I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Amateur Radio Emer3 gency Communications Enhancement Act of 2009’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Nearly 700,000 amateurs radio operators in 

7 the United States are licensed by the Federal Com8 munications Commission in the Amateur Radio 

9 Service. 

10 (2) Amateur Radio Service operators provide, 

11 on a volunteer basis, a valuable public sector service 

12 to their communities, their States, and to the Na13 tion, especially in the area of national and inter14 national disaster communications. 

15 (3) Emergency and disaster relief communica16 tions services by volunteer Amateur Radio Service 

17 operators have consistently and reliably been pro18 vided before, during, and after floods, hurricanes, 

19 tornadoes, forest fires, earthquakes, blizzards, train 

20 accidents, chemical spills and other disasters. These 

21 communications services include services in connec22 tion with significant examples, such as— 

23 (A) hurricanes Katrina, Rita, Hugo, and 

24 Andrew; 


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1 (B) the relief effort at the World Trade 

2 Center and the Pentagon following the 2001 

3 terrorist attacks; and 

4 (C) the Oklahoma City bombing in April 

5 1995. 

6 (4) Amateur Radio Service has formal agree7 ments for the provision of volunteer emergency com8 munications activities with the Department of 

9 Homeland Security, the Federal Emergency Man10 agement Agency, the National Weather Service, the 

11 National Communications System, and the Associa12 tion of Public Safety Communications Officials, as 

13 well as with disaster relief agencies, including the 

14 American National Red Cross and the Salvation 

15 Army. 

16 (5) Section 1 of the joint resolution entitled 

17 ‘‘Joint Resolution to recognize the achievements of 

18 radio amateurs, and to establish support for such 

19 amateurs as national policy’’, approved October 22, 

20 1994 (Public Law 103–408), included a finding that 

21 stated: ‘‘Reasonable accommodation should be made 

22 for the effective operation of amateur radio from 

23 residences, private vehicles and public areas, and the 

24 regulation at all levels of government should faciliVerDate Nov 24 2008 05:21 Dec 16, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1755.RFH S1755

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1 tate and encourage amateur radio operations as a 

2 public benefit.’’. 

3 (6) Section 1805(c) of the Homeland Security 

4 Act of 2002 (6 U.S.C. 757(c)) directs the Regional 

5 Emergency Communications Coordinating Working 

6 Group of the Department of Homeland Security to 

7 coordinate their activities with ham and amateur 

8 radio operators among the 11 other emergency orga9 nizations such as ambulance services, law enforce10 ment, and others. 

11 (7) Amateur Radio Service, at no cost to tax12 payers, provides a fertile ground for technical self13 training in modern telecommunications, electronic 

14 technology, and emergency communications tech15 niques and protocols. 

16 (8) There is a strong Federal interest in the ef17 fective performance of Amateur Radio Service sta18 tions, and that performance must be given— 

19 (A) support at all levels of government; 

20 and 

21 (B) protection against unreasonable regu22 lation and impediments to the provision of the 

23 valuable communications provided by such sta24 tions. 


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1 SEC. 3. STUDY OF ENHANCED USES OF AMATEUR RADIO IN 

2 EMERGENCY AND DISASTER RELIEF COMMU3 NICATION AND FOR RELIEF OF RESTRIC4 TIONS. 

5 (a) AUTHORITY.—Not later than 180 days after the 

6 date of enactment of this Act, the Secretary of Homeland 

7 Security shall— 

8 (1) undertake a study on the uses and capabili9 ties of Amateur Radio Service communications in 

10 emergencies and disaster relief; and 

11 (2) submit a report on the findings of the Sec12 retary to Congress. 

13 (b) SCOPE OF THE STUDY.—The study required by 

14 this section shall— 

15 (1) include a review of the importance of ama16 teur radio emergency communications in furtherance 

17 of homeland security missions relating to disasters, 

18 severe weather, and other threats to lives and prop19 erty in the United States, as well as recommenda20 tions for— 

21 (A) enhancements in the voluntary deploy22 ment of amateur radio licensees in disaster and 

23 emergency communications and disaster relief 

24 efforts; and 

25 (B) improved integration of amateur radio 

26 operators in planning and furtherance of the 


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1 Department of Homeland Security initiatives; 

2 and 

3 (2)(A) identify impediments to enhanced Ama4 teur Radio Service communications, such as the ef5 fects of unreasonable or unnecessary private land 

6 use regulations on residential antenna installations; 

7 and 

8 (B) make recommendations regarding such im9 pediments for consideration by other Federal depart10 ments, agencies, and Congress. 

11 (c) USE OF EXPERTISE AND INFORMATION.—In con12 ducting the study required by this section, the Secretary 

13 of Homeland Security shall utilize the expertise of stake14 holder entities and organizations, including the amateur 

15 radio, emergency response, and disaster communications 

16 communities. 

Passed the Senate December 14, 2009. 

Attest: NANCY ERICKSON, 

Secretary. 


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