GAO Finds Changes to BEAD Subject to Congressional Review Act

On June 6, 2025, the U.S. Department of Commerce's National Telecommunications and Information Administration (NTIA) published a Policy Notice that modifies and replaces certain requirements outlined in the May 12, 2022, Notice of Funding Opportunity for the Broadband Equity, Access and Deployment (BEAD) Program—a grant program to provide high-speed broadband access throughout the United States and several territories. The Congressional Review Act (CRA) requires that, before a rule can take effect, an agency must submit the rule to both the House of Representatives and the Senate, as well as the Comptroller General. CRA adopts the definition of "rule" under the Administrative Procedure Act (APA) but excludes certain categories of rules from coverage. The Government Accountability Office (GAO) concludes that the Policy Notice meets the APA definition of a rule, and no CRA exception applies. Therefore, NTIA's BEAD Restructuring Policy Notice is a rule subject to CRA's submission requirements.