IV C.

FRESNO COUNCIL OF GOVERNMENTS LEGISLATIVE UPDATE SEPTEMBER 2016 The Legislature finished its regular session work on August 31. Since this is the end of a two- year legislative session, bills that failed to pass both houses of the Legislature will need to be reintroduced in the upcoming 2016-2017 legislative session. The Governor has 12 days to act on bills that were in his possession (“enrolled”) before September 1, and 30 days to act on bills enrolled on or after that date. Outside of the regular session, the “First Extraordinary Session on Transportation and Infrastructure Development” (the transportation special session) can continue until November 30. Bills introduced in the special session are denoted by the addition of “X1” following SB, AB, etc. (e.g. SBX1 1).

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  SIMON AND COMPANY INCORPORATED Washington Friday Report Volume XVIII, Issue 35 September 2, 2016 White House “Wish List” for Continuing Resolution I N S I D E T H I S W EEK This week, the White House Office of Management and 1 Zika and Opioids, FY17 CR, Online Sales, FTA Budget (OMB) tacitly acknowledged the strong likelihood that Congress will need to pass a short-term Continuing Resolution 2 Public Safety, Transition, Ex-Im, Addiction Recovery (CR) to keep the federal government functioning after September. The subheading of an internal document submitted 2 Grants, P3, Homeless, Kennedy-Nixon, Labor Day to Congress reads “anomalies required for a CR through mid- December” and includes several “wish-list” items that the White House would like Congress to include in a short-term FY17 CR. With Congress returning to Washington on Tuesday, we preview The White House requests that Congress amends the quorum several of the issues at the top of the agenda, including Zika, requirement for the Export-Import Bank to allow the current FY17 spending, and Ex-Im. Here’s the latest, for your review! Board to approve new transactions over $10 million. Under current law, a quorum of three Board members is required to Federal Response to the Zika Virus approve transactions over $10 million, but there are currently only two sitting Board members – a third has yet to be On Wednesday, we participated in a confirmed. The White House’s requested language is consistent teleconference with Florida Senator Bill Nelson with Export-Import Bank language included in bills that have and White House Deputy Homeland Security been approved by the House and Senate appropriations Advisor Amy Pope to learn more about how committees. The Administration also requests FY17 legislative federal, state, and local governments are language allowing the flexibility needed to cover projected responding to the Zika virus outbreak. Much of personnel compensation requirements for U.S. Customs and the call focused on the legislative impasse in Border Protection, and to allow Amtrak to move forward with Congress regarding the $1.9 billion in implementing a new budget account structure. For more, click emergency supplemental funding that the Administration on OMB FY17 CR Anomalies. requested to combat the virus. In late June, the House passed an FY17 appropriations bill (H.R. 2577) with $1.1 billion in funding Online Sales Simplification Act to combat Zika, but Congress remains stymied as to how much money to spend, where the money comes from, and which bill the House Judiciary Committee Chairman Bob Goodlatte funding would accompany. Senator Nelson said that concerned released a discussion draft of the Online Sales Simplification Act citizens should contact their Representatives in the House and of 2016 (OSSA), which is an alternative proposal to Senator encourage them to approve the full $1.9 billion initially requested, Mike Enzi’s Marketplace Fairness Act (MFA - S. 698) and Rep. as soon as they return after Labor Day. For more, click on Audio Jason Chaffetz’s Remote Transactions Parity Act (RTPA – Recording of the Teleconference on Zika. H.R. 2775). The overarching goal of the competing proposals is to allow states to collect the sales taxes they are owed when On Tuesday, CDC Director Thomas Frieden told reporters that customers buy their products online, even when those products an FY17 stopgap spending measure without any additional funding are shipped to another state. Unlike MFA and RTPA, OSSA to combat the Zika virus would continue to complicate the federal does not include a Small Seller Exception. OSSA moves away response. So far, the Administration has reprogrammed $222 from the concept of a destination-based sourcing tax and would million to respond to Zika, most of which came from money require states to adopt a single tax rate. Members of Congress originally intended to defend against the Ebola virus. Director are pushing for consideration of an online sales tax bill as part Frieden said that money would run out by the end of September, of an increasingly crowded legislative calendar, but enactment without additional Congressional action. remains unlikely this year. For more, click on Draft Bill Text of OSSA or a NACo Chart Comparing the Online Sales Tax Bills. In more health-related news, on Wednesday, HHS announced $53 million in funding to 44 States, four tribes, and the District of FTA Buy America Final Policy Guidance Columbia to improve access to treatment for opioid use disorders, reduce opioid related deaths, and strengthen drug misuse On Thursday, FTA issued Final Buy America Policy Guidance prevention efforts. In addition, funding will also support improved advising transit agencies how to implement a phased increase in data collection and analysis around opioid misuse and overdose as domestic content requirements for transit rolling stock well as better tracking of fatal and nonfatal opioid-involved procurements from 60 percent to more than 70 percent by FY20. overdoses. For more, click on Reducing Opioid Abuse. For more, click on FTA Buy America Policy Guidance.

Washington Friday Report 1 www.simoncompany.com 1660 L Street, N.W.  Suite 501  Washington, D.C. 20036  (202) 659-2229  Fax (202) 659-5234  [email protected] The Candidates on Public Safety more, click on National Alcohol and Drug Addiction Recovery Month. Presidential candidates Donald Trump and Hillary Clinton responded to a ten question survey on criminal justice issues that Grants This Week was sent to them by the International Association of Chiefs of Police (IACP). Mr. Trump believes in restoring the rule of law in This week, we sent many of you a grant the United States and supports enhancing the partnership between notice on the ED Performance Partnership federal, state, and local law enforcement. He supports tax, trade, Pilots – Round 3. Please contact Jen and immigration reform legislation that would increase state and Covino with any questions about grants. local revenue, and supports mental health reform. To reduce opioid abuse, Mr. Trump supports stronger border enforcement, more ED Performance Partnership Pilots – Round 3 cooperation and intelligence sharing, and better treatment options. Secretary Clinton believes that one of the most important criminal Following up from the August 19 Friday Report, the justice challenges we face is rebuilding the bonds of trust between Education Department and six other federal agencies released a our law enforcement officers and our communities. She supports Notice Inviting Applications (NIA) for the third round of the increasing funding for the COPS program and expanding access to Performance Partnership Pilots for Disconnected Youth (P3). technologies that officers need to do their jobs. She intends to build The deadline to submit a Notice of Intent to Apply is Thursday, upon the work of the 21st Century Policing Task Force to bring all September 29, and the final application deadline is Monday, stakeholders together. To tackle drug and alcohol addition, October 31. For more, click on our Grant Memo. Secretary Clinton proposed a $10 billion initiative to partner with states that develop specific action plans. For more, click on Reducing Homelessness Candidate Responses to IACP Survey. We thought you would be interested in two useful guidance Transition Update documents recently distributed by the U.S. Interagency Council on Homelessness. A new fact sheet, titled “Reducing Donald Trump’s Presidential Transition team, which is chaired Criminal Justice System Involvement among People by New Jersey Governor Chris Christie, recently announced Experiencing Homelessness,” is intended to spur action to break additional members. Rich Bagger, a former New Jersey lawmaker the cycle of homelessness and criminal justice system who spent two years as Christie’s first Chief of Staff, was named involvement in American communities. For more, click on Executive Director of the group. Other transition team members USICH Update or Reducing Criminal Justice System include: William Haggerty, an economic advisor to President Involvement among People Experiencing Homelessness. George H.W. Bush and an important member of Mitt Romney’s team, and Jamie Burke, who worked for George W. Bush as The Office of Family Assistance within HHS recently White House liaison to HHS. For more, click on Transition Update. provided guidance to agencies administering the Temporary Assistance for Needy Families (TANF) program, on how to add Export-Import Bank and Congress housing status questions as part of their typical intake process. For more, click on A Guide for Assessing Housing Status and The five-member Board of the Export-Import Bank has been Coordinating with Local Programs for TANF Agencies. operating with only two members since it was reauthorized as part of the FAST Act in December 2015. Under current law, at least ♪♫ Music of the Month ♪♫ three sitting members are needed to constitute a quorum, which would allow the board to approve financing packages of more than As we enter the season of Presidential $10 million. However, legislative text included in both the House Debates, we thought you might enjoy and Senate FY17 State-Foreign Operations appropriations bills listening to the first Presidential Debates would eliminate the quorum requirement for Fiscal Years 2017- that ever occurred, between candidates 2019 and allow the Bank to approve larger financing packages John F. Kennedy and Richard Nixon again. House Speaker Paul Ryan, who opposes the Export-Import during the 1960 election. The four Bank and has called it “crony capitalism,” remains under pressure Kennedy-Nixon debates were also a turning point for the role of from conservative groups and lawmakers to not change the current television in politics. Those who watched the debates on TV quorum requirement as part of any FY17 CR or full-year spending thought Senator Kennedy won. Those who listened on radio package. We will keep you up to date on the status of the Export- thought the Vice President was the winner. The Kennedy-Nixon Import Bank. debates will be our telephone’s hold music through Election Day! Call us and enjoy! National Alcohol and Drug Addiction Recovery Month Happy Labor Day On Wednesday, President Obama proclaimed September 2016 as National Alcohol and Drug Addiction Recovery Month. We wish you and your loved ones a very Throughout this month, the Administration will celebrate the happy and warm Labor Day weekend! successes of all those in recovery and renew a commitment to providing support, care, and treatment for all those in need. For Please contact Len Simon, Brandon Key, Jen Covino, or Stephanie McIntosh with any questions.

Washington Friday Report 2  September 2, 2016 www.simoncompany.com 1660 L Street, N.W.  Suite 501  Washington, D.C. 20036  (202) 659-2229  Fax (202) 659-5234  [email protected]

SIMON AND COMPANY INCORPORATED Washington Friday Report Volume XVIII, Issue 34 August 26, 2016 $15 million each; award size will be determined by the youth I N S I D E T H I S W EEK population and poverty rate of that community. The project period is two years. Applications are due by November 30. The 1 FY17, Youth Homelessness, Welcoming, 10-20-30 U.S. Interagency Council on Homelessness will host a webinar on the NOFA on September 15. For more, click on our Grant 2 CBO Outlook, Opioids, Right-of-Way, Amtrak, Grants Memo or Webinar Registration.

2 Floodplains, Roads, Welfare, National Park Service Citizenship Week & Welcoming Week

On Monday, we participated in a conference call with the With only five full working days until Congress returns to White House and local government officials to discuss Washington, we focus on the coming FY17 fiscal debates along Citizenship Week (September 17-23) and Welcoming Week with other highlights for your review. (September 16-25). Felicia Escobar, Special Assistant to the President for Immigration Policy, and Rohan Patel, Special FY17 Budget Debate Preview Assistant to the President and Deputy Director of Intergovernmental Affairs, explained how local elected officials In a sequestration update report issued by the White House Office can help ensure that immigrants and refugees remain a source of of Management and Budget (OMB), analysts reported that the strength and vitality in communities by welcoming them as new dozen appropriations bills that the House marked up or passed are Americans. In September, communities will host events to raise $792 million over the discretionary spending caps for FY17; awareness, promote naturalization, and celebrate the approximately $775 million of that amount is in the non-defense contributions of new Americans. Mayor Javier Gonzales category. The Senate bills, to date, remain under the caps. If the outlined ongoing efforts in Santa Fe while Tacoma Mayor House bills were enacted, it would trigger an across-the-board Marilyn Strickland inquired if other federal agencies would sequestration cut of $792 million across the federal government. soon follow the lead of the Department of Justice in phasing out Under current law, the FY17 cap on discretionary spending is private prisons, particularly in regard to the Department of $1.07 trillion while the FY18 cap is projected to be $1.16 trillion. Homeland Security and its detention facilities. The White House For more, click on OMB Sequestration Update Report for FY17. will examine its options moving forward. For more, see the Welcoming Toolkit or White House Task Force on New However, if what’s past is prologue, then few, if any, of the draft Americans. FY17 spending bills will be enacted in their entirety before the new fiscal year begins on October 1. With time in the legislative Rep. Jim Clyburn's 10-20-30 Principle to Reduce Poverty calendar dwindling, Congress will most likely need to pass another short-term Continuing Resolution (CR) to keep the federal Congressman Jim Clyburn’s “10-20-30” government afloat. The length of such a CR remains uncertain; it principle has garnered plenty of attention lately, may last until the end of December, or it may last into the early both on the Presidential campaign trail and in the months of 2017. We will have the latest for you after Congress halls of Congress. Under the 10-20-30 approach, returns to Washington on September 6. when money is appropriated for a federal program, at least 10% of its spending should go HUD Youth Homelessness Demonstration Program to counties where 20 percent or more of the population has lived below the poverty line for HUD released a Notice of Funding Availability (NOFA) for the at least 30 years. The intent of the principle is to reduce poverty Youth Homelessness Demonstration Program (YHDP). The through targeted federal spending in counties where high purpose of the program is to help selected communities to develop poverty has persisted for decades. In February, House Speaker and execute a coordinated community approach for preventing and Paul Ryan met with the Congressional Black Caucus and ending youth homelessness. Applicants will identify a Target signaled his support for the plan, according to Congressman Community Area and develop a Coordinated Community Plan in Clyburn. More importantly, Speaker Ryan directed House partnership with public agencies, nonprofits and community Appropriations Chairman Hal Rogers to work with Rep. organizations, the private sector, and other relevant stakeholders. Clyburn to include the principle in his FY17 spending bills. At a HUD will award approximately $33 million in total program town hall meeting in March, Secretary Hillary Clinton said that funding to ten communities selected to participate in this the funding formula “would target a lot of places in America, demonstration. At least four of those communities will be rural. not only inner city poverty, but rural poverty, Indian country The communities will receive a grant ranging from $1 million to poverty, coal country poverty.” Congressman Clyburn said that

Washington Friday Report 1 www.simoncompany.com 1660 L Street, N.W.  Suite 501  Washington, D.C. 20036  (202) 659-2229  Fax (202) 659-5234  [email protected] he would push for the principle’s inclusion as part of any major Grants This Week spending package being debated this year or in 2017. For more, click on 10-20-30 Amendment. This week, we sent many of you grant notices on the ED FY16 Preschool CBO Updates its 10-Year Budget and Economic Outlook Development Grants: Pay for Success (PFS) Feasibility Pilot and the HUD As we mentioned in the August 12 edition of the Washington Youth Homelessness Demonstration Program (YHDP). Friday Report, CBO increased its March projection of the FY16 Please contact Jen Covino with any questions about grants. federal deficit from $534 billion to $590 billion as part of its July Budget Review. On Tuesday, CBO released a more comprehensive FEMA Floodplain Management Standards update to the budget and economic outlook for 2016-2026, showing that this year’s projected deficit is rising primarily On Monday, FEMA issued a Notice of Proposed Rulemaking because of lower-than-expected federal revenue. Over the next to update its Floodplain Management and Protection of decade, the lion’s share of growth in the federal debt will be driven Wetlands Regulations and to implement the Federal Flood Risk by a projected 70 percent increase in spending on mandatory Management Standard. This is the first time that federal programs like Social Security and Medicare. This spending growth floodplain management procedures have been updated in nearly is mainly attributable to an aging population and rising health care 40 years. Comments on the proposed rule are due by October costs. For more, click on CBO 10-Year Outlook. 21. For more, click on Floodplain Management Standards.

Surgeon General on the Prescription Opioid Epidemic Road Fatalities on the Rise

This week, Surgeon General Dr. Vivek Murthy On Tuesday, the National Safety Council released preliminary sent a letter to 2.3 million American health estimates indicating that motor vehicle deaths were 9% higher professionals, asking them to lead a movement through the first six months of 2016 than in 2015. An estimated to turn the tide on the nation’s prescription 19,100 people have been killed on U.S. roads since January and opioid epidemic. This is the first time that a U.S. 2.2 million were seriously injured, with a total estimated cost of Surgeon General has sent a letter directly to the $205 billion. This year is projected to be the deadliest driving nation’s health professionals seeking their year since 2007. For more, click on Road Fatalities. support in addressing a public health crisis. The letter also contains a pocket card outlining CDC’s opioid prescribing guidelines, an 20th Anniversary of Welfare Reform effort to reduce opioid abuse and overdoses. For more, click on HHS Press Release or Turn the Tide Rx. It has been 20 years since President Bill Clinton signed sweeping welfare reform legislation on August 22, 1996. We FHWA Final Rule on Right-of-Way and Real Estate thought you might be interested in a Washington Post analysis showing how the lives of America’s poor have changed over the On Tuesday, FHWA published its final rule to revise regulations years. For more, click on How Welfare Reform Changed governing the acquisition, management, and disposal of real American Poverty. property for transportation programs and projects receiving federal funds. The rule implements sections of the MAP-21 and FAST Act Happy 100th Birthday to the National Park Service! transportation laws. It clarifies the Federal-State partnership, streamlines processes to better meet current Federal-aid highway On August 25, 1916, program needs, and eliminates duplicative and outdated regulatory President Woodrow language. The final rule is effective on September 22. For more, Wilson signed the click on Right-of-Way and Real Estate. Organic Act into law, creating the National Wick Moorman to Lead Amtrak Park Service. Today, the National Park Amtrak announced that it has named Charles W. Service is responsible “Wick” Moorman as its next president and chief View from Dewey Point, for more than 400 executive officer. Moorman succeeds current Yosemite National Park park locations, which CEO Joe Boardman, who announced his cover more than 84 million acres in all 50 states, the District of intention to retire last fall. Mr. Boardman said, “I Columbia, American Samoa, Guan, Puerto Rico, Saipan, and the have been humbled to lead this extraordinary Virgin Islands. When it was first created, the new bureau was organization over the past eight years. I look responsible for protecting America’s 35 already-existing forward to spending time with my family and wish Wick all the best national parks and monuments, and those yet to be established. as he brings his excellent experience to Amtrak.” Wick Moorman, For more, click on Turning 100: Major Milestones in the who will lead the company effective September 1, spent more than National Park Service. 40 years at Norfolk Southern where he rose from management trainee to CEO and chairman of the Board of Directors. For more, Please contact Len Simon, Brandon Key, Jen Covino, or click on Wick Moorman. Stephanie McIntosh with any questions.

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SIMON AND COMPANY INCORPORATED Washington Friday Report Volume XVIII, Issue 32 August 12, 2016 Donald Trump I N S I D E T H I S W EEK Mr. Trump recognizes the substandard condition of American roads and bridges, 1 Candidates’ Policies, Police-Community Relations and says this his plan would provide the growth needed to boost our infrastructure. 2 FCC, Opioids, FTA, FHWA, NEPA, Marijuana, Grants He would also repeal and replace Obamacare. Mr. Trump plans to speak more 2 Disasters, Sanctuary, SIF, FY16, Transport, Boston on these reforms in the near future.

As President, Mr. Trump would implement a temporary pause Our analysis of the Presidential election continues with an on new federal regulations and review previous regulations for overview of the major party candidates’ policy positions on possible repeal. The regulations that Mr. Trump believes inhibit major areas of interest to local governments. We have that and hiring include: EPA’s Clean Power Plan and EPA’s Waters of much more from an interesting week, for your review. the United States rule. He would cancel the Paris Climate Agreement, which limits global warming to 2 degrees Celsius, Presidential Candidates’ Policies and cut all U.S. spending on U.N. global warming programs.

Hillary Clinton Mr. Trump would cut off federal funding to sanctuary cities Secretary Clinton would increase federal and require that all illegal immigrants with criminal convictions infrastructure funding by $275 billion over a be returned to their home countries. He would end the J-1 visa five-year period, fully paid for through program for foreign youth and replace it with a resume bank for business tax reform. Of this amount, $25 inner city youth provided to all corporate subscribers to the J-1 billion would be used as seed capital for a visa program. He would implement nationwide e-Verify and National Infrastructure Bank. She would work require ICE officers to accompany local police departments to ensure that 100 percent of households in America will have conducting raids of violent street gangs. For more, click on access to affordable high-speed broadband internet by 2020. She Donald Trump’s Policies. would defend and expand the Affordable Care Act and work to double funding for community health centers over the next decade. 49-City Report on Police-Community Relations

As President, Secretary Clinton would defend and implement On Wednesday, the U.S. Conference of Mayors (USCM) and EPA’s Clean Power Plan, though she does not specifically state a the National League of Cities (NLC) announced that 105 cities position on EPA’s Waters of the United States Rule. She would across the country are hosting community conversations or launch a $60 billion Clean Energy Challenge to partner with states, engaging in other efforts to strengthen trust between the police cities, and rural communities to cut carbon pollution and expand and the communities they serve. USCM released a report of 49 clean energy, including for low-income families. She would work cities showing how Mayors across the country have undertaken to invest in clean energy infrastructure, innovation, manufacturing, significant efforts to further strengthen police-community and workforce development. relations.

Secretary Clinton would introduce comprehensive immigration In Louisville, following the lead of the Police Department, reform with a pathway to full and equal citizenship within her first every Metro government employee is being trained to recognize 100 days in office. Her campaign does not indicate a position on and eliminate implicit or unconscious bias in themselves and sanctuary cities, but she would focus federal resources on detaining others, so everyone is treated fairly. In San Leandro, a working and deporting individuals who pose a violent threat to public group of more than 40 people has adopted the name Unity in the safety. She would defend President Obama’s executive actions on Community, and plans to take four concrete steps to eliminate immigration, known as the DACA and DAPA programs, and racism in the city while celebrating and embracing cultural believes the Supreme Court erred in its deadlocked decision on the diversity. In Salt Lake City, a July 21st event was organized in DAPA program. If Congress fails to enact comprehensive cooperation with a coalition of community members, in order to immigration reform, she would use her executive authority to foster constructive dialogue and address steps being taken to create a system where groups like the parents of DREAMers, or strengthen relationships between police and the community. For those with a history of service to their communities, could be more, click on USCM Press Release, USCM 49-City Report, or eligible for deferred action by the Department of Homeland NLC-USCM Statement. Security. For more, click on Secretary Clinton’s Policies.

Washington Friday Report 1 www.simoncompany.com 1660 L Street, N.W.  Suite 501  Washington, D.C. 20036  (202) 659-2229  Fax (202) 659-5234  [email protected] Court Blocks FCC’s Rule on Municipal Broadband substance because it does not meet the criteria for currently accepted medical use in treatment, there is a lack of accepted On Wednesday, in a unanimous decision, a three-judge panel of safety for its use under medical supervision, and it has a high the U.S. Court of Appeals for the 6th Circuit overturned the FCC’s potential for abuse. For more, click on DEA Press Release. February 2015 regulation that would have allowed municipal broadband networks to expand in North Carolina and Tennessee. Grants This Week The court believes that FCC lacked the explicit authority from Congress to pre-empt the states’ legislatures. However, the judges This week, we sent many of you grant added, “Our holding today is a limited one. We do not question the notices on the NADTC Innovations in public benefits that the FCC identifies in permitting municipalities Accessible Mobility Grant Program to expand Gigabit Internet coverage.” For more, click on Opinion and the CNCS Social Innovation Fund of the Court or FCC Chairman Wheeler’s Statement. (SIF) Pay for Success (PFS) Grant Competition – Round 2. Please contact Jen Covino with any questions about grants. Addressing Opioid Abuse in Emergency Departments Smart Finance for Disaster Resilience One week ago, after we went to press on the Friday Report, we participated in an interesting webinar hosted by the White House The White House CEQ hosted a Forum on Smart Finance for Office of National Drug Control Policy, which included an expert Disaster Resilience, which featured remarks from senior White panel presentation on innovative strategies to link drug overdose House and Administration officials, and included substantive survivors in emergency departments to effective treatment for their discussions on innovative finance options to support pre-disaster substance use disorders. For more, click on Press Release or mitigation and community resilience. For more, click on Video Webinar Video. Please contact us if you have any questions. of the White House Forum or CEQ Blog Post.

FTA’s Public Transportation Safety Program – Final Rule Report on Federal Funding to “Sanctuary Cities”

On Thursday, FTA issued its final rule for the Public The Department of Justice’s Inspector General released an Transportation Safety Program. FTA will host two webinars with internal memo that identifies ten “sanctuary” jurisdictions for similar content on August 30 and September 1, to discuss the rule undocumented immigrants, including the State of California, in more detail. For more, click on Public Transportation Safety. that are among the 155-300 potential “sanctuary” jurisdictions that have received nearly $342 million in DOJ grants. For more, “Zero-Emission” and “Alternative Fuel” Corridors click on DOJ IG Report on Sanctuary Cities.

The Federal Highway Administration invites state and local Strengthening Communities through Social Innovation officials to nominate routes where drivers can find “alternative fuels,” including EV charging, hydrogen, propane, and natural gas. We thought you might be interested in a collection of resources Initial nominations are due to FHWA no later than August 22. For that the White House Office of Social Innovation put together, more, click on Press Release, Notice, or FHWA Blog Post. including information on its Police Data Initiative and its Data- Driven Justice Initiative. For more, click on Social Innovation. Climate Change in Environmental Reviews Spike in Deficit Projected for FY16 After years of engagement with stakeholder groups, including the State, Local, and Tribal Leaders Task Force on Climate A new projection from CBO increased its March projection of Preparedness and Resilience, the White House Council on the FY16 federal deficit from $534 billion to $590 billion, a 10 Environmental Quality (CEQ) released final guidance for federal percent increase. For more, click on CBO July Budget Review. agencies on how to consider the impact of their actions on climate change in their National Environmental Policy Act (NEPA) Lessons from the Popularity of Transport DC reviews. For more, click on Fact Sheet, Notice, or Final Guidance. Transport DC, a 24/7 on-demand alternative to paratransit In related news, EPA released a report that shows clear evidence offered in the DC area, is an example of a program that of long-term changes to our climate, and highlights the impacts on unfortunately was too successful and had to be scaled back. For human health and the environment in the United States and around more from the Washington Post, click on Transport DC. the world. The report includes observed trend data on 37 climate indicators. For more, click on Climate Indicators Press Release or Police-Community Relations in Boston EPA Blog Post. Strong police-community relationships matter to Federal Prohibition on Medical Marijuana is Affirmed Boston Police Commissioner William Evans, as highlighted in this New York Times interview. For On Thursday, the Drug Enforcement Administration (DEA) more, click on Relationships Matter. denied two petitions to reschedule marijuana under the Controlled Substances Act (CSA). According to DEA, based on the legal Please contact Len Simon, Brandon Key, Jen Covino, or standards in the CSA, marijuana remains a Schedule I controlled Stephanie McIntosh with any questions.

Washington Friday Report 2  August 12, 2016 www.simoncompany.com 1660 L Street, N.W.  Suite 501  Washington, D.C. 20036  (202) 659-2229  Fax (202) 659-5234  [email protected]

SIMON AND COMPANY INCORPORATED Washington Friday Report Volume XVIII, Issue 31 August 5, 2016 Democrats I N S I D E T H I S W EEK Housing The platform calls for an increase in the supply 1 The Party Platforms, Mayors at the Conventions of affordable rental housing, in part, by substantially increasing funding for the National 2 TIGER 2016, MPO Coordination, COPS Office Housing Trust Fund. It seeks to expand the Neighborhood Stabilization Program, along with rental 2 Grants, EITC, Homelessness, LWCF, Gun Control assistance programs such as Housing Choice Vouchers. It supports defending and strengthening the Fair Housing Act.

August in Washington is a good time to reflect on the major Transportation and Infrastructure political debates from earlier in the year, and anticipate what The platform argues that building green and resilient could be right around the corner. We continue our analysis of infrastructure can help mitigate the effects of climate change. It the Presidential election with a closer look at the candidates’ calls for expanding high-speed broadband networks, respective party platforms, along with agency highlights and implementing a robust National Infrastructure Bank, and other news for your review! permanently establishing Build America Bonds. To build strong cities and metro areas, the platform calls for new investments in The Party Platforms surface transportation programs, drinking and wastewater systems, an expanded CDBG program, a permanent New Republicans Markets Tax Credit, and robust CDFIs. On manufacturing, the Housing platform supports a “Make it in America” plan, citing the revival The platform calls for scaling back the federal role of the auto industry under a Democratic President. The platform in the housing market, promoting responsibility on calls for reinstating the Export-Import Bank. It calls for direct the part of borrowers and lenders, and avoiding federal funding for a range of local programs to reduce youth future taxpayer bailouts. It suggests that the role of Fannie Mae and unemployment and create new career opportunities. Freddie Mac should be reconsidered in the market. The platform opposes HUD’s Affirmatively Furthering Fair Housing Rule. Public Safety The platform calls on the public to fight to end institutional Transportation and Infrastructure and systemic racism in our society. It pushes for a societal The platform recognizes the accomplishment of a Republican transformation to make it clear that black lives matter in the Congress in passing the longest surface transportation United States. It calls for reforming mandatory minimum reauthorization in a decade, the FAST Act. It calls for removing sentences and closing private prisons and detention centers. It the following programs from the Highway Trust Fund: mass encourages better police-community relations, requiring the use transit, bike-share, sidewalk improvements, recreational trails, of body cameras, and reducing gun violence by keeping assault ferry boats, and scenic byways. It proposes phasing out the federal weapons off the street. The platform calls for a vast expansion transit program and improving the environmental review process. of access to prevention and treatment services for those suffering The platform opposes an increase in the federal gas tax, opposes from alcohol and opioid addiction, along with mental health federal support for California High-Speed Rail, and supports services. For more, click on Democratic Platform of 2016. privatization of Amtrak’s Northeast Corridor (NEC). It calls on removing legal roadblocks to public-private partnerships. Mayors at the Party Conventions

Public Safety We thought you might like to see an updated list of the The platform calls for mandatory prison time for all assaults current and former Mayors who spoke at the National Party involving serious injury to law enforcement officers. It says that Conventions. For more, click on Mick Cornett, Frank first-time nonviolent offenders should be diverted to community Jackson, Rudy Giuliani, Steve Benjamin, Bill de Blasio, sentencing, drug courts, and guidance by faith-based institutions Michael Bloomberg, Cory Booker, Jerry Brown, Mike with proven track records of rehabilitation. The platform Duggan, Eric Garcetti, Andrew Gillum, John Hickenlooper, recognizes the misuse of painkillers as one of the main causes of Tim Kaine, Jim Kenney, Dannel Malloy, Gavin Newsom, the opioid and heroin epidemic facing America’s rural and urban Michael Nutter, Martin O’Malley, Stephanie Rawlings- communities. It called for enactment of the Comprehensive Blake, Kasim Reed, Bernie Sanders, Antonio Villaraigosa, Addiction and Recovery Act, which occurred recently. For more, Martin Walsh, Karen Weaver, and Wellington Webb. click on Republican Platform of 2016.

Washington Friday Report 1 www.simoncompany.com 1660 L Street, N.W.  Suite 501  Washington, D.C. 20036  (202) 659-2229  Fax (202) 659-5234  [email protected] DOT Awards $484 Million in TIGER 2016 Grants This Week

The Department of Transportation awarded This week, we sent many of you a $484 million to 40 grant recipients during grant notice on the CNCS FY16 the 2016 round of the Transportation Social Innovation Fund (SIF) Pay for Investment Generating Economic Recovery Success (PFS) Administrative Data (TIGER) grant program. In the eight rounds Pilot Grant Competition. Please contact Jen Covino with any of the TIGER program’s history, DOT has provided a combined questions about grants. $5.1 billion 421 projects throughout the country. The highly competitive TIGER grant program supports innovative projects, Improving the Earned Income Tax Credit including multi-modal and multi-jurisdictional projects, which are difficult to fund through traditional federal programs. This year’s A study from the American Enterprise Institute argues that the awards focus on capital projects that generate economic IRS remains the best agency to administer distribution of the development and improve access to reliable, safe, and affordable Earned Income Tax Credit (EITC), despite an error rate that transportation for urban and rural communities. For more, click on generally hovers around 25 percent. The EITC would be in Press Release, Blog Post, 2016 Fact Sheets, or All TIGER Grant potentially worse shape if it was administered by employers Data. through paychecks, even though it might be better to deliver the tax credit in more than just on annual lump sum. For more, click Responding to the DOT MPO Coordination Proposed Rule on Role of the IRS as a Social Benefit Administrator.

We participated in a webinar hosted by the National Association Ending Homelessness in America of Regional Councils (NARC) to learn more about the joint FHWA-FTA Proposed Rule on MPO Coordination and Planning On Monday, HUD, VA, and the U.S. Interagency Council on Area Reform. The webinar was intended as a feedback session, Homelessness (USICH) announced that the number of veterans following an introductory webinar on the topic on July 13. The experiencing homelessness in the U.S. has been cut nearly in half Proposed Rule would make potentially significant changes to the since 2010. The data revealed a 17 percent decrease in veteran structure and functioning of more than 140 MPOs across the homelessness between January 2015 and January 2016, nation, according to DOT’s estimates. NARC and other national quadruple the previous year’s annual decline, and a 47 percent membership organizations such as the National Association of decrease since 2010. For more, click on Reduction in Veteran Development Organizations (NADO) and the Association of Homelessness. Metropolitan Planning Organizations (AMPO) are developing a response to the proposal before the August 26 deadline for Since USICH released its updated “Criteria and Benchmark comments. NARC requests feedback from its member for Achieving the Goal of Ending Chronic Homelessness” in organizations, including your estimates on how the proposed rule June, the agency has developed two additional tools to would affect your region. For more, click on NARC Resources on accompany it: (1) assessing whether your Continuum of Care the MPO Coordination Proposed Rule. We will continue to monitor has achieved the goal of ending chronic homelessness, and (2) this issue closely and provide you with further updates. achieving the goal of ending chronic homelessness: definitions, benchmark, calculation details, and supporting documentation. COPS Office Updates For more, click on Criteria and Benchmark to End Chronic Homelessness. We thought you might like to read a Dear Colleague letter that COPS Office Director Ron Davis sent on Tuesday last week, Permanently Reauthorizing the LWCF regarding the topic of “Police Reform vs. Policing Reform.” He expressed optimism about the future of policing in America, and Senator Maria Cantwell and other Congressional negotiators that the divisions between law enforcement and communities can are pushing to keep a permanent reauthorization of the Land and be healed if we seize the opportunity to make meaningful change Water Conservation Fund as part of a final energy bill (S. 2012) in our communities. He writes, “There is no question that rank- negotiated between the House and Senate. The Senate bill and-file officers must be held accountable for their actions. contains the permanent reauthorization while the House bill does However, if the systems in which they operate are flawed, even not. For more, click on Senator Cantwell on LWCF. good officers can have bad outcomes.” For more, click on Director Davis on Policing Reform. Difficulty of Regulating Guns Locally

The COPS Office released a report on officers killed in the line We thought you might be interested in a New York Times op- of duty, titled “Deadly Calls and Fatal Encounters.” The purpose ed by Bloomington, Indiana Mayor John Hamilton, expressing of the report is to identify the situations that present officers the the frustration of many local leaders who are unable to enact most risk and make recommendations to enhance officer safety. It ordinances to restrict firearms from being carried in certain analyzes 684 cases involving line-of-duty deaths over a five-year public places. For more, click on Pistols at the Pool. period, 2010-2014. Among its findings: Calls related to domestic disputes and domestic-related incidents resulted in the highest Please contact Len Simon, Brandon Key, Jen Covino, or number of officer fatalities. For more, click on Report on Officers Stephanie McIntosh with any questions. Killed in the Line of Duty.

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SIMON AND COMPANY INCORPORATED Washington Friday Report Volume XVIII, Issue 30 July 29, 2016 click on Democratic Convention Website, Video of Hillary I N S I D E T H I S W EEK Clinton’s Convention Speech, and Clinton’s Written Remarks.

1 Dem Nominee, Mayors for VP, Homeless, Opioids Mayors for Veep – Tim Kaine and Hubert Humphrey

2 Low-No Buses, TAM Rule, Rail Crossings, Grants It is notable that Hillary Clinton’s choice as her running mate, Tim Kaine, is not only a sitting U.S. Senator and 2 ED PFS, Performance Measures, Cyber Incidents former Governor, but that he got his start in politics serving on the City Council, and later as the Mayor, of Richmond,

Virginia. The last former Mayor to serve on the ticket of Part II of the convention portion of our quadrennial political either major party for Veep was the 28th Vice President of the drama is now behind us, as we describe below, and we enter United States, Hubert Humphrey, previously who served as into a very intense 100 days until election day. But while events the 35th Mayor of Minneapolis, Minnesota. For more, click in Philadelphia were underway, there was lots still happening on Tim Kaine on Smart Growth. in the nation’s capital, as we summarize for you below - enjoy the weekend! We also thought you might be interested in seeing the Mayors and former Mayors who spoke at the Republican and The Democratic Nominee Speaks Democratic Conventions. For more, click on Mick Cornett, Frank Jackson, Rudy Giuliani, Michael Nutter, Bill de Blasio, In her acceptance speech to the Michael Bloomberg, Antonio Villaraigosa, Martin O’Malley, Democratic Party last night, and John Hickenlooper. Hillary Clinton painted an optimistic vision for future of the National Conference on Ending Homelessness United States and acknowledged the historic nature of being the We had the opportunity this week, courtesy of Salt Lake first woman in American history County Mayor Ben McAdams to attend the 2016 National to be nominated for the Conference on Ending Homelessness. The purpose of the Presidency by a major political conference was to gather leaders from around the country and party. She declared, “Standing share information about the best ways to reduce homelessness in here as my mother’s daughter and our communities. The event featured numerous workshops to my daughter’s mother, I’m so happy this day has come. Because hone in on specific issue areas. For more, click on Conference when there are no ceilings, the sky’s the limit.” Website or Conference Agenda. Please contact us if you would like any additional information about the Conference. Secretary Clinton spoke about the racial tensions that have become increasingly visible throughout the country in recent In related news, on Monday, HUD announced that it is weeks. She said, “Let’s put ourselves in the shoes of young black requesting comments on its Continuum of Care program’s and Latino men and women who face the effects of systemic racism, formula. Comments are due to the agency by September 23. For and are made to feel like their lives are disposable. Let’s put more, click on HUD Requests Comments on its CoC Formula. ourselves in the shoes of police officers, kissing their kids and spouses goodbye every day and heading off to do a dangerous and Comprehensive Addiction and Recovery Act Becomes Law necessary job.” One week ago, after we went to press She emphasized her campaign’s theme of “Stronger Together” on the last Friday Report, President by saying that Americans need to work together to strengthen and Obama signed the Comprehensive rebuild trust within our communities. She said that within her first Addiction and Recovery Act of 2016 100 days in office, she plans to work with both parties to pass a (S. 524) into law. In his statement, the domestic spending package that would invest in manufacturing, President said that the new law clean energy, technology and innovation, small business, and includes “some modest steps” to infrastructure. Mrs. Clinton said she would fight for affordable address the opioid epidemic. However, the President said he is child care and paid family leave. She said, “I will be a President deeply disappointed that the bill does not contain $920 million for Democrats, Republicans, and Independents… For those who in treatment funding that Democrats had been pushing for as part vote for me and those who don’t. For all Americans.” For more,

Washington Friday Report 1 www.simoncompany.com 1660 L Street, N.W.  Suite 501  Washington, D.C. 20036  (202) 659-2229  Fax (202) 659-5234  [email protected] of the comprehensive legislative package. For more, click on Grants This Week Conference Report Summary or President’s Signing Statement. This week, we sent many of you a grant As we previewed in last week’s Friday Report, on August 5, notice on ED Providing High-Quality from 2:00-3:00 p.m. EST, Director of National Drug Control Career and Technical Education (CTE) Policy Michael Botticelli will host a webinar highlighting Programs for Underserved, High-Need innovative approaches for addressing opioid overdose and opioid Youth through Technical Assistance on Pay For Success use disorders in hospital emergency departments. You can now Models (CTE PFS TA Program). Please contact Jen Covino register for this webinar by clicking on Registration and Panelists with any questions about grants. for August 5 ONDCP Webinar. We registered for it and will provide a summary for you in the August 12 Friday Report! Pay-for-Success in Career and Technical Education

FTA Awards $55 Million for Cleaner Buses On Tuesday, the Department of Education made applications available for its FY16 Providing High-Quality Career and On Tuesday, FTA announced selections for the Low or No- Technical Education (CTE) Programs for Underserved, High- Emission (Low-No) Bus Grant Program. Twenty transit providers Need Youth through technical assistance on Pay For Success in 13 states will receive a share of $55 million for transit buses and Models (CTE PFS TA Program). The Department will award a related technology that replaces aging diesel fuel buses with grant to an Intermediary to provide technical assistance for the battery-electric or fuel cell-powered vehicles and incorporates first two of three phases of a PFS financing model. They other innovations. For instance, Pierce Transit will receive nearly recognize that each program may have different challenges that $2.5 million to purchase battery-electric transit buses and fast-fill might result in not all projects completing these first two phases charging stations. For more, click on Press Release or FTA Blog by the end of the grant period. The date of the pre-application Post. meeting is August 2, and final applications are due to the Education Department by August 25. For more, click on Federal FTA Transit Asset Management Rule Register Notice or our Grant Memo.

On Tuesday, the Federal Transit Administration issued a final rule requiring Performance Measures to Reduce Traffic Congestion FTA grantees to develop management plans for their public transportation assets, On Monday, nearly 20 Senators and 50 House members sent a including vehicles, facilities, equipment, and letter to DOT Secretary Anthony Foxx to encourage the agency other infrastructure. The Transit Asset to clarify its proposed rule on congestion and freight Management (TAM) final rule asks transit agencies to develop a performance measures. The members have requested that the strategic approach to maintain and improve capital assets. Every agency changes the rule to assess the movement of people, rather FTA-supported transit provider will be required to inventory and than vehicles. They wrote: “If we focus, as this proposed rule assess the conditions of their assets, develop priorities for does, on keeping traffic moving at high speeds at all times of day investment based on the inventory, and establish performance on all types of roads and streets, then the result is easy to targets. The rule, established under MAP-21, is intended to close predict: States and MPOs will prioritize investments to increase the gap on aging and poorly maintained transit assets. average speeds for cars, at the expense of goals to provide safe, reliable, environmentally sensitive, multimodal transportation FTA is hosting a multi-part webinar series between July 26 and options for all users of the transportation system, despite those August 18 to provide technical assistance to the transit industry on goals being stated in federal statute.” For more, click on how to implement the rule. For more, click on TAM Rule Congressional Letter to DOT or T4A Blog Post. Announcement, TAM Rule Press Release, or FTA Acting Administrator Carolyn Flowers Blog Post. U.S. Cyber Incident Coordination

Fatalities at Railroad Crossings President Obama has approved a Presidential Policy Directive (PPD) on Cyber Incident Coordination. The PPD On Monday, Federal Railroad institutionalizes coordination efforts in numerous respects, such Administrator Sarah Feinberg called as establishing principles that will govern Federal government for greater action to prevent fatalities at activities in cyber incident response. For more, click on White the nation’s more than 200,000 railroad House Fact Sheet or DHS Secretary Johnson Statement. crossings following several significant incidents in recent weeks that have killed  Music of the Month  parents and their children at railroad crossings. She wrote, “These [three] Our telephone’s hold music for the month of August is the heartbreaking incidents are in addition to the other 87 people beautiful album “Love Has Come for You” by Edie Brickell and killed and 236 people injured at railroad crossings… We will Steve Martin. Call us and enjoy! continue to do all that we can to have a greater impact on this solvable challenge.” For more, click on FRA Administrator’s Please contact Len Simon, Brandon Key, Jen Covino, or Statement. Stephanie McIntosh with any questions.

Washington Friday Report 2  July 29, 2016 www.simoncompany.com 1660 L Street, N.W.  Suite 501  Washington, D.C. 20036  (202) 659-2229  Fax (202) 659-5234  [email protected]