The National Telecommunications and Information Administration (NTIA) broke the law when it overstepped Congress in implementing changes to a key national broadband program last summer, the Government Accountability Office (GAO) found.
Changes to the Broadband Equity, Access, and Deployment (BEAD) program that eliminated labor and employment requirements, climate reporting mandates, and the Biden administration’s “fiber-first” approach were unlawful, according to a GAO audit last month.
The $42.5 billion BEAD program was established under the Bipartisan Infrastructure Law in 2021. It provides broadband access grants to underserved or unserved communities through funding planning, infrastructure deployment, and adoption programs.
Last spring, the Trump administration said it would review the BEAD program, after claiming it was so far unsuccessful. Then, in June, NTIA published a policy notice outlining the program changes.
The changes did not comply with the Congressional Review Act (CRA), which requires that any rule changes made by federal agencies to first be submitted to Congress and the comptroller general for review and approval before taking effect, GAO said.
Simply publishing a policy notice does not satisfy requirements under the CRA, GAO officials said, noting that because the notice “implements, interprets, or prescribes law or policy,” NTIA needed to go to Congress first.
Prior to the policy changes, the BEAD program announced it had approved “Internet for All” plans from all 50 states, the District of Columbia, and the five participating territories.
After requiring states to shift their requirements to comply with the updated policy, 18 states’ final proposals have been approved by the NTIA. A total of 53 out of the 56 states and territories have submitted final proposals.
It is unclear how GAO’s finding will affect those proposals and approvals.