Home / Recent Bills / A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Communications Commission relating to "Addressing the Homework Gap Through the E-Rate Program".
SENATE · SJRES 7119 CONGRESS
A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Communications Commission relating to "Addressing the Homework Gap Through the E-Rate Program".
A joint resolution goes through the same process as a bill and carries the same legal
force once signed. One exception: a joint resolution proposing a constitutional
amendment is not presented to the President — it needs a two-thirds vote in
both chambers and then ratification by three-quarters of the states.
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Summary
This joint resolution, S.J. Res. 7, seeks to disapprove a rule issued by the Federal Communications Commission (FCC) under the Congressional Review Act (CRA), specifically the FCC's rule titled 'Addressing the Homework Gap Through the E-Rate Program,' published in the Federal Register on August 20, 2024 (89 Fed. Reg. 67303). The resolution states that Congress disapproves of this rule, and if enacted, the rule would have no force or effect. The E-Rate program, formally known as the Schools and Libraries Program of the Universal Service Fund, is a federal initiative that provides discounted telecommunications and internet access services to eligible schools and libraries. The FCC's rule in question aims to address the 'homework gap'—the disparity in internet access that prevents students from completing homework and engaging in online learning outside of school—by expanding the permissible uses of E-Rate funds to support off-premises connectivity solutions, such as Wi-Fi hotspots and broadband services for students and library patrons lacking adequate home internet access. The rule would allow schools and libraries to use E-Rate funding to purchase and manage off-site wireless hotspots, modems, routers, and combined devices, as well as to pay for mobile broadband services, thereby enabling students to connect to the internet from home or other locations. The resolution's sponsors argue that the FCC overstepped its statutory authority by expanding the E-Rate program beyond its original purpose of supporting on-site telecommunications and internet services in schools and libraries, and that the rule constitutes an unfunded mandate that could increase costs to the Universal Service Fund, which is financed by fees on telecommunications providers that may be passed on to consumers. They also contend that the rule duplicates existing federal and private efforts to address the homework gap and that local decision-making should prevail over a federal one-size-fits-all approach. Supporters of the rule, however, maintain that the homework gap is a significant barrier to educational equity, particularly for low-income, rural, and minority students, and that the E-Rate program is a logical and efficient vehicle to extend internet access to students' homes, leveraging existing infrastructure and administrator expertise. They argue that the FCC has the authority to interpret and adapt the E-Rate program to meet evolving educational needs, especially in the wake of increased reliance on digital learning highlighted by the COVID-19 pandemic. The resolution, if enacted, would nullify the FCC's rule, preserving the E-Rate program's focus on on-site connectivity and preventing the use of federal funds for off-premises internet access. The measure passed the Senate on May 8, 2025, and is now under consideration by the House of Representatives. As a joint resolution under the CRA, it requires only a simple majority in both chambers and, if signed by the President, would have the force of law, effectively overturning the FCC's rule. The CRA process allows Congress to review and nullify recent federal agency regulations, providing a legislative check on executive branch rulemaking.
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+Addresses a critical barrier to educational equity by enabling schools and libraries to use E-Rate funds to provide off-premises internet access, thereby helping to close the homework gap for students who lack reliable home connectivity, particularly those from low-income, rural, and minority households.
+Builds on the success and established infrastructure of the E-Rate program, leveraging its experienced administrators and streamlined procurement processes to efficiently deploy off-site connectivity solutions such as Wi-Fi hotspots and mobile broadband services.
+Recognizes the heightened importance of home internet access demonstrated during the COVID-19 pandemic, when remote learning became necessary and the lack of connectivity disproportionately affected vulnerable student populations.
+Complements other federal and private initiatives aimed at digital inclusion, providing a coordinated approach through schools and libraries that are trusted community institutions capable of identifying and supporting students in need.
+Supports the federal government's role in promoting digital literacy and ensuring that all students have the tools necessary to participate in modern education, which increasingly relies on online resources for homework, research, collaboration, and skill development.
MIGHT OPPOSE
−May be viewed as expanding the scope of the Universal Service Fund beyond its original intent, potentially leading to higher fees on telecommunications providers that could be passed on to consumers, raising concerns about fiscal responsibility and the sustainability of the fund.
−Risks creating duplication or fragmentation of efforts if not properly coordinated with other federal programs (such as the Affordable Connectivity Program or Emergency Connectivity Fund) and state/local initiatives, potentially leading to inefficient use of resources.
−Could be seen as imposing federal requirements or expectations on schools and libraries regarding off-premises internet administration, which may strain the technical and administrative capacity of some institutions, particularly smaller or under-resourced ones.
−May not adequately address the root causes of the homework gap, such as poverty or lack of digital literacy, focusing instead on connectivity alone without complementary support for devices, training, or technical assistance.
−Relies on the FCC's interpretation of its statutory authority, which some may argue stretches the original purpose of the E-Rate program, raising legal questions about the agency's ability to expand permissible uses without explicit congressional authorization.
Republicans
MIGHT SUPPORT
+Prevents federal overreach by limiting the FCC to its statutory authority under the Communications Act, ensuring that the E-Rate program remains focused on supporting telecommunications and internet access within schools and libraries rather than expanding into off-site home internet services.
+Protects consumers and taxpayers from potential increases in the Universal Service Fund contribution fees, which are levied on telecommunications providers and may be passed on to end-users, by avoiding an expansion of the program's scope and associated costs.
+Encourages local flexibility and innovation by allowing schools, libraries, and communities to address the homework gap through tailored solutions, state and local initiatives, or private sector partnerships without imposing a uniform federal mandate.
+Reduces the risk of duplicative or wasteful spending by preventing federal funding for off-premises connectivity when other federal programs (such as the Emergency Connectivity Fund, Affordable Connectivity Program, or state-level initiatives) and private efforts already exist to address home internet access for students.
+Reinforces the principle of congressional oversight of agency rulemaking through the Congressional Review Act, ensuring that significant changes to federal programs are subject to legislative approval rather than unilateral executive action.
MIGHT OPPOSE
−May be perceived as neglecting the urgent educational needs of students who lack reliable home internet access, potentially exacerbating the homework gap and hindering digital literacy and academic achievement, particularly for low-income, rural, and minority students.
−Ignores the lessons learned during the COVID-19 pandemic, when the lack of home internet access severely disrupted remote learning and highlighted the necessity of off-premises connectivity for educational continuity.
−Could be seen as opposing efforts to promote digital equity and inclusion, which are increasingly viewed as essential components of modern education and workforce preparation.
−May limit the ability of schools and libraries to leverage their existing E-Rate administration expertise and infrastructure to efficiently extend internet access to students' homes, resulting in less coordinated and potentially more costly solutions.
−Fails to recognize the evolving nature of educational technology and the increasing reliance on internet-based resources for homework, research, and collaboration, which necessitates connectivity beyond the school campus.
![Sen. Cruz, Ted [R-TX]](https://www.congress.gov/img/member/c001098_200.jpg)