude:
Providinggranteeswithnationallyuniformdataandauniformassessmenttooltoserve
asthebasisofassessinggranteefairhousingbarriersandstrategiesforovercomingthose
barriers;
AconcretelinkbetweentheAFHandconsolidatedplans(fiveyearplansinthecaseof
publichousingauthorities;
AnemphasisonrequiringgranteestoͻƷğƉĻmeaningfulğĭƷźƚƓͼandproactivelyaddress
Contract 6580
DocuSign Envelope ID: 7FDDA183-0DC0-48AA-A6BD-507827E25A63
ArmavelyFurtheringFairHousing
Exhibit A
SummaryFinalRule
fairhousingissues,and
Afocusonregionalism,withstrongencouragementforneighboringjurisdictionsto
cooperateonajointAFHandforlocalgovernmentgranteestocooperatewithpublic
housingauthoritiesonajointAFH.
ChangesfromProposedRuletoFinalRule
PlaceBasedandMobilityBasedStrategies
Amajorchangefromtheproposedruletothefinalruleisaclarificationthattheregulationscall
forabalancedapproachtoaffirmativelyfurtheringfairhousingthatincludesmobilitybased ğƓķ
placebasedeffortstoaddressfairhousingissues.
Theclarificationisinresponsetocomments,mostlyfromHUDgrantees,thatthe
proposedruleoveremphasizedmobilitybasedsolutionstofairhousingtotheextentthat
itdevaluedorcouldbeconstruedtoprohibitinvestmentsinlowincomeneighborhoods
andinneighborhoodswithraciallyorethnicallyconcentratedareasofpoverty.
Somecommentersalsoexpressedconcernthatitcouldbeconstruedinamannerthat
constrainedeffortstomaintainandpreserveexistingunitsofaffordablehousinglocated
insuchneighborhoods.
Initspreambletothefinalrule,HUDwrites:
ͻI
5ƭrulerecognizestheroleofplacebasedstrategies,includingeconomic
development,toimproveconditionsinhighpovertyneighborhoods,aswellas
noftheexistingstockofaffordablehousing,includingHUDassistedhousing,
preservatio
tohelprespondtotheoverwhelmingneedforaffordableŷƚǒƭźƓŭ͵ͼ
OtherChangesfromProposedRuletoFinalRule
AdefinitionofͻŷƚǒƭźƓŭprogramsservingspecifiedƦƚƦǒƌğƷźƚƓƭͼtoclarifythat
participationinHUDandfederalhousingprogramsservingspecifiedpopulations(i.e.the
elderlyorthedisabled)doesnotpresentafairhousingissueofsegregation;
ClarificationthatHUDacceptanceofanAFHdoesnotmeanthatagranteehascomplied
withitsobligationtoaffirmativelyfurtherfairhousingorhascompliedwiththeFair
HousingActorothercivilrightslaws,and
NewAFHsubmissiondeadlinestohelpsmallgranteescomplywiththenewprocessand
toaccommodateanydelaysinI
5ƭfinalizationoftheassessmenttool.(HUDissueda
proposedassessmenttoollastSeptemberandexpectstofinalizeitlaterthisyear.)
AssessmentofFairHousing
The ŋ rstAFHwillbeduenolaterthan270daysbeforethebeginningoftheprogramyearfor
whichthe ŋ rstconsolidatedplanisdue.
SubsequentAFHswillbedue195daysbeforethebeginningofthenextconsolidated
planperiod(atleastevery ŋ veyearsforcollaboraveAFHs).
Contract 6580
2
DocuSign Envelope ID: 7FDDA183-0DC0-48AA-A6BD-507827E25A63
ArmavelyFurtheringFairHousing
Exhibit A
SummaryFinalRule
HUDgranteeswillusetheAFHtoassessfourfairhousingissues:
1.Paernsofintegraonandsegregaon;
2.Raciallyandethnicallyconcentratedareasofpoverty;
3.Dispariesinaccesstoopportunity;and
4.Disproporonatehousingneeds.
Programparcipantsarerequiredtosetgoalstoovercomefairhousingissuesandrelated
contribungfactors.
Thosegoalsmustinformsubsequenthousingandcommunitydevelopmentplanning
processes.
PartDescripon
PartOne:HUDprovideseachprogramparcipantwithdataandanAFHassessmenttool
ProvisionofDataand touseinassessingfairhousingissuesinitscommunity.Inaddion,HUDwill
AFHAssessmentTool providetechnicalassistancetoaidprogramparcipantsinsubmingitsAFH.
PartTwo:Analysis UsingtheHUDdata,localdataandknowledge,therequiredcommunity
parcipaonprocess,andtheassessmenttool,eachprogramparcipant
preparesandsubmitsacompleteAFHtoHUD,includingfairhousinggoals.
PartThree:HUDreviewseachAFHwithin60daysaerreceipttodeterminewhetherthe
ReviewandResponse programparcipanthasmettherequirementsforprovidingitsanalysis,
assessment,andgoalseng.HUDeitheracceptstheAFHorprovidesthe
programparcipantwrienno ŋ caonofwhytheAFHwasnotacceptedand
guidanceonhowtheAFHshouldberevisedinordertobeaccepted.HUDwill
notacceptanAFHifHUD ŋ ndsthatanAFHoraporonoftheAFHis
inconsistentwithfairhousingorcivilrightsrequirementsorissubstanally
incomplete.
PartFour:Thegoalsiden ŋ edintheAFHmustinformthestrategiesandaconsofthe
Incorporaoninto ConsolidatedPlan,theAnnualAconPlan,thePHAPlan,andtheCapitalFund
SubsequentPlanning Plan.
ProcessesandAcon
Contract 6580
3
DocuSign Envelope ID: 7FDDA183-0DC0-48AA-A6BD-507827E25A63
ArmavelyFurtheringFairHousing
Exhibit A
SummaryFinalRule
TheAFHmustinclude,ataminimum,7elements.
1.Asummaryoffairhousingissuesandcapacity,includinganyfindings,lawsuits,
enforcementactions,settlements,orjudgementsrelatedtofairhousingorothercivil
rightslaws,anassessmentofcompliancewithfairhousinglawsandregulations,andan
assessmentoftheŭƩğƓƷĻĻƭfairhousingenforcementandfairhousingoutreachcapacity.
2.AnanalysisofdatausingHUDprovideddata,localdataandlocalknowledgethatis
informativeofthefollowing:
Identificationofintegrationandsegregationpatternsandtrendsbasedonrace,color,
religion,sex,familialstatusanddisability,
Identificationofraciallyorethnicallyconcentratedareasofpoverty,
Identificationofsignificantdisparitiesinaccesstoopportunityforprotectedany
protectedclassofpeople,and
Identificationofdisproportionatehousingneedsforanyprotectedclassofpeople.
3.Anassessmentoffairhousingissuesthat,usingtheassessmenttoolprovidedbyHUD,
identifiesthecontributingfactorsforsegregation,raciallyorethnicallyconcentrated
areasofpoverty,disparitiesinaccesstoopportunityanddisproportionatehousingneeds.
4.Identificationoffairhousingprioritiesandgoalsconsistentwithelements1,2and3and
including:
Identificationanddiscussionoffairhousingissuesarisingfromtheassessment,
Identificationofsignificantfactors,prioritizationofthosefactorsandjustificationof
thatprioritizationthatthegranteewilladdressinitfairhousinggoals,and
Settinggoalsforovercomingtheeffectsofprioritycontributingfactors.
5.Strategiesandactionstoimplementgoalsandprioritiesinthegranteesconsolidatedplan
andannualplan(fiveyearplansforpublichousingauthorities).Strategiesandactions
mayinclude,butarenotlimitedto:
Enhancingmobility,
Encouragingthedevelopmentofnewaffordablehousinginareasofopportunity,and
Placebasedstrategiestoencouragecommunityrevitalization,includingpreservation
ofexistingaffordablehousing.
6.Asummaryofcommunityparticipation;thefinalruleincludesadetailedoutlinethat
granteesmustfollowtomaximizecommunityandpublicparticipationintheAFH.
7.AreviewoftheprogressachievedsincethesubmissionofthepreviousAFH.
Data/ProposedAssessmentTool
Basedonareviewofthefinalruleanditsaccompanyingbackgroundmaterials,thedatawill
Contract 6580
4
DocuSign Envelope ID: 7FDDA183-0DC0-48AA-A6BD-507827E25A63
ArmavelyFurtheringFairHousing
Exhibit A
SummaryFinalRule
perhapsbethekeystoneofthenewAFHprocess;HUDwillprovidegranteesandthegeneral
publicwithdataintheformofmapsandtablescoveringalargearrayoffairhousingfactors,
including:
Integrationandsegregation,
Raciallyandethnicallyconcentratedareasofpoverty,
Accesstoassetsineducation,employment,transportation,andenvironmentalhealth,
Disproportionatehousingneeds,and
ThelocationofpublichousingandthegeographicdistributionofSection8voucherunits
andLowIncomeHousingTaxCreditprojects.
TheHUDfairhousingwebsitehasinformationabouttheproposedassessmenttoolanddetails
aboutthedataandmappingtoolthatHUDwillprovidegrantees:
http://www.huduser.org/portal/affht_pt.html.
Giventheemphasisondata,amajorchangefromtheproposedruletothefinalruleisthe
inclusionofadefinitionofͻķğƷğͼthatreferencesbothHUDprovideddataandlocaldata.
ThefinalrulealsoincludesadefinitionofͻƌƚĭğƌƉƓƚǞƌĻķŭĻ͵ͼ
Inthepreambletothefinalrule,HUDrecognizesthatlocaldataandlocalknowledgecan
provideimportantbackgroundandcontext.
However,HUDmakesclearthatitwillbefinalarbiterofwhetherlocaldataandlocal
knowledgearerelevantandappropriate.
HUDprovideddatawillbepostedonI
5ƭwebsiteandthefinalruleoutlinesthatHUD
expectslocaldatatobesimilarlyaccessibletothegeneralpublic.
CitizenParticipation&Consultation
Thefinalruleincludessignificantchangestocitizenparticipation,bothinthedevelopmentofthe
AFHandtheConsolidatedPlan.
Granteesmustdevelopacitizenparticipationplan.
Granteesmustactivelyconsultwiththehousingauthority,neighboringjurisdictionsand
representativesofprotectedpopulations.
Granteesmustactivelyconsultwithpublicandprivateagenciesthatserveprotected
populations,includingcommunitybasedandregionallybasedorganizations.
TheproposedrulesuggestedthatgranteescreateaFairHousingAdvisoryCounciltomeetthe
citizenparticipationrequirements,butwithdrewthissuggestioninresponsetocommentsthat
thesuggestioncouldleadtogranteesengagingahandpickedgroupofpeopleandavoiding
broaderstakeholderandcitizenparticipation.
Instead,HUDintendstoprovideguidancetogranteesonmodelsformeetingcitizen
participationandconsultationrequirements.
Contract 6580
5
Certificate Of Completion
Envelope Id: 7FDDA1830DC048AAA6BD507827E25A63Status: Completed
Subject: City Council Docusign Item - 6580 CapitalEdge
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