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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.
-