by Donald J. Borut

As September came to a close, so too did the pre-election posturing and legislative dance in the halls of Congress. The last few weeks were definitely not a time of reflective engagement on critical and important issues facing our nation and, more specifically, the cities and towns of America. Rather it was a moment to pander, pontificate and polarize and at best, from the perspective of municipal officials, do as little harm as possible.

A brief review of the issues that filled the days and hours of floor debate provides wonderful fodder for the late-night comics who could easily have dismissed their writers and simply read from the Congressional Record. This is definitely not the most attractive face for our political system, but it is what it is. As an association representing the interests of local governments and the citizens they serve, we at NLC need to accept and address this reality in the most effective way possible.

For the most part, that has meant working to oppose additional unfunded federal mandates and efforts to preempt or take away local home rule authority. To that end, local elected officials, their state municipal leagues, our local coalition partners and NLC staff have been working to block, slow down or change draconian proposals that members of Congress pushed to get on the legislative calendar.

Three priority areas reflect the challenges we have been addressing ? video franchising, eminent domain and property rights, and enforcement of immigration laws by local law enforcement officers.

Earlier this year, the House approved telecommunications legislation that preempted the power of local governments to negotiate video franchise agreements over the use of rights of way, payments for their use and protection of consumer interests. For the moment, local officials have successfully helped block similar legislation and even more disastrous amendments in the Senate, which, if adopted, would eviscerate local tax control and dramatically cut local revenues on which cities depend.

For example, the City of Tacoma, Wash., which currently collects some $3 million in locally adopted cable modem and DSL taxes, would have lost that revenue under language proposed in the Senate.

Local officials support competition in the provision of video and other telecommunications services and recognize and appreciate the benefits that will come with the development of new technologies. However, those lobbying Congress to bypass local government are using the evolution of creative technologies as an excuse to get a competitive advantage over existing providers of video services. In today?s political climate, it has been difficult, if not impossible, to have reasoned discussion on this issue.

And on the fundamental issues of eminent domain and private property rights, reasoned discussion is a non-starter for many members of Congress, both Republicans and Democrats. This issue has been hyper-politicized, making it difficult to have a reflective debate on the constructive uses of these powers or an appreciation that this is most appropriately addressed at the local and state levels.

In spite of efforts by municipal officials and others, the House adopted the Private Property Rights Implementation Act, which would permit property owners to bypass state courts and go directly into federal court with a challenge to local land use and zoning actions. Recent legislative proposals in the Senate to withhold economic development funds from a city if eminent domain was exercised for economic development purposes fortunately did not get to a vote. For the moment, a basic tenet of American federalism was not breached. Again, NLC and our allies were compelled to defend and react.

One of the most important domestic issues, and clearly the most divisive this year, has been immigration reform with the House adopting strictly enforcement legislation and the Senate and President Bush advocating for a comprehensive approach, including enforcement and a path toward citizenship. With the run up to the November election, this issue has been radioactive, dividing the Congress but not on partisan lines alone.

A component of this immigration battle that directly affects cities has been the proposed Clear Law Enforcement for Criminal Alien Removal (CLEAR) Act, passed by the House, which would allow for state and local enforcement of federal immigration laws. If adopted by the full Congress, it could undermine long-term efforts by local law enforcement to create trust within immigrant communities.

In the closing hours before the pre-election recess, Congress funded the building of a 700 mile wall on our Southern border, but because of aggressive efforts by local elected officials and police, the CLEAR act was not adopted by the Senate ? for now. Again the focus of NLC and our allies was to prevent the preemption of local authority and stop a potential unfunded federal mandate.

In this dysfunctional political atmosphere, there has been an important positive and constructive success that gives hope that the interests and needs of local governments can still be heard. This year, in spite of efforts by the Administration to again cut the highly successful Community Development Block Grant program, it appears to have survived with a slight increase in funding.

This is truly a result of aggressive advocacy by local officials and appreciation by members of Congress of the positive results of this program. The Administration did propose and support increased funding in key housing programs, including Section 8 Housing, HOME and Homeless Assistance Programs.

Even the most optimistic advocate for the interests of municipal government and local communities would acknowledge that, in the recent weeks, we witnessed members of Congress accelerating efforts to preempt the fundamental powers and prerogatives of local government, which is closest to the people. This has not been a pretty picture and, while the potential damage of congressional action was limited as Congress returned home to campaign, there remains the need for aggressive vigilance and advocacy by local elected officials.