Union Calendar No. 262
105TH CONGRESS
2D SESSION
H. R. 2843
[Report No. 105–456]
A BILL
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.
MARCH 20, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 262
105TH CONGRESS
2D SESSION
H. R. 2843
[Report No. 105–456]
To direct the Administrator of the Federal Aviation Administration to reevalu-
ate 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.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 6, 1997
Mr. DUNCAN (for himself, Mrs. KENNELLY of Connecticut, Mr. LIPINSKI, Mr.
FOX of Pennsylvania, and Mr. BLUNT) introduced the following bill;
which was referred to the Committee on Transportation and Infrastruc-
ture
MARCH 20, 1998
Additional sponsor: Mr. COOKSEY
MARCH 20, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on November 6, 1997]
A BILL
To direct the Administrator of the Federal Aviation Adminis-
tration to reevaluate the equipment in medical kits car-
ried 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Aviation Medical Assist-
ance 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 Ad-
ministration 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 no-
tice of proposed rulemaking to modify such regulations.
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 Adminis-
trator of the Federal Aviation Administration on, the fol-
lowing:
(1) The number of persons who died on aircraft
of the air carrier, including any person who was de-
clared 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 available at the time such person died on the
aircraft or is removed from the aircraft or that subse-
quently 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.
(b) FORMAT.—The Administrator may specify a for-
mat 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 Ad-
ministrator of the Federal Aviation Administration shall
make a decision on whether or not to require automatic ex-
ternal defibrillators on aircraft operated by passenger 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 re-
quiring automatic external defibrillators in airports or on
aircraft operated by air passenger 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 pro-
posed rulemaking.
(c) CONTENTS.—If the Administrator decides that
automatic external defibrillators should be required—
(1) on aircraft operated by passenger air car-
riers, 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 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 require
automatic external defibrillators on helicopters and on air-
craft with a maximum payload capacity (as defined in sec-
tion 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 air-
ports, 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 as-
sistance of a passenger in an in-flight medical emergency,
or out of the acts or omissions of the passenger rendering
the assistance, if the carrier in good faith believes that the
passenger is a medically qualified individual and not an
employee or agent of the carrier.
(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 assist-
ance 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’’, ‘‘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 per-
cent 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 re-
ported 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’’ in-
cludes any person who is licensed, certified, or other-
wise qualified to provide medical care in a State, in-
cluding a physician, nurse, physician assistant, para-
medic, and emergency medical technician.