H.J. Res. 33 provides for congressional disapproval under chapter 8 of title 5 of the rule submitted by the Federal Communications Commission relating to the rule titled Addressing the Homework Gap Through the E-Rate Program.
The rule, published in the Federal Register, would have established or modified requirements for how E-Rate funds are used to support students’ access to broadband and devices to address the homework gap. If enacted, the joint resolution would render that FCC rule without force or effect.
The move reflects Congress’s use of its disapproval authority to block agency actions without altering the underlying statute or program structure.
The text makes clear that Congress disapproves the FCC rule and directs that it shall have no force or effect. This is a procedural lever under the Congressional Review Act designed to prevent a regulatory change from taking effect.
As a result, the status quo for E-Rate-related policy remains in place, and the FCC cannot implement the proposed changes unless Congress later acts to modify the rule through separate statutory or regulatory channels.
At a Glance
What It Does
The bill uses the Congressional Review Act (chapter 8, title 5) to disapprove the FCC rule addressing the Homework Gap through the E-Rate program. If enacted, the rule shall have no force or effect.
Who It Affects
FCC staff and the agency’s rulemaking process; schools and libraries relying on E-Rate funds; service providers that compete in the E-Rate ecosystem.
Why It Matters
It marks a clear congressional check on agency rulemaking and signals a preference for preserving the current E-Rate framework over pursuing the proposed changes to address the homework gap.
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What This Bill Actually Does
The bill, H.J. Res. 33, uses the Congressional Review Act to disapprove a specific FCC rule titled Addressing the Homework Gap Through the E-Rate Program.
This means the rule, once disapproved, would have no legal force and would not be implemented. The rule in question relates to how E-Rate funds are used to support connectivity and devices for students to close the homework gap, and it was published in the Federal Register in August 2024.
The practical effect is to keep the existing E-Rate-structure in place and block the FCC’s proposed changes from taking effect.
From a policy-implementation perspective, this joint resolution serves as a legislative mechanism to veto a regulatory action without altering the statute that governs E-Rate. It reflects Congress’s readiness to intervene in agency rulemaking, particularly around how federal programs support student access to remote learning.
For schools, libraries, and vendors participating in E-Rate, the resolution preserves the current regulatory environment and delays any regulatory-driven changes to funding or administration of E-Rate activities related to homework-gap initiatives.In short, if enacted, H.J. Res. 33 prevents the FCC rule from taking effect and leaves the E-Rate program’s existing framework intact.
It does not change the statute governing E-Rate but eliminates the regulatory pathway the FCC proposed to modify or expand how the program addresses the homework gap.
The Five Things You Need to Know
The bill uses the Congressional Review Act to disapprove a specific FCC rule.
The rule targeted is titled Addressing the Homework Gap Through the E-Rate Program.
If enacted, the rule shall have no force or effect.
Introduced by Rep. Fulcher on February 4, 2025 in the 119th Congress.
The referenced rule appeared in the Federal Register on August 20, 2024.
Section-by-Section Breakdown
Every bill we cover gets an analysis of its key sections.
Disapproval under Chapter 8, Title 5
This section states that Congress disapproves the FCC rule under the Congressional Review Act’s fast-track disapproval process. The effect is to render the rule ineffective upon the bill’s enactment, removing any regulatory impact the rule would have had on E-Rate administration.
Rule Subject
The rule addressed in disapproval is FCC’s Addressing the Homework Gap Through the E–Rate Program. The provision identifies the rule’s scope as it relates to how E-Rate funds would be used to mitigate the homework gap, and it anchors the disapproval to that specific regulatory action.
Effect of Disapproval
If enacted, the rule shall have no force or effect. This preserves the existing E-Rate framework and eliminates the regulatory changes proposed by the FCC, ensuring no new obligations or standards would take effect.
Implementation and Textual Basis
The resolution relies on the statutory mechanism in the Congressional Review Act to disapprove the rule. It does not, by itself, alter the underlying statute or create new funding mechanisms; it simply blocks the specific FCC rule from taking effect.
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Who Benefits
- K-12 school districts that rely on E-Rate funding and would have been subject to the rule’s changes.
- Public libraries utilizing E-Rate funds who would avoid new compliance requirements.
- Rural and underserved districts that depend on E-Rate and may be sensitive to regulatory changes.
- Telecommunications service providers and vendors serving E-Rate participants who would face new regulatory obligations.
Who Bears the Cost
- FCC and its staff, in terms of regulatory resources that would have supported the rule’s development and defense.
- State and local education agencies administering E-Rate who would avoid potential procedural shifts or procurement changes mandated by the rule.
- E-Rate program administrators who would have needed to implement, monitor, or enforce new requirements.
Key Issues
The Core Tension
The central tension is between Congress’s desire for direct oversight of regulatory actions affecting a large federal program (E-Rate) and the regulatory agency’s expertise and flexibility to update rules in response to changing technology and student needs.
The central question this bill raises is whether Congress should curb agency rulemaking in this domain versus allowing regulatory experimentation around the E-Rate program to adapt to changing technology and student needs. The disapproval blocks a specific regulatory package focused on mitigating the homework gap, which could slow down or alter how E-Rate funds enable connectivity and devices in schools and libraries.
It also leaves unresolved questions about whether future federal rules could address the homework gap more effectively in a manner that aligns with congressional preferences for oversight and statutory constraints.
A practical tension here is that the disapproval fixes a point in time, preventing the FCC from pursuing a potentially dynamic policy path under the E-Rate program. It also implies that Congress would respond to evolving needs for student connectivity primarily through legislation rather than through regulatory adjustments by the FCC.
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