Congresswoman McClain Delaney Calls on Commerce Department to Clarify BEAD Funding for Critical Nondeployment Programs

Congresswoman McClain Delaney Calls on Commerce Department to Clarify BEAD Funding for Critical Nondeployment Programs

WASHINGTON, D.C. — Today, Congresswoman April McClain Delaney (D-MD) led nine of her colleagues in sending a letter to the Department of Commerce and the National Telecommunications and Information Administration (NTIA), requesting immediate clarification on how Broadband Equity, Access, and Deployment (BEAD) applicants may use nondeployment funds under the recently issued BEAD Restructuring Policy Notice (BRPN) published on June 6th, 2025.

The BEAD program, created under the Infrastructure Investment and Jobs Act, aims to expand affordable, reliable high-speed broadband access in every corner of the country, with a particular focus on underserved rural communities. The law also explicitly authorizes the use of BEAD funding for a wide range of nondeployment activities, giving states the flexibility to direct funds where they are most needed. This adaptability ensures the program can address not only infrastructure deployment – such as fiber-optic cables and wireless towers – but also bolster workforce development, telehealth, cybersecurity, digital literacy and other essential services. 

The recent BRPN now requires states to restructure their BEAD applications in a compressed timeline of less than three months, with the specifics of these changes to be provided at a later date. As of today, it remains unclear how these funds can be used, creating uncertainty for states as they prepare their applications.

With the September 4, 2025, application deadline soon approaching, Congresswoman McClain Delaney and her colleagues are urging NTIA to provide timely and specific guidance so that states can make informed decisions that maximize the impact of BEAD funding.

“Broadband deployment is critical; however, its long-term success requires parallel investments in the foundational nondeployment activities that enable effective implementation and adoption,” the lawmakers wrote. “Workforce development and employment, digital safety education, support for remote learning and telehealth and the other nondeployment activities approved under the original NOFO are foundational to delivering secure, high-speed internet to our most underserved communities. Nondeployment investments don’t simply complement infrastructure but rather they strengthen States’ projects and holistic connectivity. Providing clear guidance about whether nondeployment activities are eligible uses of BEAD funding empowers States to make responsible, impactful decisions that advance the core objectives of the BEAD Program: digital equity, affordability, adoption, and access.”

The Members of the U.S. House of Representatives who joined Congresswoman McClain Delaney as signatories of the letter are: Reps. Nikki Budzinski (IL-13), Troy Carter (LA-02), James E. Clyburn (SC-06), Cleo Fields (LA-06), Sylvia Garcia (TX-29), Tim Kennedy (NY-26), Shri Thanedar (MI-13), Rashida Tlaib (MI-12), Nikema Williams (GA-5).

The full text of the letter can be found here and below.

Secretary Lutnick and Assistant Secretary Roth:

We write to seek clarity regarding the Broadband Equity, Access, and Deployment (BEAD) Program: BEAD Restructuring Policy Notice (herein BRPN) published on June 6, 2025. 

As you know, the BEAD program represents a historic opportunity to bridge the digital divide in

communities that have long been left behind. Created through the Infrastructure Investment and Jobs Act — a bipartisan effort in Congress — BEAD is designed to bring affordable, reliable broadband to every corner of the country. At its heart, the program puts trust in states and local communities, recognizing that they know best where these critical investments can make the

greatest impact.

The BRPN requires States to restructure their applications to the BEAD program within less than three months. While the BRPN has severely impacted the work that States, communities, providers, and our constituents have already completed, States have begun preparing their

applications to meet the approaching deadline. However, several critical aspects of the BRPN remain unresolved for BEAD applicants and require clarification from the Department of Commerce. Notably, it is unclear how nondeployment funds can be used. The BRPN stated that

these details are forthcoming:

Funding for allowable non-deployment purposes is under review and NTIA will issue updated guidance in the future. As of the date of this Policy Notice, NTIA rescinds approval of all nondeployment activities approved in Initial Proposals. NTIA will not reimburse Eligible Entities for any new costs associated with previously approved non-deployment activities incurred after the date of this Policy Notice. An Eligible Entity should consult with the NIST Grants Office and NTIA if the Eligible Entity believes that it is entitled to reimbursement for non-deployment activities or costs that were incurred prior to the publication of this Policy Notice. Final Proposals will only require detail on the use of BEAD funds for deployment projects.

Providing timely clarity to BEAD applicants is particularly urgent considering the upcoming September 4th deadline. States require clear and specific guidance to ensure remaining funds can be repurposed in accordance with BEAD statutory authority and the 2022 Notice of Funding Opportunity (NOFO) guidance.

The law is clear: BEAD funding is not limited to broadband infrastructure deployment. Federal statute explicitly authorizes its use for a broad range of nondeployment activities that are essential to achieving the goals of the program. Congress deliberately provided this flexibility to address the full scope of the digital divide, including affordability, accessibility, adoption, and digital readiness. Under 47 U.S. Code § 1702(f), eligible uses of BEAD funds include, but are not limited to:

(2) connecting eligible community anchor institutions;

(3) data collection, broadband mapping and planning;

(4) installing internet and Wi-Fi infrastructure in multi-family buildings;

(5) broadband adoption programs and affordable device distribution; and

(6) “any use determined necessary by the Assistant Secretary to facilitate the goals of the Program.” 

Furthermore, the 2022 BEAD NOFO (Section III.C.1.iii) clearly outlines additional nondeployment uses that remain critical to achieving universal connectivity and digital equity.

These include:

• User training in cybersecurity, privacy, and other digital safety topics;
• Support for remote learning and telehealth services or facilities;
• Digital literacy and upskilling programs, from beginner to advanced levels;
• Computer science, coding, and cybersecurity education initiatives;
• Implementation of State Digital Equity Plans (in addition to, but not duplicative of, Digital Equity Act Planning Grant funds);
• Broadband sign-up assistance and technical support;
• Multi-lingual outreach to support adoption and digital literacy;
• Prisoner education programs for digital literacy, online job searching, and career skills;
• Deployment of digital navigators;
• Direct broadband subscription subsidies where such efforts will improve affordability for the target population (without duplicating Affordable Connectivity Program subsidies);
• Stakeholder engagement activities, including travel, capacity-building, and contracted support services;
• Other allowable costs necessary to carry out the programmatic goals of the BEAD initiative. 

Broadband deployment is critical; however, its long-term success requires parallel investments in the foundational nondeployment activities that enable effective implementation and adoption. Workforce development and employment, digital safety education, support for remote learning and telehealth and the other nondeployment activities approved under the original NOFO are foundational to delivering secure, high-speed internet to our most underserved communities. Nondeployment investments don’t simply complement infrastructure but rather they strengthen States’ projects and holistic connectivity. Providing clear guidance about whether nondeployment activities are eligible uses of BEAD funding empowers States to make responsible, impactful decisions that advance the core objectives of the BEAD Program: digital equity, affordability, adoption, and access.

Given the broad statutory and administrative framework, we urge NTIA to issue formal clarification elucidating how States may use remaining BEAD funds for these nondeployment purposes in their new submissions.

We appreciate your continued leadership and support in connecting all Americans to the opportunities of the digital economy. As States have been diligently developing their applications for years and the submission deadline is September 4th, we request a thorough response to this urgent inquiry by September 2, 2025.

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For updates, follow Rep. McClain Delaney at @RepAprilDelaney.

Congresswoman April McClain Delaney was elected in 2024 to serve Maryland’s 6th Congressional District, which encompasses all or part of Montgomery, Frederick, Washington, Allegany and Garrett Counties. In Congress, McClain Delaney is focused on improving US competitiveness and innovation, protecting our natural environment and championing policies that represent the values and priorities of Maryland’s 6th District.