(5) Whether or not the aircraft was diverted as
a result of the death or incident.
(6) Such other information as the Adminis-
trator 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.
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 auto-
matic external defibrillators on aircraft operated by air
carriers and whether or not to require automatic external
defibrillators at airports.
(b) FORM OF DECISION.—A decision under this sec-
tion shall be in the form of a notice of proposed rule-
making requiring automatic external defibrillators in air-
ports or on 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.
(c) CONTENTS.—If the Administrator decides that
automatic external defibrillators should be required—
(1) on aircraft operated by air carriers, the pro-
posed 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 medica-
tion that should be required to be carried in the
aircraft medical kit; and
(2) at airports, the proposed rulemaking or rec-
ommendation 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 medica-
tion that should be required at the airport.
(d) LIMITATION.—The Administrator may not re-
quire 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.
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 emer-
gency, or out of the acts or omissions of the passenger
rendering the assistance, if the carrier in good faith be-
lieves that the passenger is a medically qualified individ-
ual.
(b) LIABILITY OF INDIVIDUALS.—An individual shall
not be liable for damages in any action brought in a Fed-
eral or State court arising out of the acts or omissions
of the individual in providing or attempting to provide as-
sistance in the case of an in-flight medical emergency un-
less 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’’, ‘‘air-
port’’, ‘‘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 Fed-
eral Regulations; and
(3) the term ‘‘medically qualified individual’’ in-
cludes any person who is licensed, certified, or other-
wise qualified to provide medical care in a State, in-
cluding an ambulance attendant.
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