Rep. Bill Baker (R-California) has introduced a bill to protect ham volunteers in the Volunteer Examination program and the Amateur Auxiliary of the FCC from frivolous lawsuits while they are doing their volunteer jobs. The bill, HR 3207, would afford amateurs engaged in statutorily defined activities with the VE program and with the Amateur Auxiliary the same liability as federal workers under the Federal Tort Claims Act. When individuals who fall under such protection are sued for something they have done while performing their duties, the Federal government steps in to protect them. Baker introduced the measure, the Amateur Radio Volunteer Services Act of 1996, March 29, 1996, as an amendment to the Communications Act.
While the bill would not afford absolute blanket immunity, it does offer a fairly rigorous body of legal protection from the kind of malicious litigation that tends to frighten volunteers away from these activities, said ARRL Legislative and Public Affairs Manager Steve Mansfield, N1MZA.
Baker said that Amateur Radio volunteers provide an invaluable service to all ham radio operators by assisting in licensing and monitoring activities, thus saving taxpayer dollars. Those savings would dry up if volunteers stay away for fear of lawsuits, Baker said in a letter to colleagues. The bill is a simplified version of legislation originally introduced in the 103rd Congress by Rep. Jim Slattery. Individuals and private organizations currently protected by the Federal Tort Claims Act include Volunteers in Service to America (VISTA), the Peace Corps and the Job Corps.
Baker has enlisted members of both parties as original cosponsors of the bill. These include:
Charles Wilson (D-TX); Bob Wise (D-WV); Edolphus Townes (D-NY); Mike Parker (R-MS); Toby Roth (R-WI); Charles Taylor (R-NC); Ron Dellums (D-CA); David Funderburk, K4TPJ, (R-NC); Ed Royce (R-CA); Norman Dicks (D-WA); Vern Ehlers (R-MI); Chris Cox (R-CA); Andrew Jacobs (D-IN); Harold Rogers (R- KY); Dennis Hastert (R-IL); Dave Weldon (R-FL); Anna Eshoo (D-CA); Ken Calvert (R-CA); Doug Bereuter (R-NE); Gene Green (D-TX); George E. Brown (D-CA); Eva Clayton (D-NC); and Sam Farr (D-CA).
ARRL members may want to write their own Congressional Representatives urging them to support HR 3207.
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Ed Note: Our New Hampshire representatives are:
Charles F. Bass (R-NH, 2nd District)
1728 Longworth Office Building
Washington, D.C. 20515
Phone: (202) 225-5206,
E-Mail: None.
William H. Zeliff Jr. (R-NH, 1st District)
1210 Longworth Office Building
Washington, D.C. 20515
Phone: (202) 225-5456
E-Mail: ZELIFF@HR.HOUSE.GOV