[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2160 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2160

To promote and encourage the valuable public service, disaster relief, 
and emergency communications provided on a volunteer basis by licensees 
of the Federal Communications Commission in the Amateur Radio Service, 
 by undertaking a study of the uses of amateur radio for emergency and 
     disaster relief communications, by identifying unnecessary or 
 unreasonable impediments to the deployment of Amateur Radio emergency 
 and disaster relief communications, and by making recommendations for 
 relief of such unreasonable restrictions so as to expand the uses of 
    amateur radio communications in Homeland Security planning and 
                               response.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2009

 Ms. Jackson-Lee of Texas (for herself, Ms. Bordallo, Mr. Luetkemeyer, 
    Ms. Kilroy, Ms. Zoe Lofgren of California, and Mr. Thompson of 
 Mississippi) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To promote and encourage the valuable public service, disaster relief, 
and emergency communications provided on a volunteer basis by licensees 
of the Federal Communications Commission in the Amateur Radio Service, 
 by undertaking a study of the uses of amateur radio for emergency and 
     disaster relief communications, by identifying unnecessary or 
 unreasonable impediments to the deployment of Amateur Radio emergency 
 and disaster relief communications, and by making recommendations for 
 relief of such unreasonable restrictions so as to expand the uses of 
    amateur radio communications in Homeland Security planning and 
                               response.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Amateur Radio Emergency 
Communications Enhancement Act of 2009''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Nearly 700,000 amateurs radio operators in the United 
        States are licensed by the Federal Communications Commission in 
        the Amateur Radio Service.
            (2) Amateur Radio operators provide, on a volunteer basis, 
        a valuable public service to their communities, their States, 
        and to the Nation, especially in the area of national and 
        international disaster communications.
            (3) Emergency and disaster relief communications services 
        by volunteer Amateur Radio operators have consistently and 
        reliably been provided before, during, and after floods, 
        hurricanes, tornadoes, forest fires, earthquakes, blizzards, 
        train accidents, chemical spills, and other disasters. These 
        communications services include services in connection with 
        significant examples, such as hurricanes Katrina, Rita, Hugo, 
        and Andrew; the relief effort at the World Trade Center, and 
        the Pentagon following the 2001 terrorist attacks; and the 
        Oklahoma City bombing in April 1995.
            (4) Amateur Radio has formal agreements for the provision 
        of volunteer emergency communications activities with the 
        Department of Homeland Security, the Federal Emergency 
        Management Agency, the National Weather Service, the National 
        Communications System, and the Association of Public Safety 
        Communications Officials, as well as with disaster relief 
        agencies, including the American National Red Cross and the 
        Salvation Army.
            (5) The Congress passed Public Law 103-408 which was signed 
        by the President on October 22, 1994. This included in Section 
        1 the following finding of Congress: ``Reasonable accommodation 
        should be made for the effective operation of amateur radio 
        from residences, private vehicles and public areas, and the 
        regulation at all levels of government should facilitate and 
        encourage amateur radio operation as a public benefit.''
            (6) The Congress passed Public Law 109-295 which was signed 
        by the President on October 4, 2006. This included a provision 
        in the Department of Homeland Security Appropriations 
        legislation for fiscal year 2007 that directed the Department's 
        Regional Emergency Communications Coordinating Working Group to 
        coordinate their activities with ``ham and amateur radio 
        operators'' among the eleven other emergency organizations such 
        as ambulance services, law enforcement, and others.
            (7) Amateur Radio, at no cost to taxpayers, provides a 
        fertile ground for technical self-training in modern 
        telecommunications, electronic technology, and emergency 
        communications techniques and protocols.
            (8) There is a strong Federal interest in the effective 
        performance of Amateur Radio stations, and that performance 
        must be given support at all levels of government and given 
        protection against unreasonable regulation and impediments to 
        the provision of these valuable communications.

SEC. 3. STUDY OF ENHANCED USES OF AMATEUR RADIO IN EMERGENCY AND 
              DISASTER RELIEF COMMUNICATION, AND FOR RELIEF OF 
              RESTRICTIONS.

    (a) Authority.--The Secretary of Homeland Security--
            (1) shall undertake a study on the uses and capabilities of 
        Amateur Radio communications in emergencies and disaster 
        relief; and
            (2) shall report its findings to Congress not later than 
        180 days after the date of enactment of this Act.
    (b) Scope of the Study.--The study required by this section shall--
            (1) include recommendations--
                    (A) for enhancements in the voluntary deployment of 
                Amateur Radio licensees in disaster and emergency 
                communications and disaster relief efforts; and
                    (B) for improved integration of Amateur Radio 
                operators in planning and in furtherance of the 
                Department of Homeland Security initiatives;
            (2)(A) identify unreasonable or unnecessary impediments to 
        enhanced Amateur Radio communications, such as the effects of 
        private land use regulations on residential antenna 
        installations; and
            (B) make recommendations regarding such impediments; and
            (3)(A) include an evaluation of section 207 of the 
        Telecommunications Act of 1996 (Public Law 104-104, 110 Stat. 
        56 (1996)); and
            (B) make a recommendation whether that section should be 
        modified to prevent unreasonable private land use restrictions 
        that impair the ability of an amateur radio operator licensed 
        by the Federal Communications Commission to conduct, or prepare 
        to conduct, emergency communications by means of effective 
        outdoor antennas and support structures at reasonable heights 
        and dimensions for the purpose, in residential areas.
    (c) Use of Expertise and Information.--In conducting the study 
required by this section, the Secretary of Homeland Security shall--
            (1) utilize the expertise of the American Radio Relay 
        League, representing the National Amateur Radio community; and
            (2) seek information from private and public sectors for 
        the study.
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