[Senate Report 112-22]
[From the U.S. Government Publishing Office]


112th Congress  }                                             {  Report
  1st Session   }             SENATE                          {  112-22
_______________________________________________________________________

                                                        Calendar No. 74
 
     AMATEUR RADIO EMERGENCY COMMUNICATIONS ENHANCEMENT ACT OF 2011 

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                 S. 191

 TO DIRECT THE DEPARTMENT OF HOMELAND SECURITY TO UNDERTAKE A STUDY ON 
                        EMERGENCY COMMUNICATIONS


                  [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                 June 13, 2011.--Ordered to be printed

                               ----------
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99-010 PDF                       WASHINGTON : 2011 

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        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS



               JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan                 SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii              TOM COBURN, Oklahoma
THOMAS R. CARPER, Delaware           SCOTT P. BROWN, Massachusetts
MARK L. PRYOR, Arkansas              JOHN McCAIN, Arizona
MARY L. LANDRIEU, Louisiana          RON JOHNSON, Wisconsin
CLAIRE McCASKILL, Missouri           ROB PORTMAN, Ohio
JON TESTER, Montana                  RAND PAUL, Kentucky
MARK BEGICH, Alaska                  JERRY MORAN, Kansas

                  Michael L. Alexander, Staff Director
       Beth M. Grossman, Deputy Staff Director and Chief Counsel
              Seamus A. Hughes, Professional Staff Member
               Nicholas A. Rossi, Minority Staff Director
   Brendan P. Shields, Minority Director of Homeland Security Affairs
        Christopher J. Keach, Minority Professional Staff Member
                  Trina Driessnack Tyrer, Chief Clerk
















                                                        Calendar No. 74

112th Congress  }                                             {  Report
  1st Session   }                SENATE                       {  112-22
=======================================================================

     AMATEUR RADIO EMERGENCY COMMUNICATIONS ENHANCEMENT ACT OF 2011

                                _______
                                

                 June 13, 2011.--Ordered to be printed

                                _______
                                

Mr. Lieberman, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 191]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 191) to direct the 
Department of Homeland Security to undertake a study on 
emergency communications, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill (as amended) do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................1
III. Legislative History..............................................2
 IV. Section-by-Section Analysis......................................3
  V. Evaluation of Regulatory Impact..................................4
 VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............5

                         I. PURPOSE AND SUMMARY

    S. 191 seeks to determine how to harness the ability of the 
hundreds of thousands of American amateur radio operators who 
comprise the Amateur Radio Service to offer organized and 
orderly help to the government in times of emergency. It does 
so by directing the Secretary of Homeland Security to study, 
write a report on, and make recommendations with respect to the 
uses and capabilities of the Amateur Radio Service.

              II. BACKGROUND AND NEED FOR THE LEGISLATION

    Amateur radios--radios used for two-way communications--
have long served as an effective method of communication for 
their users. The Federal Communications Commission has 
allocated certain radio frequencies to amateur radio use, and 
it has required those seeking to communicate on those 
frequencies to first obtain FCC licenses. The nearly 700,000 
U.S. residents who have obtained such licenses make up the 
Amateur Radio Service.
    In emergency after emergency, members of the Amateur Radio 
Service have proven the value of their technology and skills to 
helping those in need. Natural disasters and other emergencies 
often cause traditional phone lines to fail and can leave cell 
phone services overwhelmed. The ability of amateur radios to 
communicate, however, often emerges from these disasters 
unscathed, allowing amateur radio operators to serve as vital 
communicators of critical information. Volunteer radio 
operators provided such services during hurricanes Katrina, 
Rita, Hugo, and Andrew, during the relief efforts at the World 
Trade Center and the Pentagon following the 2001 terrorist 
attacks, and during the Oklahoma City bombing in April 1995.
    Despite these examples of invaluable service and the great 
need for reliable communications during emergencies, there 
currently is no overarching strategy for organizing and 
harnessing the potential of this critical communication 
infrastructure. S. 191 would help remedy this situation by 
directing the Department of Homeland Security to study and 
report on the ways in which the Amateur Radio Service can help 
in the response to emergencies and natural disasters.

                        III. LEGISLATIVE HISTORY

    In the 111th Congress, Senators Joseph Lieberman and Susan 
Collins introduced S. 1755, the Amateur Radio Emergency 
Communications Enhancement Act of 2009, on October 6, 2009. The 
Committee on Homeland Security and Governmental Affairs 
favorably reported the bill by voice vote on November 4, 2009. 
The bill passed the Senate on December 14, 2009, by unanimous 
consent. The House took no action on the bill.
    On January 26, 2011, Senators Joseph Lieberman and Susan 
Collins re-introduced the Amateur Radio Emergency 
Communications Enhancement Act of 2011 in the 112th Congress. 
The bill, now numbered S. 191, was referred to the Committee on 
Homeland Security and Governmental Affairs. The Committee 
considered the bill at a business meeting on April 13, 2011.
    The Committee adopted one amendment to the bill, offered by 
Senator Coburn. The amendment directs the Department of 
Homeland Security's Inspector General to submit a report to 
Congress to determine whether and to what degree Federal 
Emergency Management Agency grant programs provide duplicative 
or overlapping assistance. According to a March 1, 2011, 
Government Accountability Office Report cited by Senator 
Coburn, ``FEMA does not compare and coordinate grant 
applications across its preparedness programs to identify 
potential duplication. In addition, FEMA has not established 
measurable goals or performance measures for preparedness 
capabilities to identify gaps to assist in effectively 
prioritizing national investments through preparedness grant 
programs . . . Until FEMA evaluates grant applications across 
grant programs, FEMA cannot ascertain whether or to what extent 
multiple funding requests are being submitted for similar 
purposes.''\1\
---------------------------------------------------------------------------
    \1\Opportunities to Reduce Potential Duplication in Government 
Programs, Save Tax Dollars, and Enhance Revenue (GAO #11-318SP), page 
116.
---------------------------------------------------------------------------
    The Committee adopted the Coburn amendment by voice vote 
and then voted to report the bill favorably, also by voice 
vote. Members present for both votes were Senators Lieberman, 
Levin, Akaka, Carper, Begich, Collins, Coburn, McCain, and 
Johnson.

                    IV. SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 designates the name of the act as the ``Amateur 
Radio Emergency Communications Enhancement Act of 2011.''

Section 2. Findings

    Section 2 states Congress' findings regarding the value of 
services provided by amateur radio service operators.

Section 3. Study of enhanced uses of amateur radio in emergency and 
        disaster relief communication and for relief of restrictions

    Subsection (a) requires the Secretary of Homeland Security 
to undertake a study examining the uses and capabilities of 
Amateur Radio Service communications in emergencies and 
disaster relief and to submit a report to Congress on the 
findings of the study within 180 days of enactment of this act.
    Subsection (b) provides that the study shall include a 
review of the extent to which amateur radio emergency 
communications can support homeland security missions relating 
to disasters, severe weather, and other threats to lives and 
property in the United States. It also directs the report to 
provide recommendations for enhancements in the voluntary 
deployment of amateur radio licensees in relief efforts and 
improved integration of amateur radio operators in planning and 
furtherance of homeland security initiatives. Finally, it 
specifies that the recommendations should identify impediments 
to Amateur Radio Service communications and make 
recommendations regarding such impediments for consideration by 
other Federal departments, agencies, and Congress.
    Subsection (c) requires the Secretary to utilize the 
expertise of stakeholder entities and organizations for the 
purposes of conducting this study.

Section 4. Report on Duplication of Grant Programs

    Subsection (a) requires the Inspector General of the 
Department of Homeland Security to submit a report to Congress 
on the grant programs administered by the Administrator of the 
Federal Emergency Management Agency within 180 days of 
enactment of this act.
    Subsection (b) provides that report should determine 
whether and to what degree Federal Emergency Management Agency 
grant programs provide duplicative or overlapping assistance. 
It also specifies that the report should provide the cost of 
each grant and make recommendations for the consolidation and 
elimination of grant programs to reduce duplication of 
assistance.

                   V. EVALUATION OF REGULATORY IMPACT

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill. The Committee 
agrees with the Congressional Budget Office that the bill 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and would not 
effect state, local, and tribal governments. The enactment of 
this legislation will not have significant regulatory impact.

             VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                                    April 19, 2011.
Hon. Joseph I. Lieberman,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 191, the Amateur 
Radio Emergency Communications Enhancement Act of 2011.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Dan Hoople.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 191--Amateur Radio Emergency Communications Enhancement Act of 2011

    CBO estimates that implementing S. 191 would cost about $1 
million over the next five years. Pay-as-you-go procedures do 
not apply to this legislation because it would not affect 
direct spending or revenues.
    S. 191 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The legislation would direct the Department of Homeland 
Security (DHS) to conduct a study on the uses and capabilities 
of the Amateur Radio Service during and after a disaster or 
emergency. The Amateur Radio Service is a voluntary 
organization made up of qualified people with a nonmonetary 
interest in radio. Amateur radio operators are licensed by the 
Federal Communications Commission based on skill and knowledge. 
Licensed operators may use a number of small, shared-frequency 
bands to communicate through voice, teleprinting, telegraphy, 
facsimile, and television. During emergencies, amateur radio 
operators provide alerts and other communication in place of 
and in tandem with federal, state, and local government 
agencies and private relief organizations, such as the American 
Red Cross.
    The bill also would direct the Inspector General of DHS to 
report to the Congress on the cost of grant programs operated 
by the Federal Emergency Management Agency and to what degree 
those programs provide duplicative or overlapping assistance. 
Based on similar studies, CBO estimates that the cost of 
producing both studies would be about $1 million in 2012, 
subject to the availability of appropriated funds.
    The CBO staff contact for this estimate is Dan Hoople. The 
estimate was approved by Peter H. Fontaine, Assistant Director 
for Budget Analysis.

      VIII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    The bill, as reported, makes no changes to existing law.

                                  
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