[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5323 Introduced in House (IH)]
106th CONGRESS
2d Session
H. R. 5323
To direct the Administrator of the Federal Aviation Administration to
require automatic external defibrillators in terminals at certain
airports, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 27, 2000
Mr. Lipinski (for himself, Mr. Duncan, and Mr. Costello) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To direct the Administrator of the Federal Aviation Administration to
require automatic external defibrillators in terminals at certain
airports, 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 ``Airport Medical Assistance Act of
2000''.
SEC. 2. AUTOMATIC EXTERNAL DEFIBRILLATORS IN AIRPORT TERMINALS.
(a) Withdrawal of Notice.--Not later than 30 days after the date of
enactment of this Act, the Administrator of the Federal Aviation
Administration shall withdraw the notice of decision of the
Administration published in the Federal Register on June 6, 2000 (65
Fed. Reg. 35971), relating to automatic external defibrillators at
airports.
(b) Publication of Regulations.--
(1) In general.--The Administrator shall issue regulations
to require automatic external defibrillators in terminals at
airports with 100,000 or more annual enplanements.
(2) Deadlines.--The Administrator shall issue--
(A) proposed regulations under paragraph (1) not
later than 180 days after the date of enactment of this
Act; and
(B) final regulations under paragraph (1) not later
than 1 year after the date of enactment of this Act.
SEC. 3. GUIDELINES.
(a) Guidelines.--The Administrator of the Federal Aviation
Administration shall establish guidelines with respect to the provision
and use of automated external defibrillators in terminals at airports.
(b) Information.--The guidelines shall contain information
concerning the following:
(1) The extent to which automated external defibrillators
may be operated by lay persons.
(2) The number of defibrillators required for airports of
different sizes.
(3) The appropriate placement of defibrillators at
airports, taking into account the security needs of airports
and response time for victims.
(4) Such other factors as the Administrator determines
appropriate.
(c) Recommended Procedures.--The guidelines shall contain
recommended procedures for the following:
(1) Implementing training programs, in coordination with
appropriate licensed professionals, on the role of
cardiopulmonary resuscitation and the use of automated external
defibrillators.
(2) Proper maintenance and testing of automated external
defibrillators.
(3) Ensuring coordination with local emergency medical
systems regarding placement, use, and type of automated
external defibrillators.
(4) Such other areas as the Administrator determines
appropriate.
(d) Publication.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall publish the guidelines in the
Federal Register.
SEC. 4. GOOD SAMARITAN PROTECTIONS REGARDING EMERGENCY USE OF AUTOMATED
EXTERNAL DEFIBRILLATORS AT AIRPORTS.
(a) Persons Using AEDs.--Except as provided by subsection (c), any
person who uses an automated external defibrillator device on a victim
of a perceived medical emergency at an airport is immune from civil
liability for any harm resulting from the use of the device.
(b) Persons Acquiring AEDs.--
(1) In general.--Except as provided by subsection (c), in
addition to a person who uses an automated external
defibrillator device on a victim of a perceived medical
emergency at an airport, any person who acquired the device is
immune from civil liability for any harm resulting from the use
of the device, if the harm was not due to the failure of the
person who acquired the device--
(A) to notify local emergency response personnel or
other appropriate entities of the most recent placement
of the device within a reasonable period of time after the device was
placed;
(B) to properly maintain and test the device; or
(C) except as provided by paragraph (2), to provide
appropriate training in the use of the device to an
employee or agent of the acquirer when the employee or
agent was the person who used the device on the victim.
(2) Exceptions to training requirements.--The requirement
of paragraph (1)(C) shall not apply if--
(A) the employee or agent who used the device was
not an employee or agent who would have been reasonably
expected to use the device; or
(B) the period of time elapsing between the
engagement of the person as an employee or agent and
the occurrence of the harm (or between the acquisition
of the device and the occurrence of the harm, in any
case in which the device was acquired after such
engagement of the person) was not a reasonably
sufficient period in which to provide the training.
(c) Inapplicability of Immunity.--Immunity under subsection (a) or
(b) does not apply to a person if the harm involved was caused by
willful or criminal misconduct, gross negligence, reckless misconduct,
or a conscious, flagrant indifference to the rights or safety of the
victim who was harmed.
(d) Applicability of State Laws.--With respect to a class of
persons for which this section provides immunity from civil liability,
this section supersedes the law of a State only to the extent that the
State has no law or regulation that provides persons in such class with
immunity for civil liability arising from the use by such persons of
automated external defibrillator devices in emergency situations
(within the meaning of the State law or regulation involved).
SEC. 5. ELIGIBILITY FOR AIP FUNDING.
Section 47102(3)(B) of title 49, United States Code, is amended--
(1) by striking ``and'' at the end of clause (viii);
(2) by striking the period at the end of clause (ix) and
inserting ``; and'; and
(3) by adding at the end the following:
``(x) automatic external defibrillators, as
defined in section 6 of the Airport Medical
Assistance Act of 2000.''.
SEC. 6. DEFINITIONS.
In this Act, the following definitions apply:
(1) Airport.--The term ``airport'' has the meaning given
such term in section 40102 of title 49, United States Code.
(2) Automated external defibrillator.--The term ``automated
external defibrillator'' means a defibrillator that--
(A) is commercially distributed in accordance with
the Federal Food, Drug, and Cosmetic Act;
(B) is capable of recognizing the presence or
absence of ventricular fibrillation, and is capable of
determining without intervention by the user of the
defibrillator whether defibrillation should be
performed;
(C) upon determining that defibrillation should be
performed, is able to deliver an electrical shock to an
individual; and
(D) in the case of a defibrillator that may be
operated in either an automated or a manual mode, is
set to operate in the automated mode.
(3) Perceived medical emergency.--The term ``perceived
medical emergency'' means circumstances in which the behavior
of an individual leads a reasonable person to believe that the
individual is experiencing a life-threatening medical condition
that requires an immediate medical response regarding the heart
or other cardiopulmonary functioning of the individual.
(4) Person.--The term ``person'' includes a governmental
entity.
<all>