BEAD Build America, Buy America Waiver Request for Comment

The Infrastructure Investment and Jobs Act (IIJA) charged the National Telecommunications and Information Administration (NTIA) with establishing the $42.45 billion Broadband Equity, Access, and Deployment (BEAD) Program and ensuring that BEAD-funded broadband infrastructure projects comply with the Buy America Domestic Content Procurement Preference (Buy America Preference) of the Build America, Buy America Act (BABA). In accordance with BABA, this notice advises that the Department of Commerce (DOC) is proposing to issue a limited, general applicability, nonavailability waiver of the Buy America Domestic Content Procurement Preference (Buy America Preference) to recipients of federal financial assistance under NTIA’s BEAD Program, which will flow down to subrecipients. The waiver details the following:

• Incentivizes the domestic production of specific manufactured products based on strategic prioritization criteria, including network and data security, which will directly expand American job opportunities;
• Promotes broad participation in the BEAD Program;
• Ensures that BEAD Program awardees will have access to the manufactured products necessary to fulfill their obligations under the program;
• Allows funding recipients to continue to provide economic opportunity through innovation and timely deployment of broadband infrastructure, which is recognized to expand job opportunities; and  
• Supports the timely development of critical domestic infrastructure.  

Recipients to whom the waiver applies must report on their purchases of items from foreign sources and as required to ensure BABA compliance. Through this Notice, NTIA seeks public comment on the proposed waiver. Comments are due on or before September 21, 2023.