H. R. 2843
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
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.
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 regula-
tions.
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 avail-
able 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.
H. R. 2843—2
(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 pas-
senger 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 auto-
matic 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 rule-
making.
(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 maxi-
mum 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
H. R. 2843—3
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 certifi-
cated 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 Regula-
tions; 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.