[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1755 Referred in House (RFH)]

111th CONGRESS
  1st Session
                                S. 1755


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 15, 2009

            Referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 AN ACT


 
 To direct the Department of Homeland Security to undertake a study on 
                       emergency communications.

    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.

    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 Service operators provide, on a volunteer 
        basis, a valuable public sector 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 Service 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--
                    (A) hurricanes Katrina, Rita, Hugo, and Andrew;
                    (B) the relief effort at the World Trade Center and 
                the Pentagon following the 2001 terrorist attacks; and
                    (C) the Oklahoma City bombing in April 1995.
            (4) Amateur Radio Service 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) Section 1 of the joint resolution entitled ``Joint 
        Resolution to recognize the achievements of radio amateurs, and 
        to establish support for such amateurs as national policy'', 
        approved October 22, 1994 (Public Law 103-408), included a 
        finding that stated: ``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 operations as a public benefit.''.
            (6) Section 1805(c) of the Homeland Security Act of 2002 (6 
        U.S.C. 757(c)) directs the Regional Emergency Communications 
        Coordinating Working Group of the Department of Homeland 
        Security to coordinate their activities with ham and amateur 
        radio operators among the 11 other emergency organizations such 
        as ambulance services, law enforcement, and others.
            (7) Amateur Radio Service, 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 Service stations, and that 
        performance must be given--
                    (A) support at all levels of government; and
                    (B) protection against unreasonable regulation and 
                impediments to the provision of the valuable 
                communications provided by such stations.

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

    (a) Authority.--Not later than 180 days after the date of enactment 
of this Act, the Secretary of Homeland Security shall--
            (1) undertake a study on the uses and capabilities of 
        Amateur Radio Service communications in emergencies and 
        disaster relief; and
            (2) submit a report on the findings of the Secretary to 
        Congress.
    (b) Scope of the Study.--The study required by this section shall--
            (1) include a review of the importance of amateur radio 
        emergency communications in furtherance of homeland security 
        missions relating to disasters, severe weather, and other 
        threats to lives and property in the United States, as well as 
        recommendations for--
                    (A) enhancements in the voluntary deployment of 
                amateur radio licensees in disaster and emergency 
                communications and disaster relief efforts; and
                    (B) improved integration of amateur radio operators 
                in planning and furtherance of the Department of 
                Homeland Security initiatives; and
            (2)(A) identify impediments to enhanced Amateur Radio 
        Service communications, such as the effects of unreasonable or 
        unnecessary private land use regulations on residential antenna 
        installations; and
            (B) make recommendations regarding such impediments for 
        consideration by other Federal departments, agencies, and 
        Congress.
    (c) Use of Expertise and Information.--In conducting the study 
required by this section, the Secretary of Homeland Security shall 
utilize the expertise of stakeholder entities and organizations, 
including the amateur radio, emergency response, and disaster 
communications communities.

            Passed the Senate December 14, 2009.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.