II 

Calendar No. 282 

115TH CONGRESS 

1ST SESSION S. 875 

[Report No. 115–192] 

To require the Comptroller General of the United States to conduct a study 

and submit a report on filing requirements under the Universal Service 

Fund programs. 

IN THE SENATE OF THE UNITED STATES 

APRIL 6 (legislative day, APRIL 4), 2017 

Mr. SULLIVAN introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

DECEMBER 11, 2017 

Reported by Mr. THUNE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To require the Comptroller General of the United States 

to conduct a study and submit a report on filing requirements under the Universal Service Fund programs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. STUDY AND REPORT ON FILING REQUIRE2 MENTS UNDER UNIVERSAL SERVICE FUND 

3 PROGRAMS. 

4 (a) DEFINITIONS.—In this section— 

5 (1) the term ‘‘Administrative Procedure Act’’ 

6 means subchapter II of chapter 5 of title 5, United 

7 States Code; 

8 (2) the term ‘‘Commission’’ means the Federal 

9 Communications Commission; 

10 (3) the term ‘‘covered carrier’’ means an eligi11 ble telecommunications carrier or service provider 

12 that receives universal service support under sections 

13 214(e) and 254 of the Communications Act of 1934 

14 (47 U.S.C. 214(e) and 254) for the provision of 

15 service under a Universal Service Fund program; 

16 and 

17 (4) the term ‘‘Universal Service Fund program’’ 

18 means each program of the Commission set forth 

19 under part 54 of title 47, Code of Federal Regula20 tions, or any successor thereto, including— 

21 (A) the Connect America Fund set forth 

22 under subpart D of that part; 

23 (B) the Lifeline program set forth under 

24 subpart E of that part; 

25 (C) the E-Rate program set forth under 

26 subpart F of that part; 


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1 (D) the Rural Health Care program set 

2 forth under subpart G of that part; 

3 (E) the Remote Areas Fund set forth 

4 under subpart J of that part; 

5 (F) the Connect America Fund Broadband 

6 Loop Support program set forth under subpart 

7 K of that part; 

8 (G) the Mobility Fund set forth under sub9 part L of that part; and 

10 (H) the High Cost Loop Support for Rate11 of-Return Carriers program set forth under 

12 subpart M of that part. 

13 (b) STUDY AND REPORT.—Not later than 1 year 

14 after the date of enactment of this Act, the Comptroller 

15 General of the United States shall conduct a study and 

16 submit to the Commission, the Committee on Commerce, 

17 Science, and Transportation of the Senate, and the Com18 mittee on Energy and Commerce of the House of Rep19 resentatives a report, which shall include— 

20 (1) an analysis of the filing requirements for 

21 covered carriers participating in a Universal Service 

22 Fund program, including any filings required by the 

23 Universal Service Administrative Company; 


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1 (2) an analysis of the financial impact of those 

2 filing requirements on covered carriers participating 

3 in a Universal Service Fund program; and 

4 (3) recommendations, if any, on how to consoli5 date redundant filing requirements for covered car6 riers participating in a Universal Service Fund pro7 gram. 

8 (c) RULEMAKING.— 

9 (1) NEW OR ONGOING RULEMAKING.—Except 

10 as provided in paragraph (2), not later than 30 days 

11 after the date on which the report is submitted 

12 under subsection (b), the Commission shall— 

13 (A)(i) initiate a rulemaking to consolidate 

14 redundant filing requirements for covered car15 riers participating in a Universal Service Fund 

16 program; and 

17 (ii) incorporate the recommendations de18 scribed in subsection (b)(3), if any, into the 

19 rulemaking under clause (i) of this subpara20 graph, except to the extent that doing so would 

21 violate the requirements of the Administrative 

22 Procedure Act; or 

23 (B) incorporate the recommendations de24 scribed in subsection (b)(3), if any, into an on25 going rulemaking relating to consolidating reVerDate Sep 11 2014 22:51 Dec 11, 2017 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S875.RS S875

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1 dundant filing requirements of the Commission, 

2 except to the extent that doing so would violate 

3 the requirements of the Administrative Proce4 dure Act. 

5 (2) PREVIOUS RULEMAKING.—Paragraph (1) 

6 shall not apply if, on or before the date on which the 

7 report is submitted under subsection (b), the Com8 mission completes a rulemaking to consolidate re9 dundant filing requirements for covered carriers par10 ticipating in a Universal Service Fund program. 

11 SECTION 1. STUDY AND REPORT ON FILING REQUIRE12 MENTS UNDER UNIVERSAL SERVICE FUND 

13 PROGRAMS. 

14 (a) DEFINITIONS.—In this section— 

15 (1) the term ‘‘Administrative Procedure Act’’ 

16 means subchapter II of chapter 5 of title 5, United 

17 States Code; 

18 (2) the term ‘‘Commission’’ means the Federal 

19 Communications Commission; 

20 (3) the term ‘‘covered carrier’’ means an eligible 

21 telecommunications carrier or service provider that 

22 receives universal service support under sections 

23 214(e) and 254 of the Communications Act of 1934 

24 (47 U.S.C. 214(e) and 254) for the provision of serv25 ice under a Universal Service Fund program; and 


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1 (4) the term ‘‘Universal Service Fund program’’ 

2 means each program of the Commission set forth 

3 under part 54 of title 47, Code of Federal Regula4 tions, or any successor thereto, including— 

5 (A) the Connect America Fund set forth 

6 under subpart D of that part; 

7 (B) the Lifeline program set forth under 

8 subpart E of that part; 

9 (C) the E-Rate program set forth under sub10 part F of that part; 

11 (D) the Rural Health Care program set 

12 forth under subpart G of that part; 

13 (E) the Remote Areas Fund set forth under 

14 subpart J of that part; 

15 (F) the Connect America Fund Broadband 

16 Loop Support program set forth under subpart 

17 K of that part; 

18 (G) the Mobility Fund set forth under sub19 part L of that part; and 

20 (H) the High Cost Loop Support for Rate21 of-Return Carriers program set forth under sub22 part M of that part. 

23 (b) STUDY AND REPORT.—Not later than 18 months 

24 after the date of enactment of this Act, the Comptroller Gen25 eral of the United States shall conduct a study and submit 


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1 to the Commission, the Committee on Commerce, Science, 

2 and Transportation of the Senate, and the Committee on 

3 Energy and Commerce of the House of Representatives a 

4 report, which shall include— 

5 (1) an analysis of the filing requirements for 

6 covered carriers participating in a Universal Service 

7 Fund program, including any filings required by the 

8 Universal Service Administrative Company; 

9 (2) an analysis of the financial impact of those 

10 filing requirements on covered carriers participating 

11 in a Universal Service Fund program; and 

12 (3) recommendations, if any, on how to consoli13 date redundant filing requirements for covered car14 riers participating in a Universal Service Fund pro15 gram. 

16 (c) RULEMAKING.— 

17 (1) NEW OR ONGOING RULEMAKING.—Except as 

18 provided in paragraph (3), not later than 60 days 

19 after the date on which the report is submitted under 

20 subsection (b), the Commission shall— 

21 (A)(i) initiate a rulemaking to consolidate 

22 redundant filing requirements for covered car23 riers participating in a Universal Service Fund 

24 program; and 


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1 (ii) incorporate into the rulemaking under 

2 clause (i), and as part of that rulemaking seek 

3 comment on, the recommendations described in 

4 subsection (b)(3), if any, except to the extent that 

5 doing so would violate the requirements of the 

6 Administrative Procedure Act; or 

7 (B) incorporate into an ongoing rulemaking 

8 relating to consolidating redundant filing re9 quirements of the Commission, and as part of 

10 that rulemaking seek comment on, the rec11 ommendations described in subsection (b)(3), if 

12 any, except to the extent that doing so would vio13 late the requirements of the Administrative Pro14 cedure Act. 

15 (2) WASTE, FRAUD, AND ABUSE.—In a rule16 making in which the Commission is required under 

17 paragraph (1) to seek comment on the recommenda18 tions described in subsection (b)(3), if any, the Com19 mission shall also seek comment on and consider 

20 whether the benefit of each recommendation is out21 weighed by any potential increased risk of waste, 

22 fraud, and abuse in the Universal Service Fund pro23 gram affected by the recommendation. 

24 (3) PREVIOUS RULEMAKING.—Paragraph (1) 

25 shall not apply if, on or before the date on which the 


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1 report is submitted under subsection (b), the Commis2 sion completes a rulemaking to consolidate redundant 

3 filing requirements for covered carriers participating 

4 in a Universal Service Fund program. 


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Calendar No. 282 

115TH CONGRESS 

1ST SESSION S. 875 

[Report No. 115–192] 

A BILL 

To require the Comptroller General of the United 

Fund programs. filing requirements under the Universal Service States to conduct a study and submit a report on 

DECEMBER 11, 2017 

Reported with an amendment 


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