This week in Government Affairs, Federal Government consolidates platforms for federal work, NECA urges Congress to pass appropriations bills before deadline and 2019 NECAPAC contributions deadline announced.

This week in government affairs: NECA opposes bill to raise top tax rate for pass-throughs, NECA member testifies before the house small business committee and NECA Wins in NDAA.

1. NECA Wins in Year-End Funding Bills

On December 17, 2019, Congress passed two funding bills, H.R. 1158, FY2020 Consolidated National Security Appropriations Package and H.R. 1865, FY2020 Consolidated Domestic and International Assistance Package, both resulting in big wins for NECA contractors.

NECA’s Look Ahead: In addition to ensuring the full operation of the federal government for the remainder of Fiscal Year 2020, several of NECA’s top legislative priorities were included:

• Full repeal of the Affordable Care Act’s (ACA’s) 40 percent “Cadillac Tax”

• Allowing 529 savings accounts to be used for costs associated with Department of Labor (DOL) registered apprenticeship programs

• Seven-year reauthorization of the Terrorism Risk Insurance Program

• Extension of the National Flood Insurance Program

• Full repeal of health insurance tax (HIT) and the medical device excise tax

• Seven-year authorization of the U.S. Export-Import Bank

• An extension of 179D energy efficiency tax deduction retrospectively from 2017 and prospectively through 2020

• $1 billion for Better Utilizing Investments to Leverage Development (BUILD) grants

Summaries of the package can be found below:

Full Package Summary – H.R. 1158

Full Package Summary – H.R. 1865

Division Q – Summary (Revenue Provision Amendment)

2. USMCA Passes the House

On December 19, 2019, the House passed, in a 385 to 41 vote, the NECA-supported United States-Mexico-Canada Agreement (USMCA), H.R. 5430, to replace the North American Free Trade Agreement (NAFTA).

NECA’s Look Ahead: Now that the USMCA has passed the House, it will move to the Senate. Under the Trade Promotion Authority (TPA), the bill procedurally spends up to 15 legislative session days in the Senate Finance Committee. Then, there are up to 15 session days for the Senate to vote on the floor. With Impeachment Articles passed from the House taking precedent, USMCA is unlikely to see a Senate vote any time before late February.

3. Impeachment Update

On December 18, 2019, the House of Representatives took up impeachment procedure and  passed H. Res. 755 – “Impeaching Donald John Trump, President of the United States, for high crimes and misdemeanors” by a vote of  230 – 197, 1 for Article I and by a vote of 229 – 197, 1 for Article II.

NECA’s Look Ahead: It remains unclear when the two articles of impeachment will reach the Senate. When they do arrive to the Senate, it is expected that the Senate will begin the trail immediately.  

NECA's top three legislative items for the week of January 6, 2020.

NECA's legislative top three for the week of January 17, 2020

This week in NECA Government Affairs we spotlight infrastructure legislation, the new SBA Administrator and the newly signed US/China Trade Agreement.

Top three in Government Affairs for the week of January 31.

NECA Government Affairs top three for the week of February 7, 2020.

1. Hearing on Expanding the Family and Medical Leave Act

On Tuesday, February 11, 2020, the Workforce Protections Subcommittee held a hearing to discuss the issue of paid family leave. This hearing examined the different ways that the Family and Medical Leave Act (FMLA) could be updated to best benefit employees, employers, and the American economy. Among suggested updates are expanding eligibilty under the FMLA, reducing exclusions, promoting tax cuts to businesses that provide paid leave, and increasing employee access to additional paid leave options.

NECA’s Look Ahead: NECA will continue to monitor this issue as different solutions to paid family and medical leave are presented, working with legislators to reduce the impact on the electrical construction industry. 

2. President Trump Releases Budget Proposal to Congress 

On March 11, 2019, President Donald Trump released his budget proposal to Congress, “A Budget for America’s Future”. The budget and detailed summaries are found here. 

NECA’s Look Ahead: The President’s budget in its current form will not be passed by Congress to become law. The budget is largely seen as a political document. Regarding government funding, the House is expected to introduce the twelve appropriations bills in Subcommittee by the end of April, with the full committee hearings expected in May. The goal is to pass the twelve bills through the House by July. The Senate is expected to pass their version in June.

3. Your Vote Counts!

The 2020 state primary elections are coming up, so be sure to make your vote count! NECA contractors are uniquely positioned to play an important part in our nation's electoral process. NECA is a diverse organization comprised of many voices and election day is your opportunity to make your voice heard.  

NECA’s Look Ahead: Be sure you are registered to vote in your state before election day and research the candidates on your ballot to see where they stand on issues important to you.

1. Senate to Vote on America’s Transportation Infrastructure Act 

On February 12, 2020, NECA joined dozens of other organizations and sent a letter to Senate leadership urging quick action on the NECA-supported America’s Transportation Infrastructure Act (ATIA) (S. 2302).

NECA’s Look Ahead: NECA has long believed that we must find a sustainable solution to our nation’s surface transportation. We were encouraged last summer when the bill passed out of the Senate Committee on Environment and Public Works (EPW) and was the largest highway bill ever passed, authorizing $287 billion over five years. We will be continuing to urge the swift passage of this important legislation.

2. Take Action: Tell Your Representative to Support H.R. 5644 to Prohibit Reverse Auctions

The Construction Consensus Procurement Improvement Act of 2020 (H.R. 5644) would prohibit the use of reverse auctions on federal construction projects. The Senate already passed this important legislation, and NECA remains optimistic that this sensible reform can pass the House and be enacted into law. Tell your Representative to cosponsor H.R. 5644 today!

NECA’s Look Ahead: The U.S. Army Corps of Engineers issued a report stating that using reverse auctions to procure construction services did not guarantee the lowest price nor did it establish any clear benefits over the traditional sealed-bid approach. Awarding contracts solely on price requires contractors to cut costs in materials and labor, ignoring the importance of quality construction and the consideration of life-cycle costs.

3. Recess Weeks are for In-District Visits

Congress was in recess this week, which is the perfect opportunity to set up a meeting with your Member of Congress at home in your districts. In-district visits are a great opportunity for your congressman to tour your company, jobsite, or training center to learn about NECA and the electrical contracting industry. Visit NECA’s Congressional Visit Toolkit to learn how to set up your meeting today!

NECA’s Look Ahead: Remember, you can earn 5 points for your NECA chapter with each in-district visit in the Chairman’s Challenge. You can also earn points for sending a letter through our Legislative Action Center or attending the upcoming National Legislative Conference. 

1. New Joint Employer Rule Issued by the NLRB

On February 25, 2020, the National Labor Relations Board released the details of a new joint-employer liability rule. This new rule, which began the regulatory process almost two years ago, reverts the regulatory language back to its pre-2007 form, requiring companies to exercise direct control over workers to be considered their employer. The new joint-employer rule creates a much higher threshold for the employers to be held jointly liable for violations; benefiting organizations and corporations structured around franchising and third-party hiring.

NECA’s Look Ahead: This rule takes effect April 27, 2020. NECA will continue to monitor this rule change, assessing its impacts on jobsites.

2. The Protecting Business Opportunities for Veterans Act Passes the House 

On February 25, 2020, H.R. 561, the Protecting Business Opportunities for Veterans Act, passed the House by unanimous voice vote. This legislation will aid veteran-owned small businesses by directing the Department of Defense and Department of Veterans Affairs to contract with those businesses. Veteran-owed small businesses will be required to perform a majority of the work they are awarded on these government contracts with large subcontractors and will be restricted from performing the work set aside for these types of small businesses. 

NECA’s Look Ahead: NECA applauds the House on the unanimous passage of this legislation and expects it to be received favorably in the Senate. We will continue to monitor this issue as it moves to the Senate and are confident in a positive outcome.

3. The Committee on Small Business Held Hearing to Discuss FY2021 Budget

On February 26, 2020, the House Committee on Small Business held a hearing to discuss the 2021 Budget with the Small Business Administrator. Recently appointed Administrator, Jovita Carranza, gave an overview of the administration’s budget requests and the committee was able to examine the potential opportunities and challenges that small businesses participating in the SBA’s programs will face. 

1. Hearing Held to Reauthorize the National Apprenticeship Act

On Wednesday, March 4, 2020, the Higher Education and Workforce investment Subcommittee held a hearing to discuss reauthorizing the National Apprenticeship Act. The National Apprenticeship Act, originally passed in 1937, will be amended to expand the apprenticeship system to include broader forms of apprenticeship programs. This discussion is centered around how to modernize the Act and bring apprenticeships into the 21^st century.  

NECA’s Look Ahead: Preserving these valued apprenticeship programs is a priority. NECA continues to work closely with legislators while this bill is being shaped.

2. NLRB Chairman and General Counsel to Testify Regarding Funding     

Next week, the Chairman and General Counsel of the National Labor Relations Board are scheduled to testify before the House Appropriations committee. This hearing is anticipated to be contentious with lawmakers inquiring as to the reasons behind the Trump Administration’s request to lower the board’s funding by 10%. At the same time, the NLRB’s regional offices are plagued with under-employment and the board itself is dogged with hearings and legal challenges over ethical conflicts of interest.

NECA’s Look Ahead: While historically the National Labor Relations Board has been a contentious and often politicized place, this hearing is expected to highlight the new level of dysfunction that now riddles the Board. NECA believes that lawmakers should continue to fully fund the NLRB and encourage their leadership to expedite the hiring of their regional offices.

3. Congress Passes Coronavirus Funding Bill

On Wednesday, March 4, 2020, Congress passed a NECA-supported bill, H.R. 6074, the Coronavirus Preparedness and Response Supplemental Appropriations Act.

NECA’s Look Ahead: This bill addresses the critical funding issues surrounding the U.S. response to the Coronavirus outbreak. The bill includes the following:

• $4 billion to make diagnostic tests more broadly available

• $2.2 billion for the Centers for Disease Control and Prevention (CDC) for a robust response, including:

• $1 billion exclusively for state and local response efforts
• $300 million for CDC’s Infectious Diseases Rapid Response Reserve Fund
• $20 million to administer disaster assistance loans for small businesses impacted by the virus.
• $1.25 billion for the State Department and (USAID)
• $264 million to evacuate Americans and maintain consular operations overseas

1. NECA Helps Secure Construction Industry Exemption in Final IRAP Rule

On March 10, 2020, the Department of Labor released the final rule of the Industry-Recognized Apprenticeship Programs (IRAP) regulation. The final rule contains a permanent construction industry exemption, thereby protecting our industry from participation in IRAPs. NECA released a statement thanking the Administration for recognizing that the construction industry has longstanding expertise in the creation and execution of apprenticeships.

NECA’s Look Ahead: NECA strongly advocated for the construction industry’s exemption, with thousands of NECA contractors sending comments to the Department of Labor. By securing this exemption, the long-established, gold standard apprenticeship model that NECA Contractors utilize will remain intact and not be subjected to these parallel programs which will operate with less scrutiny and limited educational requirements.

2. The House Introduces Legislation to Address COVID-19 Outbreak

Washington D.C., like the rest of the nation and world, is responding to the outbreak of the COVID-19 (Coronavirus). On the evening of March 11, President Trump addressed the nation live from the  Oval Office. On Capitol Hill, negotiators continue to work to find a compromise between competing coronavirus response bills.

NECA’s Look Ahead: In response to the crisis, the Senate plans to cancel a previously scheduled recess week. The House will gavel out today and will return to Washington D.C. on March 23, 2020 to finish the negotiations on a final response package. NECA CEO, David Long, released the following statement in response to the legislative and regulatory negotiations: “ NECA government affairs remains fully engaged with Members of Congress, the Department of Labor, and OSHA on how to best handle the COVID-19 outbreak with safety being a top concern for our contractors and their employees. We continue to monitor legislation coming out of Congress to address the economic impact of this outbreak and will inform our contractors on how to best work with the new regulations when they are finalized.”

3. NLRB Chairman Testifies Regarding Funding      

On March 11, 2020, the House Committee on Appropriations held a hearing on the National Labor Relations Board Budget Request for FY 2021. Testifying on behalf of the NLRB was the Honorable John Ring, Chairman of the National Labor Relations Board. The NLRB budget request and justification documents can be found here.

NECA’s Look Ahead: The NLRB’s FY 2021 budget request funds their mission to protect the rights of employees, unions, and employers under the National Labor Relations Act (NLRA). NECA believes that lawmakers should continue to fully fund the NLRB and encourage their leadership to expedite the hiring of their regional offices.

1. Congress Passes Families First Coronavirus Response Act 

On March 18, 2020, the President signed into law the Families First Coronavirus Response Act (H.R.6201). NECA was able to work with Members of Congress to address many of the concerns related to paid sick leave and paid family leave. H.R. 6201 states that the paid sick and family leave mandate is optional for businesses with less than 50 employees and makes no mandate or credit for businesses with more than 500 employees. The new provision ensures that no business will be saddled with a financial liability larger than the payroll tax credit it receives. More information is available in NECA’s full summary.

NECA’s Look Ahead: The legislative process remains fluid and this bill is the second in a series of at least three bills designed to address this crisis. NECA continues to work with Members of Congress to ensure economic relief for our contractors in the Phase III stimulus package. 

2. The U.S. Department of the Treasury and IRS to Provide Relief from Tax Payments

On March 18, 2020, the U.S. Department of the Treasury released a statement on what was being done to minimize the impact COVID-19 has on families and small businesses. This guidance allows tax payments to be deferred until July 15, 2020, with no penalties or interest. Those individuals that owe less than $1 million and corporations that owe less than $10 million qualify for this relief. The IRS resource page on Coronavirus Tax Relief can be found here.

NECA’s Look Ahead: NECA supports the actions being taken by the U.S. Treasury Department and IRS. We will continue to monitor the impacts of COVID-19 legislation on NECA contractors as well as any changes the Federal Government makes to provide relief. 

3. Register Today for the Government Affairs Webinar

On March 26, 2020 at 2:00 PM EST, NECA’s Government Affairs team will be hosting our quarterly Political Leadership Council (PLC) town hall webinar, but for one time only, we are allowing all NECA members to register for this webinar. NECA is devoted to keeping all our contractors up to date on the latest in Washington concerning the coronavirus.

NECA’s Look Ahead: The webinar content will focus on the legislation included in the coronavirus response package. The team will give an overview of Phases I and II, that have already passed Congress, as well as the status of Phase III.

Register Today

1. Administration Calls for Additional Funding for PPP

One of the most popular programs created in the CARES Act, the Paycheck Protection Program (PPP), has released over $70 billion to small businesses to help them remain viable during this pandemic. Due to the large demand, the Administration has requested additional funding for that program in a letter to Congressional leaders.

NECA’s look Ahead: Senate Democrats requested an additional $250 billion for hospitals and local governments in addition to funding for the PPP while Republican leaders argued that funding for the PPP is the only account that requires additional immediate funding at this time. The Senate adjourned on April 9, 2020 unable to pass additional funding for the PPP under unanimous consent.

2. Treasury Guidance Clarifies Qualifications for PPP Borrowers

With the passage of the CARES Act, many agencies have been scrambling to enact the reforms and programs developed in rapid time. One such program, the Paycheck Protection Program, which allows substantial loans to be granted under favorable terms by the Small Business Administration, came under scrutiny for potentially requiring businesses to meet both size and revenue requirements instead of just the size requirements (under 500 employees) originally required. While this scrutiny came from an over-cautious interpretation of an earlier guidance, the Treasury Department offered additional guidance to make it clear to borrowers that they may meet either the revenue standards listed under a given NAICS code or qualify by having less than 500 employees. 

NECA’s Look Ahead: NECA worked with key leaders once the CARES Act was signed into law to attain greater clarity on this issue for our contractors. This new change will give NECA contractors the predictability they need to move forward with the new SBA loan program. We will continue to monitor the implementation of the CARES Act and continue to maintain in constant conversation with Congressional staff and agency officials to communicate the needs of our members. 

3. DOD Releases Rule on Payment to Small Business Contractors

Earlier this week the Department of Defense (DOD) released a final rule on the defining and implementation of accelerated payments to classified small businesses under DOD contracts. The rule (DFARS Case 2018–D068) which finalizes the implementation of a section from 2019’s National Defense Authorization Act urges the federal government to pay small business contractors within 15 days of the receipt of a proper invoice. While this is only a goal for the federal government and not a direct mandate, which NECA advocated for in the past, we view this final rule and its upcoming full implementation as a positive step forward.

NECA’s Look Ahead: We encourage NECA contractors to read the final rule and monitor its implementation on DOD contracts. With your feedback and on-the-ground experiences, we will be better able to make lawmakers and agency officials aware of its progress.

1. OSHA Issues Additional Guidance on COVID as Recordable Illness

On April 10, 2020, OSHA released updated enforcement guidance for recording cases of COVID-19. The guidance clarifies that OSHA’s recordkeeping requirement for COVID-19 as a recordable illness applies to those in the healthcare industry and emergency response organizations. OSHA will not enforce its recordkeeping requirements to employers outside of these sectors.

NECA’s Look Ahead: NECA has been working with OSHA to make this clarification to ensure that NECA contractors are not responsible for recording COVID-19 on their OSHA 300 logs on the basis that it is impossible to prove COVID-19 was contracted on the jobsite.

2. GSA Issues Order Allowing Electronic Signatures for Bonding

NECA Government Affairs has worked with allied groups in the construction industry to push the General Services Administration (GSA) to issue an order allowing bonding vendors and sureties to use electronic signatures instead of the typically required ‘wet’ signatures. By doing so, our contractors can receive bonding, necessary on a majority of jobs, sooner and with less unnecessary contact during these challenging times.  We are pleased to announce that this reform was recently issued. While this strictly applies to only GSA contracts, NECA government affairs, along with others, is working to spread this reform to the entirety of the federal government.

NECA’s Look Ahead: Our contractors commend the GSA for their prompt response and reasonable revision. NECA will continue to work with the GSA and other construction industry groups to push for responsible reform and the removing of barriers to our industry’s reinvigoration.

3. NECA Calls for Additional Funding for Paycheck Protection Program

NECA and many of its Chapters joined over two hundred trade associations in sending a letter to Congress to urge emergency funding for the Paycheck Protection Program (PPP). The PPP has been very successful and widely utilized by the construction industry according to the Small Business Administration. The program ran out of funding on April 16, 2020.

NECA’s Look Ahead: With both the House and the Senate officially out of session until May, it  seems unlikely that Congress will be able to agree to and pass by unanimous consent, NECA remains committed to urging Congress to continue to fund this important program and return to Washington D.C. to start critical negotiations for Phase IV COVID-19 legislation. 

1. Congress Passes Legislation to Increase Funding for PPP

On April 23, 2020, the House passed, in a 388 to 5 vote, the Senate Amendment to H.R. 266 – Paycheck Protection Program and Health Care Enhancement Act. This legislation reauthorizes the Paycheck Protection Program (PPP), which was passed in the Senate by unanimous consent on April 21, 2020. NECA advocated for additional funding and are confident that this amendment will continue to help NECA contractors keep their employees on payroll during this crisis.

NECA’s Look Ahead: The NECA-supported bill is expected to be signed into law by the President immediately. A detailed section by section summary can be found here. NECA has also compiled some FAQs on this loan program. NECA is continuing to work with congressional leaders on upcoming Phases of COVID-19 response bills. A major Phase IV bill is expected sometime in May.

2. NECA Weighs in on Main Street Lending Program

A group of congressional allies sent a letter to Treasury Secretary Steven Mnuchin and Vice Chairman for Supervision of Federal Reserve Board of Governors, Randal Quarles, requesting the inclusion of S corporations, LLCs, and partnerships in utilizing the Main Street lending facilities announced by Treasury and the Federal Reserve. 

NECA’s Look Ahead: The letter was organized in response to a coalition letter, which NECA supported, to Rep. Warren Davidson (R-Texas) on the issue. NECA will update its members once we have received a formal response from the Department of the Treasury.

3. Register Today for the Upcoming Government Affairs Webinar

On May 5, 2020 at 2PM ET, NECA’s Government Affairs team will brief participants on NECA’s requests for Congress in the Phase IV coronavirus response legislation, then participants can take action and send a letter to their Member of Congress requesting help for the electrical construction industry to remain viable during this crisis. Participants will also hear messages from key Members of Congress on the current legislative response to the coronavirus pandemic. 

Register Today! 

1. Senators Release Water Infrastructure Legislation

The Senate Environment and Public Works Committee, chaired by Senator John Barrasso (R-Wy.) and Ranking Member Tom Carper (D-Del.), released two NECA-supported water infrastructure bills, the America’s Water Infrastructure Act of 2020 (AWIA 2020) and Drinking Water Infrastructure Act of 2020.

NECA’s Look Ahead: These bipartisan bills address the critical need to secure water infrastructure. The are successor bills to the NECA-supported America’s Water Infrastructure Act of 2018 that easily passed through Congress and was signed into law in 2018. NECA will continue to monitor this important legislation as it moves through Congress.

• Read the section-by-section of the draft AWIA 2020 here.
• Read the section-by-section of the Drinking Water Infrastructure Act here.

2. Senate Returns to Washington Next Week

The Senate is scheduled to return to D.C. on Monday, May 4, 2020, to begin filling judicial vacancies and continue work on new coronavirus legislation. Senate Majority Leader Mitch McConnell (R-Ky.), released the following statement on this decision. The House has decided to postpone returning until further notice. Majority Leader Steny Hoyer (D-Md.) is expected to release an anticipated return date soon.  

NECA’s Look Ahead: NECA looks forward to the Senate being in session to work on additional coronavirus legislation. The government affairs team continues to advocate on behalf of our contractors during this period.

3. Register Today for the Upcoming Government Affairs Webinar

On May 5, 2020 at 2 p.m. EDT, NECA’s Government Affairs team will brief participants on NECA’s requests for Congress in the Phase IV coronavirus response legislation. During this webinar, participants can take action and send a letter to their Member of Congress requesting help for the electrical construction industry to remain viable during this crisis. Participants will also hear messages from key Members of Congress on the current legislative response to the coronavirus pandemic. 

Register Today!

NECA’s Look Ahead: NECA is committed to ensuring the voices of our industry are heard during this time. We continue to advocate for the needs our contractors daily and remain devoted to keeping our members well informed on the policies impacting them.  

1. PPP Safe Harbor Deadline Extended

On May 5, 2020, the U.S. Treasury Department extended the safe harbor date for those that applied for a PPP loan prior to April 24, 2020. The original date, May 7, 2020, has been pushed back to May 14, 2020. Borrowers will not need to apply for the extension and additional guidance on how the SBA will review the certification will be provided shortly. NECA released the following alert pertaining to the extension and forthcoming guidance.

NECA’s Look Ahead: NECA is pleased by this extension after sending a letter to the Treasury department last week. We continue to advocate for NECA contractors as we move forward during this time.

2. Bill Introduced to Make 501(c)(6) organizations Eligible for PPP Loans

On May 5, 2020, Representatives Chris Papas (D-NH), Brian Fitzpatrick (R-PA), and Greg Steube (R-FL) introduced H.R.6697 – “Local Chamber, Tourism, and 501(c)(6) Protection Act of 2020”. This NECA supported legislation would expand the Paycheck Protection Program by allowing 501(c)(6) organizations, such as NECA Chapters, to access the Paycheck Protection Program to meet payroll and other necessary expenses during this crisis. 

NECA’s Look Ahead: NECA will encourage the inclusion of this bill in any future COVID-19 relief package along with additional PPP reforms such as:

• Extending the PPP to more than eight weeks or allow companies to apply again after the first eight-week period ends.

• Increasing the qualified expenses covered under the Paycheck Protection Program to include nonpayroll expenses.

3. NECA Requests Infrastructure Support in Next COVID-19 Bill

NECA joined 71 trade associations and labor unions in a coalition letter to President Trump to encourage continued support for infrastructure in the next Phase of COVID-19 legislation.

NECA’s Look Ahead: NECA continues to advocate before the Administration and Congressional leaders for the inclusions of major infrastructure investment as a corner stone for the next phase of COVID-19 legislation, often referred to as Phase IV.

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