[SEDXC] BILL in the HOUSE

[David Johnson]

>> HR 2160 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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