I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Airport Medical Assist5 ance Act of 2000’’.

6 SEC. 2. AUTOMATIC EXTERNAL DEFIBRILLATORS IN AIR7 PORT TERMINALS.

8 (a) WITHDRAWAL OF NOTICE.—Not later than 30

9 days after the date of enactment of this Act, the Adminis-
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1 trator of the Federal Aviation Administration shall with2 draw the notice of decision of the Administration pub3 lished in the Federal Register on June 6, 2000 (65 Fed.

4 Reg. 35971), relating to automatic external defibrillators

5 at airports.

6 (b) PUBLICATION OF REGULATIONS.—

7 (1) IN GENERAL.—The Administrator shall

8 issue regulations to require automatic external

9 defibrillators in terminals at airports with 100,000

10 or more annual enplanements.

11 (2) DEADLINES.—The Administrator shall

12 issue—

13 (A) proposed regulations under paragraph

14 (1) not later than 180 days after the date of

15 enactment of this Act; and

16 (B) final regulations under paragraph (1)

17 not later than 1 year after the date of enact18 ment of this Act.

19 SEC. 3. GUIDELINES.

20 (a) GUIDELINES.—The Administrator of the Federal

21 Aviation Administration shall establish guidelines with re22 spect to the provision and use of automated external

23 defibrillators in terminals at airports.

24 (b) INFORMATION.—The guidelines shall contain in25 formation concerning the following:
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1 (1) The extent to which automated external

2 defibrillators may be operated by lay persons.

3 (2) The number of defibrillators required for

4 airports of different sizes.

5 (3) The appropriate placement of defibrillators

6 at airports, taking into account the security needs of

7 airports and response time for victims.

8 (4) Such other factors as the Administrator de9 termines appropriate.

10 (c) RECOMMENDED PROCEDURES.—The guidelines

11 shall contain recommended procedures for the following:

12 (1) Implementing training programs, in coordi13 nation with appropriate licensed professionals, on

14 the role of cardiopulmonary resuscitation and the

15 use of automated external defibrillators.

16 (2) Proper maintenance and testing of auto17 mated external defibrillators.

18 (3) Ensuring coordination with local emergency

19 medical systems regarding placement, use, and type

20 of automated external defibrillators.

21 (4) Such other areas as the Administrator de22 termines appropriate.

23 (d) PUBLICATION.—Not later than 1 year after the

24 date of enactment of this Act, the Administrator shall

25 publish the guidelines in the Federal Register.
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1 SEC. 4. GOOD SAMARITAN PROTECTIONS REGARDING

2 EMERGENCY USE OF AUTOMATED EXTERNAL

3 DEFIBRILLATORS AT AIRPORTS.

4 (a) PERSONS USING AEDS.—Except as provided by

5 subsection (c), any person who uses an automated external

6 defibrillator device on a victim of a perceived medical

7 emergency at an airport is immune from civil liability for

8 any harm resulting from the use of the device.

9 (b) PERSONS ACQUIRING AEDS.—

10 (1) IN GENERAL.—Except as provided by sub11 section (c), in addition to a person who uses an

12 automated external defibrillator device on a victim of

13 a perceived medical emergency at an airport, any

14 person who acquired the device is immune from civil

15 liability for any harm resulting from the use of the

16 device, if the harm was not due to the failure of the

17 person who acquired the device—

18 (A) to notify local emergency response per19 sonnel or other appropriate entities of the most

20 recent placement of the device within a reason21 able period of time after the device was placed;

22 (B) to properly maintain and test the de23 vice; or

24 (C) except as provided by paragraph (2),

25 to provide appropriate training in the use of the

26 device to an employee or agent of the acquirer
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1 when the employee or agent was the person who

2 used the device on the victim.

3 (2) EXCEPTIONS TO TRAINING REQUIRE4 MENTS.—The requirement of paragraph (1)(C) shall

5 not apply if—

6 (A) the employee or agent who used the

7 device was not an employee or agent who would

8 have been reasonably expected to use the device;

9 or

10 (B) the period of time elapsing between

11 the engagement of the person as an employee or

12 agent and the occurrence of the harm (or be13 tween the acquisition of the device and the oc14 currence of the harm, in any case in which the

15 device was acquired after such engagement of

16 the person) was not a reasonably sufficient pe17 riod in which to provide the training.

18 (c) INAPPLICABILITY OF IMMUNITY.—Immunity

19 under subsection (a) or (b) does not apply to a person

20 if the harm involved was caused by willful or criminal mis21 conduct, gross negligence, reckless misconduct, or a con22 scious, flagrant indifference to the rights or safety of the

23 victim who was harmed.

24 (d) APPLICABILITY OF STATE LAWS.—With respect

25 to a class of persons for which this section provides immu-
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1 nity from civil liability, this section supersedes the law of

2 a State only to the extent that the State has no law or

3 regulation that provides persons in such class with immu4 nity for civil liability arising from the use by such persons

5 of automated external defibrillator devices in emergency

6 situations (within the meaning of the State law or regula7 tion involved).

8 SEC. 5. ELIGIBILITY FOR AIP FUNDING.

9 Section 47102(3)(B) of title 49, United States Code,

10 is amended—

11 (1) by striking ‘‘and’’ at the end of clause (viii);

12 (2) by striking the period at the end of clause

13 (ix) and inserting ‘‘; and’; and

14 (3) by adding at the end the following:

15 ‘‘(x) automatic external defibrillators,

16 as defined in section 6 of the Airport Med17 ical Assistance Act of 2000.’’.

18 SEC. 6. DEFINITIONS.

19 In this Act, the following definitions apply:

20 (1) AIRPORT.—The term ‘‘airport’’ has the

21 meaning given such term in section 40102 of title

22 49, United States Code.

23 (2) AUTOMATED EXTERNAL DEFIBRILLATOR.—

24 The term ‘‘automated external defibrillator’’ means

25 a defibrillator that—
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1 (A) is commercially distributed in accord2 ance with the Federal Food, Drug, and Cos3 metic Act;

4 (B) is capable of recognizing the presence

5 or absence of ventricular fibrillation, and is ca6 pable of determining without intervention by

7 the user of the defibrillator whether

8 defibrillation should be performed;

9 (C) upon determining that defibrillation

10 should be performed, is able to deliver an elec11 trical shock to an individual; and

12 (D) in the case of a defibrillator that may

13 be operated in either an automated or a manual

14 mode, is set to operate in the automated mode.

15 (3) PERCEIVED MEDICAL EMERGENCY.—The

16 term ‘‘perceived medical emergency’’ means cir17 cumstances in which the behavior of an individual

18 leads a reasonable person to believe that the indi19 vidual is experiencing a life-threatening medical con20 dition that requires an immediate medical response

21 regarding the heart or other cardiopulmonary func22 tioning of the individual.

23 (4) PERSON.—The term ‘‘person’’ includes a

24 governmental entity.

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