for which this section would not provide such 
immunity. 
‘‘(C) This section does not waive any pro-
tection from liability for Federal officers or em-
ployees under— 
‘‘(i) section 233 of this title; or 
‘‘(ii) sections 1346(b), 2672, and 
2679 of title 28, United States Code, or 
under alternative benefits provided by the 
United States where the availability of 
such benefits precludes a remedy under 
section 1346(b) of such title 28. 
‘‘(2) CIVIL ACTIONS UNDER FEDERAL LAW.— 
‘‘(A) IN
GENERAL.—The applicability of 
subsections (a), (b), (c), (d), and (e) includes 
applicability to any action for civil liability de-
scribed in subsection (a), (b), or (c) that arises 
under Federal law. 
‘‘(B) FEDERAL
AREAS
ADOPTING
STATE 
LAW.—If a geographic area is under Federal 
jurisdiction and is located within a State but 
out of the jurisdiction of the State, and if, pur-
suant to Federal law, the law of the State ap-
plies in such area regarding matters for which 
there is no applicable Federal law, then an ac-
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tion for civil liability described in subsection 
(a), (b), or (c) that in such area arises under 
the law of the State is subject to subsections 
(a) through (f) in lieu of any related State law 
that would apply in such area in the absence of 
this subparagraph. 
‘‘(g) FEDERAL JURISDICTION.— 
‘‘(1) In any civil action arising under State law, 
the courts of the State involved have jurisdiction to 
apply the provisions of this section. 
‘‘(2) The actual, asserted, or potential applica-
tion of any provision of this section in any civil ac-
tion or as to any civil claim shall not establish the 
original jurisdiction of the Federal courts over such 
action or claim under section 1331 of title 28, 
United States Code. 
‘‘(h) DEFINITIONS.— 
‘‘(1) PERCEIVED
MEDICAL
EMERGENCY.—For 
purposes of this section, the term ‘perceived medical 
emergency’ means circumstances in which the behav-
ior of an individual leads a reasonable person to be-
lieve that the individual is experiencing a life-threat-
ening medical condition that requires an immediate 
medical response regarding the heart or other 
cardiopulmonary functioning of the individual. 
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‘‘(2) OTHER
DEFINITIONS.—For purposes of 
this section: 
‘‘(A) The term ‘automated external defi-
brillator device’ or ‘AED’ means a defibrillator 
device that— 
‘‘(i) is commercially distributed in ac-
cordance with the Federal Food, Drug, 
and Cosmetic Act; 
‘‘(ii) is capable of recognizing the 
presence or absence of ventricular fibrilla-
tion, and is capable of determining without 
intervention by the user of the device 
whether defibrillation should be performed; 
‘‘(iii) upon determining that defibrilla-
tion should be performed, is able to deliver 
an electrical shock to an individual; and 
‘‘(iv) in the case of a defibrillator de-
vice that may be operated in either an 
automated or a manual mode, is set to op-
erate in the automated mode. 
‘‘(B) The term ‘cautionary signage’ means, 
with respect to an AED, any verbal or non- 
verbal markings or language purporting to limit 
use of the AED by members of the general pub-
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lic or to permit use of the AED only by persons 
with specific skills, qualifications, or training. 
‘‘(C)(i) The term ‘harm’ includes physical, 
nonphysical, economic, and noneconomic losses. 
‘‘(ii) The term ‘economic loss’ means any 
pecuniary loss resulting from harm (including 
the loss of earnings or other benefits related to 
employment, medical expense loss, replacement 
services loss, loss due to death, burial costs, and 
loss of business or employment opportunities) 
to the extent recovery for such loss is allowed 
under applicable State law. 
‘‘(iii) The term ‘noneconomic losses’ means 
losses for physical and emotional pain, suf-
fering, 
inconvenience, 
physical 
impairment, 
mental anguish, disfigurement, loss of enjoy-
ment of life, loss of society and companionship, 
loss of consortium (other than loss of domestic 
service), hedonic damages, injury to reputation 
and all other nonpecuniary losses of any kind or 
nature.’’. 
Æ 
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