HR 81
112th CONGRESS
1st Session
H. R. 81
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
January 5, 2011
Ms. JACKSON LEE of Texas 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 2011'.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Nearly 700,000 amateur 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.
END
