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1994-11-27
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103rd Congress 10/15 Print
1st Session (Text Only)
H.R.2623
To amend the Communications Act of 1934 in order to facilitate utilization
of volunteer resources on behalf of the Amateur Radio Service.
________________________________
IN THE HOUSE OF REPRESENTATIVES
June 13, 1993
Mr. Slattery introduced the following bill; which was
read and referred to the Energy and Commerce Committee
__________________________________
A BILL
To amend the Communications Act of 1934 in order to facilitate utilization
of volunteer resources on behalf of the Amateur Radio Service.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION I. SHORT TITLE
This Act may be cited as the "Amateur Radio Volunteer Services
Act of 1993."
SECTION II. FINDINGS AND PURPOSE
(a) Findings. - The Congress finds and declares that -
(1) Since 1982, following the enactment of P.L. 97-259,
the Federal Communications Commission has been authorized to
utilize volunteer assistance of licensees in the Amateur Radio
Service for:
(A) the preparation and administration of amateur
radio license examinations, and
(B) on-air monitoring for violations in the Amateur
Radio Service;
(2) these volunteer services provided by individual
amateur radio licensees have greatly enhanced the self-regulatory
character of the Service, and have saved the Commission countless
hours of staff time and other resources; and
(3) the success of these volunteer programs to date
should be noted, encouraged and expanded;
(4) Public Law 102-538 now authorizes the Commission to
accept the voluntary, uncompensated and unreimbursed services of
amateur radio organizations in administration of club and military
recreation station call signs;
(5) a principal threat to the continuation of each of
these programs is the perception that volunteers put personal
assets at risk in the event of actions against them, as the result
of their provision of the volunteer services;
(6) this perception may result in non-participation of
volunteers or withdrawal from volunteer service;
(7) the protection of voluntarism in these specific
programs, through clarification and limitation of the personal
risks assumed by the volunteer in connection with such
participation in these enumerated programs, is necessary and
reasonable.
Amateur Radio Volunteer Services Act of 1993.
Page Two
(b) Purpose. - It is the purpose of this Act to -
(1) protect the provision of volunteer services to the
Federal Communications Commission as provided for in the
Communications Act of 1934, as amended, in the administration of
the Amateur Radio Service; and
(2) sustain the availability of volunteer programs which
benefit the Amateur Radio Service, which has provided a model of
self-administration and self-enforcement among the radio services
administered by the Federal
Communications Commission.
SECTION III. FACILITATION OF VOLUNTEER SERVICES TO THE FEDERAL
COMMUNICATIONS COMMISSION IN PROGRAMS BENEFITTING THE AMATEUR
RADIO SERVICE
Section 4(f)(4) of the Communications Act of 1934, as amended
[47 U.S.C. ⌡4(f)(4)], is hereby amended to include a new
subparagraph (K) to read as follows:
(K) Except as provided otherwise herein, no
individual licensee in the Amateur Radio Service who
provides volunteer services pursuant to subparagraphs
(A), (B) and (C) of this paragraph, or pursuant to
paragraph (g)(3)(B) hereinbelow, shall incur personal
financial responsibility for any alleged damage, loss or
injury from any act or omission of the volunteer from the
provision of such volunteer services, if such individual
was acting in good faith and within the scope of such
individual's official function and duties in providing
the volunteer services as defined in subparagraphs (A),
(B) or (C) of this paragraph, or as defined in paragraph
(g)(3)(B); and provided that such damage, loss or injury
was not caused by willful and wanton misconduct by such
individual.