[Congressional Record Volume 144, Number 34 (Tuesday, March 24, 1998)]
[House]
[Pages H1403-H1406]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AVIATION MEDICAL ASSISTANCE ACT OF 1998
Mr. DUNCAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2843) 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, as amended.
The Clerk read as follows:
H.R. 2843
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Tennessee (Mr. Duncan) and the gentleman from Illinois (Mr. Lipinski)
each will control 20 minutes.
The Chair recognizes the gentleman from Tennessee (Mr. Duncan).
Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Subcommittee on Aviation and the full Committee on
Transportation and Infrastructure unanimously approved the Aviation
Medical Assistance Act, H.R. 2843, on March 5 and March 11
respectively. Medical equipment aboard commercial aircraft have not
been reviewed in over 13 years, until the Subcommittee on
[[Page H1404]]
Aviation held a hearing last year. We heard from several expert
witnesses in aviation medical equipment, including the FAA air surgeon,
Dr. Jon Jordan, Dr. Russell Rayman from the Aerospace Medical
Association, Dr. David McKenas from American Airlines, and several
other well informed and knowledgeable witnesses. We heard very dramatic
and moving testimony from family members who had loved ones who had
died after experiencing medical problems during plane trips.
From this testimony we basically heard three overriding things: One,
we need to improve our medical equipment on aircraft; two, there is no
reliable data on the number of in-flight medical emergencies; and
three, a Good Samaritan provision should be incorporated into any bill.
Before I go on, let me say that I am very encouraged by the
increasing number of U.S. airlines that have voluntarily placed or have
begun to place defibrillators and other improved medical equipment on
board their aircraft. American Airlines, Delta, United, Alaska Air and
American Trans Air should all be commended for their efforts to provide
passengers with the best possible care and the best medical equipment
available. In fact, it is my understanding that these defibrillators
have already saved the lives of at least two passengers just within the
last few months.
And I should point out that in 1997, 640 million people flew in the
United States, and the FAA predicts that almost 1 billion passengers
will fly commercially in the United States by the year 2007.
{time} 1545
These enormous increases in passenger traffic will almost undoubtedly
lead to an increase in the number of in-flight medical emergencies.
There are those who prefer to see these defibrillators mandated by the
FAA. I must admit that we gave this some thought, mainly because the
American Heart Association tells us that more than 1,000 Americans
suffer from sudden cardiac arrest each day, and this is bound to
increase with the aging of the American population.
We went back and reviewed testimony from our witnesses who expressed
concerns about the lack of reliable data on medical emergencies and a
concern about what sizes or types of aircraft could accommodate these
medical devices.
So this is basically why we are here today with H.R. 2843, which I
have sometimes referred to as the Good Samaritan in the Skies bill.
H.R. 2843 has four components. First, it requires the FAA, not later
than 1 year after enactment of the bill, to reevaluate regulations
regarding the equipment required to be carried in medical kits and
first-aid training, medical emergency training required by flight
attendants.
Secondly, it requires air carriers to submit reports to the FAA on
the number of deaths on board aircraft, age of the person, and whether
or not the aircraft was diverted as a result of the death or incident.
Third, it also requires the FAA, based upon data gathered over the
year period, to determine whether or not automatic external
defibrillators should be required on commercial passenger airplanes and
at airports.
Fourth, and finally, and I think very importantly, the bill limits
liability for an air carrier, should the flight attendant or crew in
good faith believe that the passenger rendering assistance is a
medically qualified individual such as a doctor, nurse, or paramedic.
It also limits liability for the passenger rendering assistance
unless he or she is found guilty of gross negligence or willful
misconduct.
This legislation will enable the needed information to be properly
gathered and analyzed so that the FAA can make a proper and informed
decision on what types of additional equipment should be required for
air passenger carriers.
This is a good bill, Mr. Speaker, that every Member of the House can
support. And I urge its passage.
Lastly, I want to thank my good friend, the gentleman from Illinois
(Mr. Lipinski), the ranking member of the Subcommittee on Aviation. He
is truly a man with a good and kind heart. He really tries to help
people.
I have heard it said, and I believe it to be true, that no committee
or subcommittee in this Congress has a chairman and ranking member who
get along and work together better than the gentleman from Illinois and
I do. I thank him for his support on this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. LIPINSKI. Mr. Speaker, I yield myself the amount of time I may
consume.
Mr. Speaker, first of all, I want to thank the gentleman from
Tennessee (Mr. Duncan) for introducing such an important bill. After
our excellent Subcommittee on Aviation hearing on this issue last
session, it was obvious that something needed to be done to address the
increasing number of medical emergencies in the sky. I am proud to be
an original cosponsor of H.R. 2843, the Aviation Medical Assistance
Act.
The number of airline passengers traveling both domestically and
internationally is growing by leaps and bounds each year. As more
people fly, and fly longer distances, there is a greater chance of
serious medical emergencies occurring during flight.
Unfortunately, because the Federal Aviation Administration does not
require airlines to report the number of in-flight medical emergencies,
we can only make an educated guess that the number of medical
emergencies has increased each year with the number of airline
passengers.
Fortunately, the Aviation Medical Assistance Act will require major
airlines to report their on-board medical incidents to the FAA. This
reporting requirement will provide data on the number and types of in-
flight medical emergencies.
This data can then be used to determine exactly what the major
airlines need to have on board to help prevent the most common types of
in-flight medical emergencies. Without this data provided by this
reporting requirement, the airlines and the FAA would have to continue
to guess about how to best prevent an in-flight medical tragedy.
H.R. 2843 also directs the FAA to use the in-flight medical incident
data reported by the airlines to determine whether to require
defibrillators aboard aircraft and, if so, what type of aircraft.
Recent technology improvements have made defibrillators portable,
compact, and easy to use. In fact, at the Subcommittee on Aviation
hearing last May, we saw the new smaller defibrillator, and it is
amazing how easy this lifesaving device is to use.
Several major air carriers have already agreed to voluntarily place
defibrillators on their aircraft. I want to commend American Airlines,
Delta Airlines, United, and Alaskan Airlines for voluntarily taking
this step forward in passenger safety.
I believe that the FAA will quickly see from the in-flight medical
data that defibrillators are lifesaving devices that should be required
on all major carriers and at all major airports. Hopefully, the FAA
will act quickly and make a decision to require defibrillators on all
major carriers in the near future.
Finally, the bill includes a Good Samaritan provision. This provision
would protect from legal liability the Good Samaritan, such as the
doctor on board the flight who volunteers to help in a medical
emergency.
When a medical emergency happens during flight, the flight crew must
often rely on the help of passengers who are medical professionals.
Unfortunately, many doctors on board are often weary of volunteering
their services for fear of being sued.
This Good Samaritan provision protects passengers who volunteer to
help, unless, of course, they are grossly negligent or engaged in
willful misconduct. The Good Samaritan provision also generally
protects the airlines from legal liability for the actions of their
passengers.
When passengers get on a plane, they assume that they will be safe.
H.R. 2843, the Aviation Medical Assistance Act, will make sure that all
passengers are safe when they board a plane. H.R. 2843 will help ensure
that in-flight medical emergencies do not become in-flight medical
tragedies.
Again, I am a proud cosponsor of this bill, and I want to urge all of
my colleagues to vote yes on this very important piece of legislation.
[[Page H1405]]
Mr. Speaker, I yield as much time as she may consume to the young
gentlewoman from Connecticut (Mrs. Kennelly).
Mrs. KENNELLY of Connecticut. Mr. Speaker, I thank the gentleman from
Illinois for that compliment.
Mr. Speaker, I rise today in support of this legislation which will
provide American air travelers with a vital margin of safety that they
need so much.
It was not that long ago, a little over a year ago, that I was
traveling on a plane one evening, and a gentleman came down the aisle
and he fell face forward and was unconscious. It did not seem it was my
imagination, but it seemed that the flight attendants were going in
opposite directions. Then a call was put out for a doctor on the plane.
There was no doctor on the plane, unfortunately. But, fortunately,
there was a nurse on the plane, and she came to the assistance of the
passenger. At one point, she called for the first-aid box. The box
came, she opened it, and there were just a few bandages in it and
something that looked like something for a toothache, and very little
else. She found nothing that could help her in her assistance at that
time.
It was shortly after this, Mr. Speaker, that I introduced legislation
to require airlines to carry automatic electronic defibrillators on all
flights. This legislation was prompted by a visit from one of my
constituents, Mrs. Lynn Talit, who came to see me in Washington shortly
after this occasion that happened to me on an airline, to tell me that
her husband had suffered a heart attack during a flight.
The facts were devastating, and I felt very badly for Mrs. Talit. She
told me her husband had died. She had a terrible time finding
information about exactly when he had died, what were the circumstances
after his death, what had occurred during the illness. And yet she was
a very brave woman and she persevered to find out all this information.
Then she felt that she really should help others who had loved ones who
suffer heart attacks on an air flight.
Since then, of course, we have learned that this experience is one
that happens to others. In fact, newspapers, since this problem has
come to light, have chronicled both a sudden death of a young woman
aboard a plane not long ago and the use of an AED to save another
passenger's life.
So now that we have highlighted the situation that people do, in
fact, have heart attacks on planes, as they have heart attacks
everywhere else, and that if we have an automatic defibrillator on the
plane, it could save a passenger's life.
This constituent of mine had the good fortunate to go see the
gentleman from Tennessee (Mr. Duncan) and told her story to him. He was
marvelous about making it possible to have a hearing on this situation
of people becoming ill on airlines, and the fact that if an automatic
defibrillator is available lives can be saved.
Chairman Duncan held a hearing and my constituent was able to testify
at that hearing, and I think now we have evidence to justify requiring
AEDs on all flights.
This bill that the gentleman from Tennessee (Mr. Duncan) and the
gentleman from Illinois (Mr. Lipinski) have brought forth will move
this decision in the right direction by giving FAA 1 year to make the
decision. In other words, the added margin of safety passengers deserve
may be only a year away.
What I am saying today is that I think we have a situation where we
should have an automatic electronic defibrillator on every flight.
American Airlines actually has said that they intend to do this. Other
airlines are coming to this practical decision.
But in the meantime, this study that the gentleman from Tennessee
(Mr. Duncan) and the gentleman from Illinois (Mr. Lipinski) is bringing
forth will make it possible for us to address the whole idea of health
and safety on airlines, making sure that first-aid box has in it what
is necessary to assist passengers.
By the way, we have come a long way, probably as has been mentioned
before on the floor, that airline attendants, beginning after World War
I, when we first had airline attendants, were required to have nurse's
training. We have gone all the way from having nurse's training as a
requirement to having a sick person sick on a plane without an adequate
first aid box. We can understand why the airline attendants are
concerned when a passenger becomes ill because they do not have the
training to take care of a sick passenger, and they know it.
All of us in this room travel by air quite often, and if we are sick
we certainly hope that there is a doctor on board, but more
importantly, we hope there is trained personnel to help us till the
plane lands.
I hope in the name of my constituent that an automatic electric
defibrillator gets on every plane so that, in fact, if there is a
serious heart attack, if, in fact, there is heart failure, every
individual will have a chance to have the necessary help available to
save his or her life. It makes good sense to have automatic electronic
defibrillators on all planes. Thank you Mr. Speaker.
Mr. LIPINSKI. Mr. Speaker, I yield myself as much time as I may
consume to close for our side.
I simply want to say this is really a very important piece of
legislation and a piece of legislation that will help make the skies
much safer than they are at the present time.
I want to compliment the gentleman from Tennessee (Mr. Duncan),
chairman of the Subcommittee on Aviation. As usual, he has been
enormously generous in sharing the credit on this bill with everybody
else on the subcommittee. His usual cooperation has once again been
there. It is a pleasure and a great opportunity, really, for me to
continue to work with him on the Subcommittee on Aviation.
Mr. Speaker, I yield back the balance of our time.
Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to close by once again thanking the gentleman
from Illinois (Mr. Lipinski), but also I want to thank the gentlewoman
from Connecticut (Mrs. Kennelly), who is a cosponsor of this
legislation.
I mentioned in my statement a few minutes ago the very moving and
dramatic testimony that we heard from two family members, one of whom
was her constituent. I can tell my colleagues that I do not believe we
would be as far along on this legislation today, where we are at this
moment, if it was not for the gentlewoman from Connecticut (Mrs.
Kennelly). And I appreciate her work.
This is a good bill. This bill is going to lead to better medical
equipment on airlines throughout this Nation. It is going to lead to
better medical training for airline personnel. It is going to lead to
the first ever Good Samaritan law in the skies so that passengers who
have medical training can provide much-needed assistance during medical
emergencies.
When we add all of those things together, I think this is very
important legislation. It is very good legislation. It is legislation
that all Members of this Congress can point to with pride and support
enthusiastically.
Mr. OBERSTAR. Mr. Speaker, I support H.R. 2843, the Aviation Medical
Assistance Act, and I urge our colleagues to vote for it today. I
commend Chairman Duncan and Congressman Lipinski for working closely
together in a nonpartisan fashion to develop a bill that was reported
out of the Committee with no dissenting votes.
Other speakers have done a good job of explaining the legislation.
This bill will move us along the road to an industry standard that will
require the carriage of heart defibrillator equipment on airliners.
I firmly believe that if there is safety technology available and
some in the industry are utilizing it to good benefit, then there is
little reason not to require all of the industry to take similar steps.
The traveling public expects that when they board an airliner that
there will be equivalent levels of safety.
I want to strongly commend those airlines, Delta, American, Alaska,
and United, for recognizing the need, being forward-thinking enough to
recognize new developments in medical technology, and taking the
initiative to carry defibrillators without waiting for the government
to require them. It is because of these sorts of steps that these
particular airlines are widely recognized and appreciated as leaders in
aviation safety.
This bill, if enacted this year, will likely lead us to a rule about
two years from now, requiring defibrillators on airline aircraft. Given
the fact that the three largest carriers and Alaska Airlines are
already instituting programs for this life-saving equipment, I believe
that the
[[Page H1406]]
rest of the industry and the Federal Aviation Administration need not
and should not take all of this time to decide that all aircraft be
equipped.
In the area of liability, this bill takes a very reasoned and narrow
approach in protecting airlines from liability. An airline will not be
liable for its selection of a passenger to use the defibrillator
equipment, if the airline, in good faith, believed that the person was
qualified to use the equipment. Other than that, the airline's
liability remains the same as it is today.
The bill also provides ``Good Samaritan'' protections for the
individual using the equipment, so long as they are not grossly
negligent or engaged in willful misconduct.
Again, Mr. Speaker, I urge an ``aye'' vote on this bill.
Mr. DUNCAN. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Tennessee (Mr. Duncan) that the House suspend the rules
and pass the bill, H.R. 2843, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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