Biden Admin Waives Some ‘Buy America’ Requirements for $42 Billion Broadband Internet Project

This development follows a year or so of engagement with stakeholders, including U.S. manufacturers and internet providers, who could be impacted by the waiver.

President Joe Biden announces a national grant program for high-speed internet infrastructure deployment, at the White House in Washington, on June 26, 2023. Jonathan Ernst/Reuters

The Biden administration has announced that it’s waiving some made-in-America requirements for components used in its $42 billion broadband internet buildout project because not enough of the materials, such as fiber optic cable components, are produced in the United States.

Under the Build America Buy America Act (BABA), which was enacted as part of the Infrastructure Investment and Jobs Act, any federally-funded infrastructure projects are subject to domestic procurement requirements.

Specifically, all of the iron, steel, manufactured products, and construction materials used in infrastructure products must be made in the United States, per BABA rules.

However, the made-in-America legislation allows for heads of federal agencies to apply for BABA waivers under certain conditions, such as when using domestically made products would increase the project cost by 25 percent or if doing so would be “inconsistent with the public interest.”

Another possible condition for a waiver is if the materials and products that are subject to domestic procurement preference aren’t produced in the United States in sufficient quantity or at acceptable quality standards.

Last summer, the National Telecommunications and Information Administration (NTIA) applied for a BABA waiver—and on Feb. 22, received a green light for it—in order to meet the needs of the Biden administration’s broadband internet buildout program.

“When we released the proposed BABA waiver in August, we estimated that our approach would mean close to 90 percent of BEAD funds spent on equipment would be spent on equipment manufactured in the U.S. Under the waiver released today, that estimate holds steady,” Will Arbuckle, a senior policy adviser at NTIA, said in a news release.

The release of the waiver follows a year or so of engagement with stakeholders who could be impacted by the waiver, including U.S. manufacturers, internet providers, as well as trade associations and unions. It also follows a 30-day public comment period.

At an estimated cost to taxpayers of over $42 billion, the Broadband Equity, Access, and Deployment (BEAD) Program seeks to expand high-speed internet access across the United States.

“At first, many in industry told us that requiring the Buy America domestic manufacturing preference for the BEAD Program couldn’t be done—and that a blanket waiver would be necessary,” Mr. Arbuckle said in a statement.