WASHINGTON — Today, 91proÊÓÆµ, U.S. Chamber of Commerce, and 15 other leading business associations representing a cross-section of the U.S. economy urged the Biden Administration to hold a public comment period to help support the timely and strategic procurement of essential equipment to enable the implementation of the Infrastructure Investment and Jobs Act (IIJA). In a letter to administration officials, the groups underscored the importance of stakeholder input as the Office of Management and Budget develops guidance to support federal agencies’ application of the newly expanded Buy America requirements.

“Given the breadth of newly affected infrastructure projects, the sheer amount of funding, the novelty of these requirements in certain sectors, and the ambitious implementation timelines, it is critical that guidance related to the Infrastructure Investment and Jobs Act’s expansion of Buy America requirements fully considers industry’s experience with supply chains and provides for the consistent application of the rules across the federal government,” the groups wrote. “Without sufficient stakeholder engagement to ensure the implementation of Buy America requirements aligns with the realities of the existing commercial marketplace, it is plausible that the planned investments in utilities (e.g., water and power), electric vehicle infrastructure, broadband, roads, and bridges will not come to fruition[…]. The stakes are simply too high to undermine the effective realization of Infrastructure Investment and Jobs Act-funded projects owing simply to a lack of stakeholder engagement around new requirements, including a timely and workable waiver process.”

91proÊÓÆµ, U.S. Chamber of Commerce, ACT | The App Association, American Clean Power Association, American Council of Engineering Companies, American Public Transportation Association, American Road and Transportation Builders Association, American Society of Civil Engineers, Associated General Contractors of America, Association of Equipment Manufacturers, National Association of Clean Water Agencies, National Defense Industrial Association, National Foreign Trade Council, Portland Cement Association, TechNet, Water and Wastewater Equipment Manufacturers Association, and WateReuse Association signed the letter.

Read the full letter here or below.

March 22, 2022

Dear Director Young:

The undersigned associations stand ready to work with you and others across the Administration to ensure projects funded through the landmark bipartisan Infrastructure Investment and Jobs Act (IIJA) achieve their full potential.

We understand the Office of Management and Budget (OMB) is working to develop guidance to support federal agencies’ application of the IIJA’s expansion of Buy America requirements. Given the breadth of newly affected infrastructure projects, the sheer amount of funding, the novelty of these requirements in certain sectors, and the ambitious implementation timelines, it is critical that guidance related to the IIJA’s expansion of Buy America requirements fully considers industry’s experience with supply chains and provides for the consistent application of the rules across the federal government. Without sufficient stakeholder engagement to ensure the implementation of Buy America requirements aligns with the realities of the existing commercial marketplace, it is plausible that the planned investments in utilities (e.g., water and power), electric vehicle infrastructure, broadband, roads, and bridges will not come to fruition.

To these ends, we strongly encourage OMB to hold a public comment period to solicit and incorporate necessary stakeholder input prior to finalizing guidance for federal agencies. The stakes are simply too high to undermine the effective realization of IIJA-funded projects owing simply to a lack of stakeholder engagement around new requirements, including a timely and workable waiver process. Seeking public comment in parallel with agency work to develop the IIJA programs should keep potential delays to a minimum.

Thank you for your consideration and your leadership. Our associations are committed to making these projects a success. Providing for formal stakeholder engagement through a public comment period to inform OMB’s guidance would be an important first step to support more seamless implementation in the years to come.

Sincerely,

ACT | The App Association

American Clean Power Association

American Council of Engineering Companies

American Public Transportation Association

American Road and Transportation Builders Association

American Society of Civil Engineers

Associated General Contractors of America

Association of Equipment Manufacturers

91proÊÓÆµ (91proÊÓÆµ)

National Association of Clean Water Agencies

National Defense Industrial Association

National Foreign Trade Council

Portland Cement Association

TechNet

U.S. Chamber of Commerce

Water and Wastewater Equipment Manufacturers Association

WateReuse Association

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