Commerce awards Working Washington grants to more than 7800 small businesses

 December 31, 2020--Press release issued by WA. Commerce

Newest $100 million grant round prioritized industries with disproportionate impacts such as restaurants, fitness centers and indoor entertainment venues

OLYMPIA, WA – The state Department of Commerce today announced that approximately 7,830 small businesses will receive a Working Washington grant. Gov. Jay Inslee announced the new round of business assistance in November and approved $100 million for the grants.

Public health measures have disproportionately impacted certain industries such as full-service restaurants, fitness centers and indoor entertainment venues like bowling alleys. This recent round of grant funding prioritized small businesses in those sectors and that have less than $5 million in annual revenue.

Commerce awarded approximately 7,200 businesses a $12,500 grant. In addition, it awarded $4,500 to approximately 630 businesses that received a recent $8,000 business resiliency grant and happened to also meet the priority criteria for the Working Washington grant. This ensured resiliency grant recipients received the same funding amount they would have received had they applied for a Working Washington grant.

Commerce launched the Working Washington Round 3 application portal on Dec. 2 and received more than 28,000 applications by Dec. 16. Commerce was able to fund all eligible businesses within the priority sectors. The largest share of grants – more than half – went to full-service restaurants. Fitness centers followed as the next largest category. Grants are going to businesses from every county in the state. Commerce is preparing a more detailed overview of the grant distribution to be posted online next month.

“The economic impacts of the pandemic are felt far and wide, there’s no doubt. And while some industries have been able to pivot their operations and continue to bring in enough revenue to stay afloat, those options aren’t available for many others,” said Lisa Brown, Commerce director. “Small businesses are the heartbeat of our local communities and our state economy. Throughout the country and in every part of our state, small businesses are struggling. We appreciate the governor providing this unprecedented level of grant funding, and hope the state Legislature and Congress continue to make business support a priority in the coming weeks.”

Small businesses that applied should check their email for notifications. Commerce is working to distribute funds to businesses as soon as possible and can process payments within a few days of receiving final documentation from business owners.

The two earlier Working Washington grant rounds were for $10 million each, making this third $100 million grant round the largest to date. Approximately 1,400 businesses received Round 1 awards and 1,570 businesses received Round 2 awards.

(2) Commerce awards second round of grants to 24 collaborative projects addressing child care crisis in communities statewide.

State teams up with Safe Start Fund to provide 24 partnership grants to nonprofits, local governments and educational service districts to develop community-based plans for expanding child care capacity

OLYMPIA, WA – The Washington State Department of Commerce today announced a second round $1.8 million in grants to 24 organizations. The organizations are leading collaborative efforts to expand child care capacity in communities throughout the state. Grantees will receive just over 38% of the award from state general funds administered by Commerce, and a nearly 62% match from the generous donors who supported the Safe Start Fund for a Healthy Economic Transition and Recovery.

“This pandemic has impacted individuals and businesses in very different ways, among them a concerning trend in women leaving the workforce due to extraordinary demands on families to teach and care for children at home. A robust and equitable economic recovery depends on families having access to affordable, quality child care,” said Commerce Director Lisa Brown.

Access to affordable quality child care has been a growing challenge for the past several years. The pandemic significantly exacerbated those problems.

Brown cited data from a child care industry assessment study commissioned by the state Child Care Collaborative Task Force that showed one in five parents turned down a job offer or promotion because of child care issues. Additionally, she points to the alarming “shecession,” in which four times more women than men left the workforce last September. Women have disproportionately suffered pandemic-related job losses, according to the Bureau of Labor Statistics. Since February 2020, women have lost nearly 5.8 million net jobs, accounting for 53.9% of overall net job loss nationwide since the start of the crisis. The numbers are worse for Black and Latina women, with about 1 in 9 unemployed – a rate more than 1.5 times higher than for white men.

Commerce awarded $1.36 million in the first round of grants announced Sept. 10. This second round of community partnership grants will fund projects in Benton, Clallam, Clark, Cowlitz, Ferry, Franklin, Jefferson, King, Kittitas, Klickitat, Okanogan, Pierce, San Juan, Skamania, Snohomish, Skagit, Walla Walla, Whitman and Yakima counties. Grant information is posted here.

Second round child care partnership grantees are:

African Community Housing and Development, $100,000 – Hope Learning Center Partnership project serving South King County

Boys and Girls Clubs of Skagit County, $64,440 – Sedro-Woolley Learning Centers project serving Sedro-Woolley, Skagit County

Clallam County Economic Development Council, $70,000 – Clallam Child Care Alliance project serving Clallam County

Community Child Care Center, $62,775 – Community Early Learning Needs project serving Pullman and Whitman County

Community Minded Enterprises, $63,470 – Tri-Cities Child Care Needs Assessment project serving the Tri-Cities area in Benton and Franklin counties

Empowering Youth and Families Outreach, $66,600 – EYFO Extended Care Pilot Program with Bellwether Housing project serving South Seattle, King County

Everett Community College, $100,000 – Everett Child Care Expansion Planning project serving Everett and Monroe, Snohomish County

First 5 FUNdamentals, $78,408 – From Crisis to Stability—Reforming Child Care for Long-Term Success project serving Pierce County

Healthy Ferry County Coalition, $87,000 – Ferry County Child Care Planning project serving Ferry County

Horn of Africa Services, $90,000 – HOAS Child Care Partnership project serving King County

Hugging Tree Legacy, $66,576 – Jefferson County Child Care Expansion project serving Jefferson County

Joyce Sobel Family Resource Center, $26,985 – Finding a Local Solution to Rural Service Industry Child Care Needs project serving San Juan Island, San Juan County

Kittitas County Health Network, $69,350 – Collaborating to Increase Access to Child Care Opportunities in Kittitas County project serving Kittitas County

Machinists Institute, $90,000 – Child Care in the Trades project serving Washington state

New Birth Home Now, $90,000 – New Birth Center for Community Inclusion (NBCCI)/Renton Innovation Zone Partnership (RIZP) Collaborative Partnership for Early Learning Expansion project serving Skyway-West Hill, King County

North Central Educational Service District, $87,600 – Family, Friends and Neighbor (FFN) Opportunities for Ongoing Learning project serving Okanogan and Ferry counties

Orcas Island Community Foundation, $68,000 – Collaborative Planning for Early Childhood Education Access and Quality project serving Orcas Island, San Juan County

Play Frontier, $28,185 – Advancing Child Care Access in Rural Washington project serving the Columbia Gorge in Skamania County

Reclaiming Our Greatness, $73,975 – Student Family Support Program project serving Seattle, King County

Start Early (Ounce of Prevention Fund), $100,000 – Developing a Pipeline of Family Child Care through ParentChild+ Engagement project serving King, Pierce and Yakima counties

Walla Walla Community College Foundation, $84,000 – Feasibility of a Valley-Wide Affordable and Accessible Child Care System project serving Walla Walla Valley in Walla Walla County

Washington STEM, $100,000 – State of the Children in Southwest Washington project serving Clark County

Workforce Southwest Washington, $52,560 – The Business Case for Child Care project serving Cowlitz County

Yakima Valley Community Foundation, $90,000 – Economic and Racial Equity for Family Home Providers project in Toppenish and Wapato, Yakima County

“Funding through this program will help us gather more information and develop a plan to address a long-standing need in our community to increase access to quality and affordable child care so children learn and develop, parents can work to support their families, and our local businesses can maintain the staffing necessary to provide necessary services to the community,” said Robin Read, Executive Director of Kittitas County Health Network.

Commerce established the Safe Start Fund in partnership with Seattle Foundation to support economic recovery from the COVID-19 pandemic with a public health and equity focus. The Safe Start Fund accepts contributions from individual donors, foundations and corporations, including donations through All in WA, a broad-based philanthropic platform promoting cause and community funds to support workers, families and communities impacted by COVID-19 across Washington state.

“Child care providers are essential members of our communities, particularly as we move from emergency response to a focus on longer term recovery. We know that even before the COVID-19 pandemic, half a million children in Washington state lacked access to licensed care and the crisis only caused those inequities to grow,” said Tony Mestres, President and CEO of Seattle Foundation. “These child care partnership grants will allow families and caregivers to return to work by providing quality education and care for our region’s youngest learners, especially those in underserved areas and remote communities.”

Seattle Foundation is hosting the All In WA campaign, on behalf of the nearly 50 cause and community funds, including the Safe Start Fund.

Commerce also thanks The Ballmer Group for their leadership in promoting economic mobility for children and families, both here in Washington and nationwide, and for their generous funding through the Safe Start Fund to support these crucial investments in childcare capacity.

IN OTHER STATE NEWS HEADLINES:

Inslee announces one-week extension of statewide restrictions.

 Gov. Jay Inslee today announced a one-week extension of the "Stay Safe–Stay Healthy" proclamation, along with the statewide restrictions imposed. The extension of the statewide restrictions will now expire on January 11, 2021. No changes were made in the proclamation aside from the expiration date.

"Our consistent mission has been keeping Washingtonians safe and ensuring health care system and hospital capacity," Inslee said. "We understand the profound impact COVID is having on our healthcare system, families, and businesses, but I am heartened by the number of Washingtonians who continue to do the right thing. If we continue distancing from others, wearing facial coverings and avoiding social gatherings, we will make it to the other side of this pandemic together.”

An updated reopening plan is currently being developed to provide a pathway for businesses and workers impacted by this order to reopen safely. The updated plan will be released next week. 

https://www.governor.wa.gov/news-media/inslee-announces-one-week-extension-statewide-restrictions

Inslee issues, updates COVID-19 proclamations.

Gov. Jay Inslee today issued a new proclamation delaying implementation of the Uniform Guardianship Act. He also extended two proclamations related to the COVID-19 pandemic. 

https://www.governor.wa.gov/news-media/inslee-issues-updates-covid-19-proclamations

3) TODAY'S HEADLINE NEWS...

WORLD HEADLINE NEWS:

Iran execution of child offender breaks international law: UN rights office.

The execution of an Iranian man for a crime allegedly committed when he was 16 years old has been condemned by the UN Human Rights Office (OHCHR) and raised concerns over violations of his right to a fair trial.

https://news.un.org/en/story/2020/12/1081202

Argentina: ‘Ground-breaking’ new abortion law crucial to ending gender discrimination – UN experts

The year drew to a close in Argentina with “a ground-breaking law” that legalizes abortions up to 14 weeks of pregnancy, in a move that independent UN rights experts called on Thursday, “a crucial step in eliminating discrimination against women and girls”. 

https://news.un.org/en/story/2020/12/1081192

United Nations, African Union reiterate commitment to Sudan, as joint mission ends operations.

The United Nations Secretary-General and the Chairperson of the African Union Commission have reiterated their commitment to continue to support Sudan consolidate peace as the AU-UN hybrid peacekeeping mission in the country’s Darfur region ends its operations on Thursday. 

https://news.un.org/en/story/2020/12/1081182

US pardons Blackwater guards: An ‘affront to justice’ – UN experts.

Five independent UN experts condemned United States President Donald Trump’s pardoning of private security contractors, convicted in 2015 for war crimes in Iraq, on Wednesday.

https://news.un.org/en/story/2020/12/1081152

NATIONAL HEADLINES: 

On Wednesday, December 30, 2020, the President signed into law:

S. 212, the “Indian Community Economic Enhancement Act of 2020,” which amends three existing statutes promoting Native American business, economic development, and trade development--WH press release dated 12.30. 20

https://www.whitehouse.gov/briefings-statements/bill-announcement-123020/

Memorandum on Extension of Memorandum on Visa Sanctions--WH press release issued 12.30.20

https://www.whitehouse.gov/presidential-actions/memorandum-extension-memorandum-visa-sanctions/

Justice Department Secures Relief for U.S. Army National Guard Reservist on Employment Discrimination Claim Against Luxury Jeweler Harry Winston

The Justice Department and the U.S. Attorney’s Office for the Southern District of Texas announced today that they resolved a claim that luxury jeweler Harry Winston Inc. violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by refusing to offer full-time employment to U.S. Army National Guard Reservist John A. Walker because of his military service obligations.--DOJ

https://www.justice.gov/opa/pr/justice-department-secures-relief-us-army-national-guard-reservist-employment-discrimination

USDA Approves Maine to Accept SNAP Benefits Online

USDA is expanding access to innovative online food purchase program--USDA press release issued 12.31.20

https://www.usda.gov/media/press-releases/2020/12/31/usda-approves-maine-accept-snap-benefits-online

BUSINESS & FINANCE:

Statement of Daniel Francis, Deputy Director of the FTC’s Bureau of Competition, Regarding the Announcement That the Parties Have Abandoned CoStar Group Inc.’s Acquisition of RentPath Holdings, Inc.

https://www.ftc.gov/news-events/press-releases/2020/12/statement-daniel-francis-deputy-director-ftcs-bureau-0

Justice Department Seeks Forfeiture of Third Commercial Property Purchased with Funds Misappropriated from PrivatBank in Ukraine

Today, the U.S. Department of Justice filed a civil forfeiture complaint in the U.S. District Court for the Southern District of Florida alleging that commercial real estate in Cleveland, Ohio, was acquired using funds misappropriated from PrivatBank in Ukraine as part of a multi-billion-dollar loan scheme. --DOJ

https://www.justice.gov/opa/pr/justice-department-seeks-forfeiture-third-commercial-property-purchased-funds-misappropriated

UNEMPLOYMENT INSURANCE WEEKLY CLAIMS

SEASONALLY ADJUSTED DATA

In the week ending December 26, the advance figure for seasonally adjusted initial claims was 787,000, a decrease of

19,000 from the previous week's revised level. The previous week's level was revised up by 3,000 from 803,000 to

806,000. The 4-week moving average was 836,750, an increase of 17,750 from the previous week's revised average. The

previous week's average was revised up by 750 from 818,250 to 819,000. --Dept. of Labor

https://www.dol.gov/sites/dolgov/files/OPA/newsreleases/ui-claims/20202341.pdf

(4) IN OTHER HEADLINES

27 GOP Pa. Lawmakers Urge McConnell to Contest Electors---NEWSMAX

https://www.newsmax.com/politics/republican-senate-majority-leader/2020/12/31/id/1003808/

Mitch McConnell: Democrats want ‘socialism for rich people’ with $2,000 checks--Washington Times

https://www.washingtontimes.com/news/2020/dec/31/mitch-mcconnell-democrats-want-socialism-rich-peop/

China evicts American woman barred from leaving country

A court in China has evicted an American woman from her house in Beijing even as the Chinese authorities refuse to allow her to leave the country, despite public appeals and private lobbying from the United States.--Washington Examiner

https://www.washingtonexaminer.com/policy/defense-national-security/china-seizes-house-american-woman

Donald Trump Has Been The Most Illuminating President In Decades

In all Trump gave us — the good, the bad, the hilarious, and the unsettling — his administration brought much-needed clarity to the GOP and the country.--The Federalist

https://thefederalist.com/2020/12/31/donald-trump-has-been-the-most-illuminating-president-in-decades/

Free Bible Studies from WBS

https://www.worldbibleschool.org/

AG FERGUSON SECURES FULL REFUNDS FOR WASHINGTON STUDENTS AND FAMILIES WHO PAID FOR NOW-CANCELED MUSIC TRIP TO EUROPE.

 

Press release issued 12.30.20

Voyageurs International will pay 235 Washington high school students and their families more than $464,000 to reimburse for unlawful cancellation fees

OLYMPIA — Attorney General Bob Ferguson today announced that music travel company Voyageurs International must pay more than $464,000 for full refunds to 235 Washington students who signed up for the company’s 2020 European tours.

The Colorado-based company, which organizes yearly tours to Europe for high-school musicians, unlawfully charged each of the 235 Washington students at least $1,900 in cancellation penalties after the COVID-19 pandemic resulted in the company cancelling its July 2020 European tours. The company also illegally retained an additional $775 fee, for a total of $2,675 per student, from 23 students who signed up to extend their tour to Greece.

Where a travel agency like Voyageurs cancels a consumer’s travel, Washington law allows the travel agency to recoup its losses by charging consumers cancellation penalties if the company was appropriately transparent with the consumer about the potential for those penalties. When the travel agency cancels, the law prohibits travel agencies from charging cancellation penalties greater than those the company incurs from its third-party vendors — such as airlines or hotels. Voyageurs failed to lawfully disclose the risk of penalties and illegally charged consumers penalties greater than what the company incurred from its vendors.

Voyageurs deceived its customers by sending them a letter claiming the company “paid out more than $1,900 per student for the upcoming tour season that it cannot recoup.” That statement was false. In reality, the company was able to recoup more than 60 percent of what it charged consumers.

“Avoiding travel during a worldwide pandemic is the right thing to do,” Ferguson said. “Deceiving consumers about the costs incurred is not. Today, we ensured these hardworking families will get their money back.”

Under the consent decree, filed in King County Superior Court, Voyageurs is legally required to pay the full refund amount to the Attorney General’s Office. The office will then contact the Washington students and their families directly to set up their full refund. Questions about this refund may be directed to Khalid Ali in the Consumer Protection Division at Khalid.Ali@atg.wa.gov.

Ferguson’s complaint, filed with the consent decree, asserts that Voyageurs’ conduct violated the Sellers of Travel Act and the Consumer Protection Act.

Voyageurs failed to properly disclose cancellation penalties imposed by its travel vendors, such as airlines and hotels, as required by Sellers of Travel Act, which regulates travel agencies and tour companies like Voyageurs.

Moreover, Voyageurs deceived Washington families by providing false information about cancellation costs the company incurred in a letter to families canceling the trip — a violation of the Consumer Protection Act’s prohibition on unfair and deceptive business practices.

The Attorney General’s Office launched an investigation into Voyageurs’ conduct after receiving 23 complaints from Washington families describing the burden of this fee during a pandemic. Some students earned the money to pay for the trip themselves, and were disheartened to hear they had to forfeit a sizeable portion of the trip cost in addition to the trip itself, which they had been looking forward to for months.

As one parent wrote: “While this [cancellation] is understandable given the pandemic, the company is keeping $1900 as a cancellation fee, and students are forfeiting any money paid towards the Greece extension (my daughter's favorite country, and she chose to add this to her trip). …She fundraised and earned money for this once in a lifetime opportunity and we were devastated when it was canceled rather than postponed a year. To pour salt in her wounds, the company has not refunded the full amount paid by this hard-working young woman.”

Another Washington consumer wrote in a complaint: “I can't understand the punitive fees families are being charged through no fault of their own. …Many families are struggling to pay bills and keep their jobs and should not be additionally burdened with over-reaching cancellation fees at this time.”

As a result of today’s announcement, these consumers will receive full restitution.

Ambassadors of Music tours

Voyageurs International formed in 1970 in Colorado. The for-profit company organizes and facilitates European travel tours, dubbed “Ambassadors of Music,” for high-school music students from at least 14 states, including Washington. Typically, the students are nominated by a teacher to participate in an Ambassadors of Music tour.

More than 3,200 students nationwide signed up for the 2020 tours. The students signed up for the tour in the summer of 2019, before the pandemic began. The tours cost a minimum of $6,345 for a 16-day trip to Europe. Students also had an option to sign up for a $2,075 four-day trip extension to Greece.

As part of the application for the trip, students and their parents were required to sign an application and contract that outlined a cancellation fee schedule imposed on students who cancel their participation in the trip. The company’s contract seeks to retain between $700 all the way up to the total cost of the trip, depending on how soon before the trip students cancel.

Under Washington law, if travel agencies like Voyageurs cancel a trip, they can only charge consumers for the cancellation penalties imposed by its third-party vendors — such as airlines or hotels — and only if those penalties are timely and properly disclosed in a written statement to the consumer.

On March 17, 2020, a co-owner of the company, Gilford Mahaffy, sent a letter to the participants that unilaterally canceled the 2020 European tour in light of the COVID-19 pandemic. In the same letter, Mahaffy told students and parents that Voyageurs would be keeping $1,900 of the funds paid for the tour as a “cancellation fee” and would not be refunding any of the $2,075 Greece extension. The company later returned $1,300 to the students who paid for the Greece tour and did not refund the remaining $775.

The letter claimed the company “has paid out more than $1,900 per student for the upcoming tour season that it cannot recoup.” In reality, the company was able to recoup more than 60 percent of what it charged consumers.

Legal requirements

The COVID-19 pandemic made international travel unsafe. Washington’s Sellers of Travel Act, which regulates travel agencies and tour companies like Voyageurs, is designed to protect consumers during unexpected cancellations.

Ferguson’s lawsuit asserts Voyageurs violated the Washington Consumer Protection Act and the Sellers of Travel Act when it retained $1,900 to $2,675 in cancellation fees after it canceled the trip. Under this law, if a travel agency cancels a trip, it can only retain the amount they were unable to recoup from third-party travel vendors like airlines and hotels if it timely and properly in writing discloses the unrecoverable charges to consumers.

Voyageurs retained much more than that. In the letter to students announcing the cancellation, the company claimed its cancellation fee was comprised of costs paid by Voyageurs on the consumer’s behalf that Voyageurs could not recoup — a statement that is simply not true. In reality, the company was able to recoup more than 60 percent of the cancellation fees it imposed on the students. Ferguson asserts Voyageurs violated the Consumer Protection Act when it misled consumers in its cancellation letters.

Under the Sellers of Travel Act, companies like Voyageurs must provide full refunds if they do not properly and timely disclose to consumers the cancellation penalties imposed by third-party vendors. Travel agencies must disclose known information at or before a consumer’s first payment (within three business days if payment is not made in person) and must thereafter provide any further details as soon as that information is received from third-party vendors. Voyageurs did not make these disclosures, nor did it provide consumers with a legally required written statement informing consumers of their cancellation rights under Washington law.

Today’s court order makes the company legally responsible for full refunds to the students and their families. It also requires them to follow the Sellers of Travel Act and the Consumer Protection Act if it does business in Washington in the future.

Assistant Attorneys General Breena Roos and Daniel Allen are leading the case for Washington.

The Attorney General’s Office Consumer Protection Division enforces the Consumer Protection Act and other statutes to help keep the Washington marketplace free of unfair and deceptive practices. The division investigates and files legal actions to stop unfair and deceptive practices, recovers refunds for consumers, seeks penalties and recovers costs and fees to ensure that wrongdoers pay for their actions.

(2) AG FERGUSON TO HOST REMOTE PUBLIC COMMENT MEETING ON NATIONAL ARCHIVES FACILITY AND RECORDS

Press release issued 12.29.20

Feds did not solicit input in the Pacific Northwest before deciding to sell the building and move the region’s records

SEATTLE — Attorney General Bob Ferguson today announced he will host a remote public meeting on Tuesday, Jan. 19, 2021, so the public can share their comments on plans by the federal government to sell Seattle’s National Archives building and move the records thousands of miles away.

The federal government did not hold any meetings of its own in the Pacific Northwest, and did not consult with state, local, or tribal leaders in the region prior to announcing its decision to sell the Archives facility.

One member of the Public Buildings Reform Board (PBRB) recently said the sale would allow the Archives building to “become a part of the community, as opposed to what it is today.”

The office will record the public comments and forward them to the PBRB. Ferguson will also formally invite the PBRB members to attend the remote public hearing. The public meeting will be held via Zoom from 3:30 p.m. to 5:30 p.m. on Jan. 19, 2021.

Zoom link: https://atg-wa.zoom.us/j/83852186385?pwd=amIvSHA4MHJJdzRVcDgzRSthQjdpQT09

Meeting ID: 838 5218 6385

Passcode: 426894

Phone: 253-215-8782, 838-521-863-85#

Find your local number: https://atg-wa.zoom.us/u/kBnoJrmI5

Individuals with questions about the meeting or looking to provide assistance with the case should use this form.

“The federal government continues its complete indifference for the communities, tribes and individuals impacted by its plan to sell the National Archives facility and export archival records out of the region,” Ferguson said. “The bare minimum American taxpayers should expect is the ability to provide public comment before bearing the brunt of important government actions that cannot be undone. Unfortunately, in this matter, the federal government utterly failed to meet that low bar, which is why my office is forced to do it for them. I’m inviting Washingtonians to tell the federal government what this building, and the millions of records it houses, means to them and their communities.”

On Thursday, Dec. 4, Ferguson announced that his office recently uncovered a dramatic change in the plan for the proposed sale of the National Archives building buried in a 74-page meeting minutes document from October. During the October meeting, the PBRB disclosed that it would move to immediately sell the Archives facility, along with a “portfolio” of other federal properties, in early 2021. It had planned on selling the properties individually over the next year.

Ferguson’s legal team is finalizing a lawsuit to stop the federal government from proceeding with an expedited sale of the National Archives facility in Seattle.

Additionally, Ferguson’s office already filed four lawsuits seeking access to public records about the PBRB’s decision. Judge Robert S. Lasnik of the U.S. District Court for the Western District of Washington will preside over the four cases. On Dec. 10, Ferguson filed a motion for summary judgment in the records case against the PBRB.

 

Decision to sell the Seattle National Archives building

Last year, the PBRB identified a dozen federal properties around the U.S. as “High Value Assets” and recommended their sale in a manner that will “obtain the highest and best value for the taxpayer” and accomplish the goal of “facilitating and expediting the sale or disposal of unneeded Federal civilian real properties.” Among those properties — many of which involved abandoned or unused warehouses or buildings — was the National Archives building in Seattle, a building housing critical historical documents of the Pacific Northwest, including extensive tribal records. No local, state or tribal officials were consulted in its initial selection.

In January, OMB approved a recommendation from the PBRB to sell the building on Sand Point Way in Seattle. The board’s recommendation included removing the contents of the Seattle archives and relocating them to facilities in Kansas City, Mo., and Riverside, Calif.

The Seattle archives contain many records essential to memorializing Washington’s history, including tens of thousands of records related to the Chinese Exclusion Act, records of the internment of Japanese Americans, and tribal and treaty records of federally recognized tribes throughout the Northwest. Researchers, historians, genealogists and students routinely use these records.

Washington’s tribal leaders, historians and members have noted the federal government has excluded them from most discussions on selling the building and moving documents — many of which are the only tribal treaties or maps in existence — more than a thousand miles away. Notably, tribal officials were never consulted regarding the proposed sale notwithstanding agency tribal consultation policies requiring such consultation.

In other state headlines...

WDFW to temporarily close target shooting range at W.T. Wooten Wildlife Area for upgrades.--WDFW

Central Washington coast, Grays Harbor, Willapa Bay closed to crab fishing due to marine toxins--WDFW

WDFW and Snohomish County partner to provide public access for waterfowl hunting--WDFW

DNR to Begin Transition of Orchard on State Lands in Richland--DNR

(2) IN TODAY'S HEADLINE NEWS:

WORLD NEWS HEADLINES:

UN Yemen envoy condemns deadly Aden airport attack

The UN Special Envoy for Yemen, Martin Griffiths, has strongly condemned Wednesday’s deadly attack on Aden airport, which is reported to have resulted in the deaths of at least 26 people, and injured more than 50.

UN confirms closure of Darfur peacekeeping mission.

The joint United Nations-African Union mission in the Darfur region of Sudan (UNAMID) will officially end operations on Thursday, when the Government of Sudan will take over responsibility for the protection of civilians in the area.

First Person: family tragedy and the UN as ‘saviour’ in Darfur

The people of the restive region of Darfur in Sudan have seen the joint United Nations and African Union peacekeeping mission (UNAMID) as a "saviour" according to a writer for UN News who grew up in Darfur.

Millions of children in crisis hotspots ‘on the brink of famine’, warns UNICEF.

More than 10 million children in the Democratic Republic of the Congo, northeast Nigeria, the Central Sahel, South Sudan and Yemen will suffer from acute malnutrition in 2021, the United Nations Children’s Fund (UNICEF) said on Wednesday, warning that without urgent action, the numbers could rise further. 

NATIONAL HEADLINES:

Statement by Acting Attorney General Jeffrey A. Rosen on the Pakistani Proceedings Relating to the Abduction and Murder of Daniel Pearl

Acting Attorney General Jeffrey A. Rosen has released the following statement:

“We understand that Pakistani authorities are taking steps to ensure that Omar Sheikh remains in custody while the Supreme Court appeal seeking to reinstate his conviction continues.  The separate judicial rulings reversing his conviction and ordering his release are an affront to terrorism victims everywhere.  We remain grateful for the Pakistani government’s actions to appeal such rulings to ensure that he and his co-defendants are held accountable.  If, however, those efforts do not succeed, the United States stands ready to take custody of Omar Sheikh to stand trial here.  We cannot allow him to evade justice for his role in Daniel Pearl’s abduction and murder.”--press release issued 12.29.20

Make Every Bite Count: USDA, HHS Release Dietary Guidelines for Americans, 2020-2025.--USDA, dated 12.29.20

DHS Announces Guatemala, El Salvador, and Honduras Have Signed Asylum Cooperation Agreement---DHS

 

Secretary Azar Statement on Executive Order Supporting In-Person Schooling

On Monday, President Trump signed an executive order directing HHS to allow funds available through the Community Services Block Grant program, administered through the Administration for Children and Families, to be used by grantees and eligible entities to provide emergency learning scholarships to disadvantaged families for their children who lack access to in-person learning. HHS Secretary Alex Azar issued the following statement:

“During the COVID-19 pandemic, the Trump Administration has made it a top priority to support safe access to in-person education for American children. President Trump’s executive order will help children and families without access to in-person schooling to secure it with scholarships and other funding mechanisms for private options where public options are not available. We know that in-person learning is essential to children’s flourishing, especially for vulnerable children, and that it can be done safely. We can defeat this pandemic and support healthy futures for our children at the same time.”--HHS/ dated 12.28.20

BUSINESS & FINANCE:

Treasury and IRS Begin Delivering the Second Round of Economic Impact Payments to Millions of Americans.--US TREASURY dated 12.29.20

Editorial note: I guess the US Treasury Dept. Didn't get the memo that Trump issued. The President to cut cut the Pork spending of the bill, he wanted to send $2000 to each American, family of four would receive $5,200. Additionally.

That was according to his speech on 27th of Dec.

 https://www.whitehouse.gov/briefings-statements/statement-from-the-president-122720/

Maybe Steven T. Mnuchin, of the Treasury should do some catch up before making the statement he made yesterday, and before issuing any checks.

U.S. DEPARTMENT OF LABOR ISSUES GUIDANCE SUPPORTING WORKPLACE FLEXIBILITIES THROUGH VIRTUAL COMMUNICATION

WASHINTON, DC – The U.S. Department of Labor’s Wage and Hour Division (WHD) today announced new guidance in its ongoing efforts to support the American workforce through the pandemic recovery. As employers continue to meet the challenges presented to their businesses by the coronavirus, and as telework arrangements and virtual communication increasingly provide solutions, the agency provides additional guidance to maximize the benefits of these arrangements for employers and workers alike.--DEPT. of Labor

(4) IN OTHER HEADLINES...

Gabbard’s Exit From House to Leave Democrats With 1 Less Centrist Voice---Daily Signal

Pelosi presses McConnell to allow vote on bill for $2,000 stimulus checks--THE HILL

Hawley Says He Will Object to Electoral College Certification--National Review

GOP Senate Leader Introduces His Own Bill On $2,000 Stimulus Checks — With Two Poison Pills--Daily Wire

Offering free Bible studies: WBS

https://www.worldbibleschool.org/

Cantwell’s Comprehensive Bipartisan, Bicameral Aircraft Safety & Certification Reforms Signed into Law

Aircraft Certification, Safety, and Accountability Act will strengthen FAA oversight of aircraft manufacturers, reform aircraft certification process, increase Congress’ oversight of the certification process, and provide new resources to address emerging technology.

Press release issued 12.28.20

WASHINGTON, D.C. – Comprehensive bipartisan, bicameral aviation safety legislation written and negotiated by U.S. Senator Maria Cantwell (D-WA), the Ranking Member of the Senate Committee on Commerce, Science, and Transportation, and other congressional aviation leaders was signed into law by President Trump last night. The Aircraft Certification, Safety, and Accountability Act will implement needed new aircraft safety and certification reforms made clear in the wake of the Boeing 737 MAX crashes, including strengthening the Federal Aviation Administration’s (FAA) direct oversight of aircraft certification, implementing new integrated systems analyses of new and derivative aircraft, requiring aircraft manufacturers to disclose technological changes to their aircraft, and implementing new safety reporting requirements and whistleblower protections. The legislation was included in the Consolidated Appropriations Act.

In addition to Cantwell, the legislation was also negotiated by Commerce Committee Chairman Roger Wicker (R-MS) and House Transportation & Infrastructure Committee Chairman Peter DeFazio (D, OR-04) and Ranking Member Sam Graves (R, MO-06).

“It's so important that we make safety the number one priority in the United States. If we want to be number one in aviation, you have to be number one in aviation safety. Chairman Wicker and I worked with our colleagues on both sides of the aisle to produce important legislation that improves the safety reforms needed at the FAA, the safety reforms of oversight of manufacturing and the certification process, and reforms that will help us here in Congress better stay on top of the information as far as the certification process,” Senator Cantwell said when the bill passed the Senate. “I want to thank all of the families who helped us in communicating why these safety reforms are important … and to let them know that even though we're putting a big down payment on safety reforms in the United States Congress by passing this legislation, this process does not stop with the passage of this legislation.”

“This historic legislation is a major step to prevent the certification of substandard aircraft and avoiding future crashes,” said Michael Stumo, whose daughter Samya died in the Ethiopian Airlines flight 302 crash. “ET302 families across the world have worked hard to eliminate excessive delegation and to hold those who hide safety defects accountable. We are indebted to Chairman DeFazio, Ranking Member Graves, Chairman Wicker and Ranking Member Cantwell for their hard work and dedication to safety and the future excellence of the US aviation industry.”

Key provisions of the Aircraft Certification, Safety, and Accountability Act will:

Restore FAA Approval of ODA Unit Members: The FAA will be responsible for approving and removing manufacturers’ engineers who act on behalf of the FAA — the Organization Designation Authorization (ODA) unit members, as found under the FAA’s Designated Engineering Representative (DER) delegation program. The bill authorizes $3,000,000 annually for fiscal years 2021 through 2023 in new appropriations for the FAA to provide staffing and resources necessary to undertake this work. 

Enable Direct FAA Oversight and Communication: FAA safety advisors will be assigned to manufacturers’ authorized representatives so that the FAA has direct and ongoing oversight and communication with the ODA unit members responsible for certification activities, another key return to the DER program. The Joint Authorities Technical Review identified how the lack of communication and interaction between the FAA and ODA unit members hindered FAA’s oversight over the manufacturer and awareness of safety issues with the 737 MAX.  

Require Integrated Safety Analysis of Design Changes for All New and Derivative Aircraft: The FAA must conduct a rulemaking to require proposals for new aircraft designs (type certificates) and variants of existing aircraft designs (amended type certificates) to undergo an integrated system safety analysis. The bill requires FAA to undertake an analysis of the cumulative effects of proposed design changes to the aircraft, human factors issues, and impacts on training for pilots and maintenance personnel. In the 737 MAX certification process, FAA failed to review the proposed design changes at an aircraft level, which led to FAA misunderstanding how the MCAS system would operate. This reform would help catch how new design features interact with other aircraft systems. 

Ensure New and Derivative Aircraft Comply With Latest Flight Crew Alerting Regulations: The FAA would be prohibited, beginning two years after enactment of the bill, from issuing a type certificate for a new airliner design unless the airplane is equipped with a centralized crew alerting system that helps a pilot differentiate, prioritize, and respond to warnings, cautions, and advisories activated on the airplane. The FAA certified the 737 MAX even though the aircraft’s flight crew alerting system did not comply with the latest airworthiness standards. In response to a National Transportation Safety Board recommendation, the bill also would ensure for all future airplanes, including the 737 MAX derivatives, a manufacturer will complete a systems safety assessment on the flight deck alerting systems.

Mandate Safety Management Systems (SMS) for Manufacturers: Safety management systems (SMS) provide a data-based means of managing risk and continuously monitoring hazards in order to mitigate safety risks before they materialize. The bill directs FAA to issue regulations requiring that aviation manufacturers implement SMS, as recommended by the National Transportation Safety Board, Joint Authorities Technical Review, and other leading safety authorities. SMS is recognized as a key tool for improving safety culture. While the FAA has required SMS for airlines, the agency has failed to require the same of manufacturers. 

Require Disclosure of Safety-Critical Information: Manufactures would receive up to a $1 million fine for violating disclosure requirements for safety-critical information. This includes information regarding flight control systems and other systems whose failure or erroneous activation would present a hazardous or catastrophic risk. The FAA is also directed to revoke an airline transport pilot certificate held by an individual who fails to disclose such safety-critical information on behalf of a manufacturer. 

Prohibit Interference with FAA Designees: There are new civil penalties for any manufacturer supervisory employee who interferes with (e.g., harasses, berates, or threatens) an ODA unit member’s performance of authorized functions on behalf of the FAA and requires all ODA unit members to promptly report any cases of interference experienced or witnessed at a company. The MAX investigations found numerous instances of managers exerting undue pressure on ODA unit members in conflict with their safety duties.

Prohibit Incentives for FAA Employees Based on Industry Schedules: The bill repeals existing law allowing FAA employees to receive bonuses or other financial incentive based on meeting manufacturer-driven certification schedules or quotas.

Repeal Authority for Industry to Set FAA Performance Goals: The bill repeals authority for the industry-friendly advisory panel, the Safety Oversight and Certification Advisory Committee (SOCAC), to set FAA performance goals and metrics for the agency’s Aircraft Certification and Flight Standards services that do not prioritize safety in the aircraft certification process. Safety must come first, not accelerated approval schedules. 

Require Up Front Review of Design Assumptions and New and Novel Aircraft Technologies: The bill prohibits the FAA from delegating its authority to ODA unit members until the FAA reviews and validates any underlying assumptions used in critical system design features. It also requires the FAA Administrator to establish an integrated project team of experts from the FAA and federal agencies, such as NASA and the Air Force, to advise the FAA on the certification process for aircraft with new technologies and novel systems. The integrated project teams will give an independent review and verification of the manufacturer’s submissions to the FAA, and recommend studies, analyses, and reports to aid in FAA’s review.

Create New Safety Reporting for FAA Employees: FAA employees will have new confidential reporting channels to flag safety concerns during certification or oversight processes. The Administrator will be required to review submitted safety reports, identify the root cause of any safety issue, and take appropriate action to rectify any errors. In a recent FAA internal survey, certification engineers questioned their ability to raise safety concerns without fear of reprisal and FAA leadership’s commitment to safety. This provision will provide a channel for FAA employees to report concerns without fear of retribution. The FAA must provide yearly report to Congress on the effectiveness of the safety reporting program. 

Repeal Authority Permitting Self-Certification by Industry: The bill repeals the “certified design and production” (CDPO) authority and makes clear that aviation manufacturers will not be able to self-certify their own aircraft, aircraft engines, and propellers. Congress first granted this CPDO authority in the 2003 FAA Reauthorization and expanded it in the 2012 Reauthorization. While the FAA has not yet implemented this authority, this bill would remove this authority and prevent FAA from further removing itself from the certification process. 

Repeal Authority for Automatic Delegation of Certain Functions: The bill repeals the requirement that the FAA must fully delegate all eligible tasks to an ODA, and repeals the requirement that the FAA must delegate all functions which are deemed by the FAA to be low and medium risk. Without these repeals, FAA would only be able to revoke a task delegated to an ODA if, after an investigation or inspection, FAA determined it was in the public interest. The bill ensures that FAA is in charge of making delegation decisions. 

Provide Expert Project Teams to Advise on Certification: The FAA will be assisted by an integrated project team—made up of technical experts from the FAA and federal agencies such as NASA and the Air Force—for certification of proposed large commercial aircraft. Throughout the process, the team will advise FAA on the plans, analysis, assessments, and reports necessary to properly evaluate these designs and technologies as well as advise FAA whether a request for an exemption or exception from the latest airworthiness standards is warranted. This team will provide more scrutiny of manufacturers’ designs, assumptions, and system safety assessments starting at the beginning of the certification process, providing more transparency to the certification process. The FAA must respond to the team’s recommendations in writing and include this in the certification project records.

Strengthen International Standards: The bill authorizes $5 million annually for fiscal years 2021 through 2023 to enable the FAA to provide increased technical assistance to foreign civil aviation authorities. This is an increase from the $3 million the FAA spends on this work annually. The bill also authorizes $2 million annually for fiscal years 2021 through 2023 in new funding to support FAA’s efforts to develop international requirements, issued by International Civil Aviation Organization, for training programs and operational policies on pilot training, automation and human-machine interface.

Require FAA to Review and Verify Human Factor Assumptions: The FAA must review and verify all underlying human factors assumptions before delegating certification tasks related to safety critical design features, such as flight control systems. In the 737 MAX certification process, the FAA failed to review and verify Boeing’s assumptions about pilot response time to the Maneuvering Characteristics Augmentation System (MCAS) activation (these assumptions turned out to be incorrect), and this bill would ensure that FAA scrutinize those assumptions more closely. 

Establish a National Air Grant Program: The bill establishes a National Air Grant Program that will assist Congress and the FAA with keeping peace with changing technology. The program will create opportunities for graduate and post-graduate students to closely engage with Congress and the FAA to develop policies aimed at promoting U.S.-led growth and innovation in the aerospace sector. The bill authorizes $15 million annually for fiscal year 2021 through 2025 in new funding for the fellowship program. 

Identify Emerging Safety Trends: A new biennial report to Congress, conducted by the Transportation Research Board, will identify emerging safety trends in air transportation. Based on accident investigation data from the National Transportation Safety Board, FAA, air operators, and foreign aviation safety authorities, the report will illuminate the latest trends impacting aviation safety, domestically and internationally, so policymakers and FAA can stay ahead of them. 

Require an Annual Assessment of FAA Safety Culture: The FAA is directed to conduct an annual safety culture assessment to survey aviation safety employees on the state of safety culture at the agency’s divisions responsible for the certification, production approval, and continued airworthiness of aircraft. The FAA’s internal survey revealed that frontline employees believe that senior leaders at the agency are overly concerned with achieving the business-oriented outcomes of industry stakeholders and are not held accountable for safety-related decisions. This assessment will inform the biennial emerging trends report to Congress.

Build FAA Expertise for Emerging Technologies: The FAA is required to examine and address any shortfall in the agency’s expertise regarding innovative aviation technologies, including future technologies. The bill authorizes $27,000,000 annually for fiscal years 2021 through 2023 in new funding for the FAA to recruit and retain engineers, safety inspectors, human factors specialists, software and cybersecurity experts, and other qualified technical experts who perform certification duties. Building the agency’s technical expertise will ensure that safety regulators can keep pace with ongoing technological advancements in the aviation industry. 

Facilitate Continuing Education of FAA Certification Employees: FAA personnel who hold positions involving aircraft and flight standards certification will receive additional continuing education and training, including in human factors, modern flight deck systems, and automation. The bill authorizes $10 million annually in new appropriations for fiscal years 2021 through 2023 in new funding for this program. 

Establish a New Center of Excellence (COE) on Flight Automation and Human Factors: The new COE will promote and facilitate collaboration among academia, the FAA, and aircraft and airline industry stakeholders to research automation and other technological advancements in aviation and examine issues related to human system integration and flight crew and aircraft interfaces. The bill authorizes $2 million annually for fiscal years 2021 through 2023 in new funding for the new COE. 

Increase Funding for Research on Composites and Advanced Aviation Materials: The bill authorizes funding for the FAA’s Joint Advanced Materials and Structures (JAMS) at $10 million annually for fiscal years 2021 through 2023. Led by the University of Washington and Wichita State University, the center of excellence (COE) conducts research on advanced composites and aerospace materials for commercial aircraft to support the FAA’s certification program. Funding for the COE was last authorized from fiscal years 2012 through 2015 at $500,000 per year, and the new authorization is double the approximately $5 million the FAA has funded the COE at in the last five years on average.   

Senator Cantwell has been a congressional leader in the push for aviation safety and certification reforms. In November, bipartisan aviation safety legislation she introduced with Chairman Wicker passed the Commerce Committee.

She has introduced multiple other pieces of legislation to codify expert recommendations into law and improve technical expertise to improve aviation safety – many of which have been incorporated into the final text of the Aircraft Certification, Safety, and Accountability Act. In October 2019, she introduced a bill to implement aviation safety recommendations from the NTSB, U.S. Department of Transportation’s Office of Inspector General (DOT IG), and the International Civil Aviation Organization (ICAO) that seek to address challenges related to increased automation in commercial aircraft cockpits, as well as how pilots respond to flight deck alerts and uncommanded flight control inputs. Earlier this year, she introduced bipartisan legislation to create one-year paid aerospace policy fellowship roles for graduate and post-graduate students in Congress, at the FAA, and in other federal agencies to help build a pool of talent conversant in emerging technologies for the FAA and Congress to draw from as they make policy in the aviation sector. She also introduced bipartisan legislation to authorize the FAA to work with other countries to strengthen pilot training standards and enable ICAO to further enhance worldwide aviation safety and training standards.

STATE NEWS HEADLINES:

Militia group plans to occupy Legislative Building in Olympia when session begins

While the group says it will not engage in violence, recent similar events, such as one last week in Oregon, have led to violence.--The Olympian

3rd small earthquake — and 2nd near Carnation in 2 days — hits Puget Sound area--Seattle Times.

Washington state prisoners are getting vaccinated for COVID-19 amid an outbreak--Seattle Times

State capitols face showdown over COVID powers and spending--Seattle PI

(2) Today's headline news.

WORLD NEWS HEADINES:

Lebanon: UN chief welcomes murder conviction for 1980 blue helmet killings.

United Nations Secretary-General António Guterres welcomed Lebanon’s decision to bring to justice the man found guilty of killing two UN peacekeepers decades ago.

COVID-19 threatening development gains in Cape Verde: a UN Resident Coordinator blog.

Progress made towards sustainable development by the Atlantic Ocean nation, Cape Verde, is under serious threat due to the COVID-19 pandemic according to the United Nations’ most senior official in the country. In this blog, UN Resident Coordinator Ana Patricia Graça, explains how the UN is supporting the small island country to rebound from the impact of the virus.

The virus that shut down the world: The plight of refugees and migrants.

In part four of our review of the global impact of COVID-19, UN News considers the new challenges faced by refugees and migrants during 2020; from a heightened risk of catching the COVID-19 virus in crowded camps, to being stranded due to travel restrictions, and becoming the targets of criminal gangs.

UN rights expert urges United States to remove sanctions hindering rebuilding in Syria.

A UN independent human rights expert, on Tuesday, called on the United States to remove unilateral sanctions against Syria that may hamper efforts to rebuild the war-torn country’s destroyed civilian infrastructure.

NATIONAL HEADLINE NEWS:

President Donald J. Trump Is Expanding Educational Opportunity For America’s Children And Families Impacted By The Pandemic--WH

Protecting U.S. Investors from Financing Communist Chinese Military Companies--Sec. of State

President Trump took decisive action last month to protect American investors and pension holders from funding Communist Chinese military companies (CCMCs) through Executive Order (13959) Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies.  The Trump Administration is coordinating closely to counter the threat these companies present to the economy and national security of the United States.

FDA Approves First Generic of Drug Used to Treat Severe Hypoglycemia

Agency Supports Development of Complex Generic Drugs to Improve Competition and Access to More Affordable Medicines.

DHS Modernizes Critical Identification Requirements after Congress Passes REAL ID Modernization Act.

BUSINESS & FINANCE:

Federal Reserve extends termination date of Main Street Lending Program facilities to January 8, 2021 to allow more time to process and fund loans that were submitted to Main Street lender portal on or before December 14, 2020--THE FED

U.S. DEPARTMENT OF LABOR RELEASES THE OFFICE OF LABOR-MANAGEMENT STANDARDS’ FISCAL YEAR 2020 ANNUAL REPORT OF PERFORMANCE AND ACTIVITIES.

Ten Individual and Corporate Defendants Settle FTC Charges that They Participated in, Controlled, or Benefitted from the Sanctuary Belize Real Estate Scam--FTC

Improved North American Coordination on Essential Functions Policy Simply Cannot Wait--US CHAMBER OF  COMMERCE

IN OTHER HEADLINES...

'A Direct and Severe Violation': Court Strikes Cuomo's COVID-19 Orders on Churches, Synagogues--PJ MEDIA

Perdue, Loeffler support increasing stimulus checks to $2,000--Washington Times

Trump ends Obama's run as America's most admired man--Washington Examiner

Lawmaker, Other Republicans Sue Pence To Stop Biden from Taking Office--WJ

TODAY'S BIBLE VERSE

John 14:1-3 (New King James Version)

 

“Let not your heart be troubled; you believe in God, believe also in Me. In My Father’s house are many mansions; if it were not so, I would have told you. I go to prepare a place for you. And if I go and prepare a place for you, I will come again and receive you to Myself; that where I am, there you may be also.