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.