[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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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
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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.
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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.