I

103D CONGRESS

1ST SESSION 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

JULY 13, 1993

Mr. SLATTERY introduced the following bill; which was referred to the

Committee on Energy and Commerce

A BILL

To amend the Communications Act of 1934 in order to

facilitate utilization of volunteer resources on behalf of

the Amateur Radio Service.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Amateur Radio Volun5 teer Services Act of 1933’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—The Congress finds and declares

8 that—

9 (1) since 1982, following the enactment of Pub10 lic Law 97–259, the Federal Communications Com-
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1 mission has been authorized to utilize volunteer as2 sistance of licensees in the Amateur Radio Service

3 for—

4 (A) the preparation and administration of

5 amateur radio license examinations, and

6 (B) on-air monitoring for violations in the

7 Amateur Radio Service;

8 (2) these volunteer services provided by individ9 ual amateur radio licensees have greatly enhanced

10 the self-regulatory character of the Service, and have

11 saved the Commission countless hours of staff time

12 and other resources;

13 (3) the success of these volunteer programs to

14 date should be noted, encouraged and expanded;

15 (4) Public Law 102–538 now authorizes the

16 Commission to accept the voluntary, uncompensated

17 and unreimbursed services of amateur radio organi18 zations in administration of club and military recre19 ation station call signs;

20 (5) a principal threat to the continuation of

21 each of these programs is the perception that volun22 teers put personal assets at risk in the event of ac23 tions against them, as the result of their provision

24 of the volunteer services;
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1 (6) this perception may result in

2 nonparticipation of volunteers or withdrawal from

3 volunteer service; and

4 (7) the protection of voluntarism in these spe5 cific programs, through clarification and limitation

6 of the personal risks assumed by the volunteer in

7 connection with such participation in these enumer8 ated programs, is necessary and reasonable.

9 (b) PURPOSE.—It is the purpose of this Act to—

10 (1) protect the provision of volunteer services to

11 the Federal Communications Commission as pro12 vided for in the Communications Act of 1934, as

13 amended, in the administration of the Amateur

14 Radio Service; and

15 (2) sustain the availability of volunteer pro16 grams which benefit the Amateur Radio Service,

17 which has provided a model of self-administration

18 and self-enforcement among the radio services ad19 ministered by the Federal Communications Commis20 sion.
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1 SEC. 3. FACILITATION OF VOLUNTEER SERVICES TO THE

2 FEDERAL COMMUNICATIONS COMMISSION IN

3 PROGRAMS BENEFITING THE AMATEUR

4 RADIO SERVICE.

5 Section 4(f)(4) of the Communications Act of 1934

6 (47 U.S.C. 4(f)(4)) is hereby amended by adding at the

7 end thereof the following new subparagraph:

8 ‘‘(K) Except as provided otherwise herein, no individ9 ual licensee in the Amateur Radio Service who provides

10 volunteer services pursuant to subparagraph (A), (B), or

11 (C) of this paragraph, or pursuant to subsection

12 (g)(3)(B), shall incur personal financial responsibility for

13 any alleged damage, loss, or injury from any act or omis14 sion of the volunteer from the provision of such volunteer

15 services, if—

16 ‘‘(i) such individual was acting in good faith

17 and within the scope of such individual’s official

18 function and duties in providing the volunteer serv19 ices as defined in subparagraph (A), (B), or (C) of

20 this paragraph, or as defined in subsection

21 (g)(3)(B); and

22 ‘‘(ii) such damage, loss, or injury was not

23 caused by willful and wanton misconduct by such in24 dividual.’’.

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