‘‘(4) PERFORMANCE MEASURE.—The term ‘per-
formance measure’ means an objective and quantifi-
able outcome measure or output measure (as such 
terms are defined in section 1115 of title 31, United 
States Code). 
‘‘(5) PROGRAM ACTIVITY.—The term ‘program 
activity’ has the meaning given such term in section 
1115 of title 31, United States Code, except that 
such term also includes any annual collection or dis-
tribution or related series of collections or distribu-
tions by the Commission of an amount that is great-
er than or equal to $100,000,000. 
‘‘(6) OTHER DEFINITIONS.—The terms ‘agency 
action’, ‘ex parte communication’, and ‘rule’ have 
the meanings given such terms in section 551 of title 
5, United States Code.’’. 
(b) EFFECTIVE DATE AND IMPLEMENTING RULES.— 
(1) EFFECTIVE DATE.— 
(A) IN
GENERAL.—The requirements of 
section 13 of the Communications Act of 1934, 
as added by subsection (a), shall apply begin-
ning on the date that is 6 months after the date 
of the enactment of this Act. 
(B) PRIOR NOTICES OF PROPOSED RULE-
MAKING.—If the Federal Communications Com-
mission identifies under paragraph (2)(B)(ii) of 
subsection (a) of such section 13 a notice of 
proposed rulemaking issued prior to the date of 
the enactment of this Act— 
(i) such notice shall be deemed to 
have complied with paragraph (1) of such 
subsection; and 
(ii) if such notice did not contain the 
specific language of a proposed rule or a 
proposed amendment of an existing rule, 
paragraph (2)(A) of such subsection shall 
be satisfied if the adopted rule or the 
amendment of an existing rule is a logical 
outgrowth of such notice. 
(C) SCHEDULES AND REPORTS.—Notwith-
standing subparagraph (A), subsections (h)(1) 
and (i) of such section shall apply with respect 
to 2013 and any year thereafter. 
(2) RULES.—The Federal Communications 
Commission shall promulgate the rules necessary to 
carry out such section not later than 1 year after 
the date of the enactment of this Act. 
(3) PROCEDURES FOR ADOPTING RULES.—Not-
withstanding paragraph (1)(A), in promulgating 
rules to carry out such section, the Federal Commu-
nications Commission shall comply with the require-
ments of subsections (a) and (h)(2) of such section. 
SEC. 3. CATEGORIZATION OF TCPA INQUIRIES AND COM-
PLAINTS IN QUARTERLY REPORT. 
In compiling its quarterly report with respect to in-
formal consumer inquiries and complaints, the Federal 
Communications Commission may not categorize an in-
quiry or complaint with respect to section 227 of the Com-
munications Act of 1934 (47 U.S.C. 227) as being a 
wireline inquiry or complaint or a wireless inquiry or com-
plaint unless the party whose conduct is the subject of 
the inquiry or complaint is a wireline carrier or a wireless 
carrier, respectively. 
SEC. 4. PROVISION OF EMERGENCY WEATHER INFORMA-
TION. 
Nothing in subsection (a) of section 13 of the Com-
munications Act of 1934, as added by section 2 of this 
Act, shall be construed to impede the Federal Communica-
tions Commission from acting in times of emergency to 
ensure the availability of efficient and effective commu-
nications systems to alert the public to imminent dan-
gerous weather conditions. 
SEC. 5. COMMUNICATIONS OF FIRST RESPONDERS. 
Nothing in subsection (a) of section 13 of the Com-
munications Act of 1934, as added by section 2 of this
Act, shall be construed to impede the Federal Communica-
tions Commission from acting in times of emergency to 
ensure the availability of efficient and effective commu-
nications systems for State and local first responders. 
SEC. 6. EFFECT ON OTHER LAWS. 
Nothing in this Act or the amendment made by this 
Act shall relieve the Federal Communications Commission 
from any obligations under title 5, United States Code, 
except where otherwise expressly provided. 
Passed the House of Representatives March 27, 
2012. 
Attest: 
Clerk.
112TH CONGRESS 
2D SESSION 
H. R. 3309 
AN ACT 
To amend the Communications Act of 1934 to pro-
vide for greater transparency and efficiency in 
the procedures followed by the Federal Commu-
nications Commission.