FWIW, here’s a draft of what the accursed FCRA Criteria could look like as a workable (if not pretty) revision. The red ink is the operative part. For face-saving purposes, I left as much of the original word salad as possible but cut out the harmful stuff and replaced it with straightforward ‘sovereign power’ criteria, as described in the New Approach. I also left revised versions of all the questions. These erstwhile ‘criteria’ are now actually directed to the two real criteria that are explicitly stated.
I continue to think it should be easy for applicants to show that they weren’t forced to finance a cost-share and that they were acting in their own, non-federal, self-interest. Of course, stakeholders will be a better judge of that.
I’m not 100% sure that OMB wouldn’t still use the revised Criteria (in whatever form they are) to slow-walk or reject applications. The hatred runs deep, as inexplicable as that might seem to normal people. But OMB approval is going to be necessary for any federal infrastructure loan program deal so the realistic goal is to try and establish as many clear, brightline rules as possible. That may at least reduce the overreach of this insane private agenda.
I used to think that if OMB was presented with a clear demonstration that the current Criteria are an embarrassing mess and offered a face-saving solution they might go for it. Now, after seeing their equally embarrassing disinformation efforts on CWIFP funding in the 2026 WH budget, I’m pretty doubtful. I think we’re in Captain Ahab territory on this one — insane, obsessive — and the OMB individual or group that’s dedicated to taking down CWIFP will never concede defeat. It will have to be forced on them. That’s not going to be easy.