[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2843 Enrolled Bill (ENR)]

        H.R.2843

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 An Act


 
 To direct the Administrator of the Federal Aviation Administration to 
   reevaluate the equipment in medical kits carried on, and to make a 
  decision regarding requiring automatic external defibrillators to be 
 carried on, aircraft operated by air carriers, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Aviation Medical Assistance Act of 
1998''.

SEC. 2. MEDICAL KIT EQUIPMENT AND TRAINING.

    Not later than 1 year after the date of the enactment of this Act, 
the Administrator of the Federal Aviation Administration shall 
reevaluate regulations regarding: (1) the equipment required to be 
carried in medical kits of aircraft operated by air carriers; and (2) 
the training required of flight attendants in the use of such 
equipment, and, if the Administrator determines that such regulations 
should be modified as a result of such reevaluation, shall issue a 
notice of proposed rulemaking to modify such regulations.

SEC. 3. REPORTS REGARDING DEATHS ON AIRCRAFT.

    (a) In General.--During the 1-year period beginning on the 90th day 
following the date of the enactment of this Act, a major air carrier 
shall make a good faith effort to obtain, and shall submit quarterly 
reports to the Administrator of the Federal Aviation Administration on, 
the following:
        (1) The number of persons who died on aircraft of the air 
    carrier, including any person who was declared dead after being 
    removed from such an aircraft as a result of a medical incident 
    that occurred on such aircraft.
        (2) The age of each such person.
        (3) Any information concerning cause of death that is available 
    at the time such person died on the aircraft or is removed from the 
    aircraft or that subsequently becomes known to the air carrier.
        (4) Whether or not the aircraft was diverted as a result of the 
    death or incident.
        (5) Such other information as the Administrator may request as 
    necessary to aid in a decision as to whether or not to require 
    automatic external defibrillators in airports or on aircraft 
    operated by air carriers, or both.
    (b) Format.--The Administrator may specify a format for reports to 
be submitted under this section.

SEC. 4. DECISION ON AUTOMATIC EXTERNAL DEFIBRILLATORS.

    (a) In General.--Not later than 120 days after the last day of the 
1-year period described in section 3, the Administrator of the Federal 
Aviation Administration shall make a decision on whether or not to 
require automatic external defibrillators on passenger aircraft 
operated by air carriers and whether or not to require automatic 
external defibrillators at airports.
    (b) Form of Decision.--A decision under this section shall be in 
the form of a notice of proposed rulemaking requiring automatic 
external defibrillators in airports or on passenger aircraft operated 
by air carriers, or both, or a recommendation to Congress for 
legislation requiring such defibrillators or a notice in the Federal 
Register that such defibrillators should not be required in airports or 
on such aircraft. If a decision under this section is in the form of a 
notice of proposed rulemaking, the Administrator shall make a final 
decision not later than the 120th day following the date on which 
comments are due on the notice of proposed rulemaking.
    (c) Contents.--If the Administrator decides that automatic external 
defibrillators should be required--
        (1) on passenger aircraft operated by air carriers, the 
    proposed rulemaking or recommendation shall include--
            (A) the size of the aircraft on which such defibrillators 
        should be required;
            (B) the class flights (whether interstate, overseas, or 
        foreign air transportation or any combination thereof) on which 
        such defibrillators should be required;
            (C) the training that should be required for air carrier 
        personnel in the use of such defibrillators; and
            (D) the associated equipment and medication that should be 
        required to be carried in the aircraft medical kit; and
        (2) at airports, the proposed rulemaking or recommendation 
    shall include--
            (A) the size of the airport at which such defibrillators 
        should be required;
            (B) the training that should be required for airport 
        personnel in the use of such defibrillators; and
            (C) the associated equipment and medication that should be 
        required at the airport.
    (d) Limitation.--The Administrator may not require automatic 
external defibrillators on helicopters and on aircraft with a maximum 
payload capacity (as defined in section 119.3 of title 14, Code of 
Federal Regulations) of 7,500 pounds or less.
    (e) Special Rule.--If the Administrator decides that automatic 
external defibrillators should be required at airports, the proposed 
rulemaking or recommendation shall provide that the airports are 
responsible for providing the defibrillators.

SEC. 5. LIMITATIONS ON LIABILITY.

    (a) Liability of Air Carriers.--An air carrier shall not be liable 
for damages in any action brought in a Federal or State court arising 
out of the performance of the air carrier in obtaining or attempting to 
obtain the assistance of a passenger in an in-flight medical emergency, 
or out of the acts or omissions of the passenger rendering the 
assistance, if the passenger is not an employee or agent of the carrier 
and the carrier in good faith believes that the passenger is a 
medically qualified individual.
    (b) Liability of Individuals.--An individual shall not be liable 
for damages in any action brought in a Federal or State court arising 
out of the acts or omissions of the individual in providing or 
attempting to provide assistance in the case of an in-flight medical 
emergency unless the individual, while rendering such assistance, is 
guilty of gross negligence or willful misconduct.

SEC. 6. DEFINITIONS.

    In this Act--
        (1) the terms ``air carrier'', ``aircraft'', ``airport'', 
    ``interstate air transportation'', ``overseas air transportation'', 
    and ``foreign air transportation'' have the meanings such terms 
    have under section 40102 of title 49, United States Code;
        (2) the term ``major air carrier'' means an air carrier 
    certificated under section 41102 of title 49, United States Code, 
    that accounted for at least 1 percent of domestic scheduled-
    passenger revenues in the 12 months ending March 31 of the most 
    recent year preceding the date of the enactment of this Act, as 
    reported to the Department of Transportation pursuant to part 241 
    of title 14 of the Code of Federal Regulations; and
        (3) the term ``medically qualified individual'' includes any 
    person who is licensed, certified, or otherwise qualified to 
    provide medical care in a State, including a physician, nurse, 
    physician assistant, paramedic, and emergency medical technician.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.