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[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>
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