Cruz to Introduce CRA Resolution Targeting FCC’s E-Rate Rule

WASHINGTON, Jan. 16, 2025 – Senate Republicans were gearing up to use the Congressional Review Act to reverse a slew of late-term Biden administration regulations, including a broadband provision aimed at expanding internet access for students.

A spokesperson for Sen. Ted Cruz, R-Texas, confirmed to Broadband Breakfast that the Senate Commerce Committee chair plans to introduce three Congressional Review Act resolutions next week aimed at overturning Biden administration policies on cryptocurrency, energy, and internet access. “These measures are forthcoming,” the spokesperson warned.

One resolution would focus on a Federal Communications Commission regulation allowing schools and libraries to lend Wi-Fi hotspots to students via the E-Rate program. Cruz has argued this rule violates the Communications Act, increases taxes, and "opens up children to real risks of abuse" due to a lack of limits on their broadband usage.

Senate Majority Leader John Thune, R-S.D., disclosed Tuesday that Republicans were reviewing a “lengthy list” of Biden administration regulations they may target. 

"We are scrubbing right now to determine what is eligible," Thune said during an American Petroleum Institute event. Thune’s office did not respond to requests for additional details about this list.

The Congressional Review Act gives Congress a limited window to repeal federal rules implemented during the final months of a previous administration. The process, which requires only a simple majority vote in both chambers, has become a political weapon in recent years, allowing administrations to swiftly dismantle their predecessors' regulatory priorities.

In 2017, the Trump administration and Congress overturned 16 regulations, marking the most extensive use of the Congressional Review Act since its enactment in 1996. Prior to that, it had only been used once, in 2001, under President George W. Bush.

Among the repealed rules was a notable broadband-related policy: the FCC’s Broadband Privacy Rules. These rules, introduced in October 2016 under the Obama administration, required Internet Service Providers to obtain explicit customer consent from customers before collecting, sharing, or selling their personal data such as browsing history, app usage, and location information. Democrats followed suit in 2021, targeting three Trump administration rules — none of which were broadband-related.

With the Congressional Review Act window closing in mid-May, Republicans must act swiftly on their agenda to reverse Biden administration regulations. The coming weeks will determine how far GOP lawmakers will push to reshape federal policy.

“I am grateful Senator Cruz will use the CRA to introduce a resolution to erase the FCC’s regulation to allow schools and libraries to use E-rate funding to lend Wi-Fi hotspots to students,” Maurine Molak wrote to Broadband Breakfast in an email Thursday. Molak had similarly challenged an FCC ruling in the Fifth Circuit to expand E-Rate funding to provide Wi-Fi on school buses, citing concerns of the unsupervised internet access of students.

“This regulation puts children at risk of all sorts of online harms at taxpayer expense. Although this resolution will not impact our impending case it sends a clear message that online child safety is a priority of the new administration,” she said.