[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1584 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 1584

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 1998

 Mr. Frist (for himself and Mr. Dorgan) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 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. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Aviation Administration.
            (2) Air carrier.--The term ``air carrier'' has the meaning 
        given that term in section 40102(a)(2) of title 49, United 
        States Code.
            (3) Aircraft.--The term ``aircraft'' has the meaning given 
        that term in section 40102(a)(6) of title 49, United States 
        Code.
            (4) Airport.--The term ``airport'' has the meaning given 
        that term in section 40102(a)(9) of title 49, United States 
        Code.
            (5) Foreign air transportation.--The term ``foreign air 
        transportation'' has the meaning given that term in section 
        40102(a)(23) of title 49, United States Code.
            (6) Interstate air transportation.--The term ``interstate 
        air transportation'' has the meaning given that term in section 
        40102(a)(25) of title 49, United States Code.
            (7) Major air carrier.--The term ``major air carrier'' 
        means an air carrier that--
                    (A) has been issued an applicable certificate as an 
                air carrier under section 41102 of title 49, United 
                States Code; and
                    (B) during the 12-month period ending March 31 of 
                the most recent year preceding the date of enactment of 
                this Act, accounted for at least 1 percent of domestic-
                scheduled passenger revenues, as reported to the 
                Department of Transportation pursuant to part 241 of 
                title 14, Code of Federal Regulations.
            (8) Medically qualified individual.--The term ``medically 
        qualified individual'' includes any individual who is licensed, 
        certified, or otherwise qualified to provide medical care in a 
        State, including an ambulance attendant.

SEC. 3. MEDICAL KIT EQUIPMENT AND TRAINING.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator shall review and reevaluate regulations 
of the Federal Aviation Administration 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 the equipment.
    (b) Regulations.--If, on the basis of a review conducted under 
subsection (a), the Administrator determines that it is necessary to 
issue revised regulations, the Administrator shall issue a notice of 
proposed rulemaking to issue those revised regulations.

SEC. 4. REPORTS REGARDING DEATHS ON AIRCRAFT.

    During the 1-year period beginning on the 90th day following the 
date of enactment of this Act, a major air carrier shall make a good 
faith effort to obtain, and shall submit, on a monthly basis, a report 
to the Administrator that provides information concerning--
            (1) the number of individuals who died on aircraft of the 
        air carrier, including any individual who was declared dead 
        after being removed from such an aircraft as a result of a 
        medical incident that occurred on that aircraft;
            (2) the age of each individual described in paragraph (1);
            (3)(A) with respect to each individual described in 
        paragraph (1), whether the primary cause of death was a cardiac 
        arrest; and
            (B) if the primary cause of death of an individual 
        described in paragraph (1) was a cardiac arrest, whether the 
        cardiac arrest was the result of ventricular fibrillation;
            (4) with respect to each death or medical incident that 
        occurred on an aircraft referred to in paragraph (1), whether 
the aircraft was diverted as a result of the death or incident; and
            (5) such other information as the Administrator may request 
        as necessary to aid in a decision concerning whether to require 
        automatic external defibrillators--
                    (A) in airports;
                    (B) on aircraft operated by air carriers; or
                    (C) in airports and on aircraft described in 
                subparagraph (B).

SEC. 5. 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 4, the Administrator shall make a 
decision concerning whether automatic external defibrillators should be 
required--
            (1) in airports;
            (2) on aircraft operated by air carriers; or
            (3) in airports and on aircraft described in paragraph (2).
    (b) Form of Decision.--
            (1) In general.--If the Administrator decides under 
        subsection (a) that automatic external defibrillators should be 
        required in airports or aircraft described in that subsection, 
        the Administrator shall, with respect to each such 
        requirement--
                    (A) issue proposed regulations to implement the 
                requirement; or
                    (B) submit to Congress proposed legislation to 
                implement the requirement.
            (2) Notice.--If the Administrator decides under subsection 
        (a) that automatic external defibrillators should not be 
        required in airports or on aircraft described in that 
        subsection, the Administrator shall publish in the Federal 
        Register a notice of that decision.
    (c) Contents.--If the Administrator decides that automatic external 
defibrillators should be required--
            (1) on aircraft operated by air carriers, a proposed 
        regulation described in subsection (b)(1)(A) or recommendation 
        for proposed legislation described in subsection (b)(1)(B) 
        shall include information with respect to--
                    (A) the size of the aircraft on which those 
                defibrillators should be required;
                    (B) the class flights (whether interstate or 
                foreign air transportation, or both) on which those 
                defibrillators should be required;
                    (C) the training that should be required for air 
                carrier personnel in the use of those defibrillators; 
                and
                    (D) the associated equipment and medication that 
                should be required to be carried in each aircraft 
                medical kit; and
            (2) at airports, a proposed regulation described in 
        subsection (b)(1)(A) or recommendation for proposed legislation 
        described in subsection (b)(1)(B) shall include information 
        with respect to--
                    (A) the size of the airport at which those 
                defibrillators should be required;
                    (B) the training that should be required for 
                airport personnel in the use of those defibrillators; 
                and
                    (C) the associated equipment and medication that 
                should be required at each 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.

SEC. 6. LIABILITY OF INDIVIDUALS.

    (a) In General.--Except as provided in subsection (b), an 
individual shall not be liable for damages in any action brought in a 
Federal or State court arising from an act or omission of the 
individual in providing or attempting to provide assistance in the case 
of an in-flight medical emergency.
    (b) Exception.--The exemption under subsection (a) shall not apply 
in any case in which an individual provides, or attempts to provide the 
assistance referred to in that paragraph in a manner that constitutes 
gross negligence or willful misconduct.
                                 <all>