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

Amy Walter, National Editor of the Cook Political Report and former Political Director of ABC News, will be returning to speak at the NECA 2020 National Legislative Conference.

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

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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. 

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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.

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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. 

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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! 

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We're currently working on an unannounced PC/console title (with an exciting pedigree), and need help bringing the game world to life. If you love building levels and bringing worlds to life for players, read on!Responsibilities Creating interesting, lived-in worlds with clever world building in Unreal Engine. Placing environment assets, VFX, lighting, and so on Establishing and maintaining technical requirements for environment assets and levels Working closely with designers to iterate on and finalize level layouts Utilization of 3DS Max or Maya, Photoshop, and other related tools to author environment assets Working with art leadership to review, critique and iterate on work Required Familiarity with the usual tools of the trade: modeling tools, game engines, source control, and so on. A keen willingness to adapt work as design iterates or evolves A do-whatever-it-takes mindset: flexibility to learn and grow to fill the needs of a small team Good understanding of how to create believable and visually memorable levels Good understanding optimization needs and other technical requirements regarding performance 5+ years of experience, demonstrating the above responsibilities in action Must be immediately eligible to work in the United States Pluses Titles shipped using Unreal Titles shipped across major platforms Affinity to learning new tools and techs Proficiency creating hand-painted textures Please note, due to a high volume of applicants we cannot reply to each individually. Only those in consideration for a position will receive a reply. Thank you!

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