II 

116TH CONGRESS 

1ST SESSION S. 161 

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 

JANUARY 16, 2019 

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

to the Committee on Commerce, Science, and Transportation 

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, 

3 SECTION 1. STUDY AND REPORT ON FILING REQUIRE4 MENTS UNDER UNIVERSAL SERVICE FUND 

5 PROGRAMS. 

6 (a) DEFINITIONS.—In this section— 

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

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

9 States Code; 


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

2 Communications Commission; 

3 (3) the term ‘‘covered carrier’’ means an eligi4 ble telecommunications carrier or service provider 

5 that receives universal service support under sections 

6 214(e) and 254 of the Communications Act of 1934 

7 (47 U.S.C. 214(e), 254) for the provision of service 

8 under a Universal Service Fund program; and 

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

10 means each program of the Commission set forth 

11 under part 54 of title 47, Code of Federal Regula12 tions, or any successor thereto, including— 

13 (A) the Connect America Fund set forth 

14 under subpart D of that part; 

15 (B) the Lifeline program set forth under 

16 subpart E of that part; 

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

18 subpart F of that part; 

19 (D) the Rural Health Care program set 

20 forth under subpart G of that part; 

21 (E) the Remote Areas Fund set forth 

22 under subpart J of that part; 

23 (F) the Connect America Fund Broadband 

24 Loop Support program set forth under subpart 

25 K of that part; 


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1 (G) the Mobility Fund set forth under sub2 part L of that part; and 

3 (H) the High Cost Loop Support for Rate4 of-Return Carriers program set forth under 

5 subpart M of that part. 

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

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

8 General of the United States shall conduct a study and 

9 submit to the Commission, the Committee on Commerce, 

10 Science, and Transportation of the Senate, and the Com11 mittee on Energy and Commerce of the House of Rep12 resentatives a report, which shall include— 

13 (1) an analysis of the filing requirements for 

14 covered carriers participating in a Universal Service 

15 Fund program, including any filings required by the 

16 Universal Service Administrative Company; 

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

18 filing requirements on covered carriers participating 

19 in a Universal Service Fund program; and 

20 (3) recommendations, if any, on how to consoli21 date redundant filing requirements for covered car22 riers participating in a Universal Service Fund pro23 gram. 

24 (c) RULEMAKING.— 


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1 (1) NEW OR ONGOING RULEMAKING.—Except 

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

3 after the date on which the report is submitted 

4 under subsection (b), the Commission shall— 

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

6 redundant filing requirements for covered car7 riers participating in a Universal Service Fund 

8 program; and 

9 (ii) incorporate into the rulemaking under 

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

11 comment on, the recommendations described in 

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

13 that doing so would violate the requirements of 

14 the Administrative Procedure Act; or 

15 (B) incorporate into an ongoing rule16 making relating to consolidating redundant fil17 ing requirements of the Commission, and as 

18 part of that rulemaking seek comment on, the 

19 recommendations described in subsection (b)(3), 

20 if any, except to the extent that doing so would 

21 violate the requirements of the Administrative 

22 Procedure Act. 

23 (2) WASTE, FRAUD, AND ABUSE.—In a rule24 making in which the Commission is required under 

25 paragraph (1) to seek comment on the recommendaVerDate Sep 11 2014 03:43 Jan 25, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S161.IS S161

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1 tions described in subsection (b)(3), if any, the Com2 mission shall also seek comment on and consider 

3 whether the benefit of each recommendation is out4 weighed by any potential increased risk of waste, 

5 fraud, and abuse in the Universal Service Fund pro6 gram affected by the recommendation. 

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

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

9 report is submitted under subsection (b), the Com10 mission completes a rulemaking to consolidate re11 dundant filing requirements for covered carriers par12 ticipating in a Universal Service Fund program. 

Æ 


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