The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“AVIATION MEDICAL ASSISTANCE ACT OF 1998” mentioning the U.S. Dept. of Transportation was published in the House of Representatives section on pages H1403-H1406 on March 24, 1998.
The publication is reproduced in full below:
AVIATION MEDICAL ASSISTANCE ACT OF 1998
Mr. DUNCAN. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2843) 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, as amended.
The Clerk read as follows:
H.R. 2843
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 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 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 available 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.
(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 passenger 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 automatic 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 rulemaking.
(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 maximum 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 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 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 Federal Regulations; 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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Tennessee (Mr. Duncan) and the gentleman from Illinois (Mr. Lipinski) each will control 20 minutes.
The Chair recognizes the gentleman from Tennessee (Mr. Duncan).
Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Subcommittee on Aviation and the full Committee on Transportation and Infrastructure unanimously approved the Aviation Medical Assistance Act, H.R. 2843, on March 5 and March 11 respectively. Medical equipment aboard commercial aircraft have not been reviewed in over 13 years, until the Subcommittee on Aviation held a hearing last year. We heard from several expert witnesses in aviation medical equipment, including the FAA air surgeon, Dr. Jon Jordan, Dr. Russell Rayman from the Aerospace Medical Association, Dr. David McKenas from American Airlines, and several other well informed and knowledgeable witnesses. We heard very dramatic and moving testimony from family members who had loved ones who had died after experiencing medical problems during plane trips.
From this testimony we basically heard three overriding things: One, we need to improve our medical equipment on aircraft; two, there is no reliable data on the number of in-flight medical emergencies; and three, a Good Samaritan provision should be incorporated into any bill.
Before I go on, let me say that I am very encouraged by the increasing number of U.S. airlines that have voluntarily placed or have begun to place defibrillators and other improved medical equipment on board their aircraft. American Airlines, Delta, United, Alaska Air and American Trans Air should all be commended for their efforts to provide passengers with the best possible care and the best medical equipment available. In fact, it is my understanding that these defibrillators have already saved the lives of at least two passengers just within the last few months.
And I should point out that in 1997, 640 million people flew in the United States, and the FAA predicts that almost 1 billion passengers will fly commercially in the United States by the year 2007.
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These enormous increases in passenger traffic will almost undoubtedly lead to an increase in the number of in-flight medical emergencies. There are those who prefer to see these defibrillators mandated by the FAA. I must admit that we gave this some thought, mainly because the American Heart Association tells us that more than 1,000 Americans suffer from sudden cardiac arrest each day, and this is bound to increase with the aging of the American population.
We went back and reviewed testimony from our witnesses who expressed concerns about the lack of reliable data on medical emergencies and a concern about what sizes or types of aircraft could accommodate these medical devices.
So this is basically why we are here today with H.R. 2843, which I have sometimes referred to as the Good Samaritan in the Skies bill.
H.R. 2843 has four components. First, it requires the FAA, not later than 1 year after enactment of the bill, to reevaluate regulations regarding the equipment required to be carried in medical kits and first-aid training, medical emergency training required by flight attendants.
Secondly, it requires air carriers to submit reports to the FAA on the number of deaths on board aircraft, age of the person, and whether or not the aircraft was diverted as a result of the death or incident.
Third, it also requires the FAA, based upon data gathered over the year period, to determine whether or not automatic external defibrillators should be required on commercial passenger airplanes and at airports.
Fourth, and finally, and I think very importantly, the bill limits liability for an air carrier, should the flight attendant or crew in good faith believe that the passenger rendering assistance is a medically qualified individual such as a doctor, nurse, or paramedic.
It also limits liability for the passenger rendering assistance unless he or she is found guilty of gross negligence or willful misconduct.
This legislation will enable the needed information to be properly gathered and analyzed so that the FAA can make a proper and informed decision on what types of additional equipment should be required for air passenger carriers.
This is a good bill, Mr. Speaker, that every Member of the House can support. And I urge its passage.
Lastly, I want to thank my good friend, the gentleman from Illinois
(Mr. Lipinski), the ranking member of the Subcommittee on Aviation. He is truly a man with a good and kind heart. He really tries to help people.
I have heard it said, and I believe it to be true, that no committee or subcommittee in this Congress has a chairman and ranking member who get along and work together better than the gentleman from Illinois and I do. I thank him for his support on this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. LIPINSKI. Mr. Speaker, I yield myself the amount of time I may consume.
Mr. Speaker, first of all, I want to thank the gentleman from Tennessee (Mr. Duncan) for introducing such an important bill. After our excellent Subcommittee on Aviation hearing on this issue last session, it was obvious that something needed to be done to address the increasing number of medical emergencies in the sky. I am proud to be an original cosponsor of H.R. 2843, the Aviation Medical Assistance Act.
The number of airline passengers traveling both domestically and internationally is growing by leaps and bounds each year. As more people fly, and fly longer distances, there is a greater chance of serious medical emergencies occurring during flight.
Unfortunately, because the Federal Aviation Administration does not require airlines to report the number of in-flight medical emergencies, we can only make an educated guess that the number of medical emergencies has increased each year with the number of airline passengers.
Fortunately, the Aviation Medical Assistance Act will require major airlines to report their on-board medical incidents to the FAA. This reporting requirement will provide data on the number and types of in-
flight medical emergencies.
This data can then be used to determine exactly what the major airlines need to have on board to help prevent the most common types of in-flight medical emergencies. Without this data provided by this reporting requirement, the airlines and the FAA would have to continue to guess about how to best prevent an in-flight medical tragedy.
H.R. 2843 also directs the FAA to use the in-flight medical incident data reported by the airlines to determine whether to require defibrillators aboard aircraft and, if so, what type of aircraft.
Recent technology improvements have made defibrillators portable, compact, and easy to use. In fact, at the Subcommittee on Aviation hearing last May, we saw the new smaller defibrillator, and it is amazing how easy this lifesaving device is to use.
Several major air carriers have already agreed to voluntarily place defibrillators on their aircraft. I want to commend American Airlines, Delta Airlines, United, and Alaskan Airlines for voluntarily taking this step forward in passenger safety.
I believe that the FAA will quickly see from the in-flight medical data that defibrillators are lifesaving devices that should be required on all major carriers and at all major airports. Hopefully, the FAA will act quickly and make a decision to require defibrillators on all major carriers in the near future.
Finally, the bill includes a Good Samaritan provision. This provision would protect from legal liability the Good Samaritan, such as the doctor on board the flight who volunteers to help in a medical emergency.
When a medical emergency happens during flight, the flight crew must often rely on the help of passengers who are medical professionals. Unfortunately, many doctors on board are often weary of volunteering their services for fear of being sued.
This Good Samaritan provision protects passengers who volunteer to help, unless, of course, they are grossly negligent or engaged in willful misconduct. The Good Samaritan provision also generally protects the airlines from legal liability for the actions of their passengers.
When passengers get on a plane, they assume that they will be safe. H.R. 2843, the Aviation Medical Assistance Act, will make sure that all passengers are safe when they board a plane. H.R. 2843 will help ensure that in-flight medical emergencies do not become in-flight medical tragedies.
Again, I am a proud cosponsor of this bill, and I want to urge all of my colleagues to vote yes on this very important piece of legislation.
Mr. Speaker, I yield as much time as she may consume to the young gentlewoman from Connecticut (Mrs. Kennelly).
Mrs. KENNELLY of Connecticut. Mr. Speaker, I thank the gentleman from Illinois for that compliment.
Mr. Speaker, I rise today in support of this legislation which will provide American air travelers with a vital margin of safety that they need so much.
It was not that long ago, a little over a year ago, that I was traveling on a plane one evening, and a gentleman came down the aisle and he fell face forward and was unconscious. It did not seem it was my imagination, but it seemed that the flight attendants were going in opposite directions. Then a call was put out for a doctor on the plane.
There was no doctor on the plane, unfortunately. But, fortunately, there was a nurse on the plane, and she came to the assistance of the passenger. At one point, she called for the first-aid box. The box came, she opened it, and there were just a few bandages in it and something that looked like something for a toothache, and very little else. She found nothing that could help her in her assistance at that time.
It was shortly after this, Mr. Speaker, that I introduced legislation to require airlines to carry automatic electronic defibrillators on all flights. This legislation was prompted by a visit from one of my constituents, Mrs. Lynn Talit, who came to see me in Washington shortly after this occasion that happened to me on an airline, to tell me that her husband had suffered a heart attack during a flight.
The facts were devastating, and I felt very badly for Mrs. Talit. She told me her husband had died. She had a terrible time finding information about exactly when he had died, what were the circumstances after his death, what had occurred during the illness. And yet she was a very brave woman and she persevered to find out all this information. Then she felt that she really should help others who had loved ones who suffer heart attacks on an air flight.
Since then, of course, we have learned that this experience is one that happens to others. In fact, newspapers, since this problem has come to light, have chronicled both a sudden death of a young woman aboard a plane not long ago and the use of an AED to save another passenger's life.
So now that we have highlighted the situation that people do, in fact, have heart attacks on planes, as they have heart attacks everywhere else, and that if we have an automatic defibrillator on the plane, it could save a passenger's life.
This constituent of mine had the good fortunate to go see the gentleman from Tennessee (Mr. Duncan) and told her story to him. He was marvelous about making it possible to have a hearing on this situation of people becoming ill on airlines, and the fact that if an automatic defibrillator is available lives can be saved.
Chairman Duncan held a hearing and my constituent was able to testify at that hearing, and I think now we have evidence to justify requiring AEDs on all flights.
This bill that the gentleman from Tennessee (Mr. Duncan) and the gentleman from Illinois (Mr. Lipinski) have brought forth will move this decision in the right direction by giving FAA 1 year to make the decision. In other words, the added margin of safety passengers deserve may be only a year away.
What I am saying today is that I think we have a situation where we should have an automatic electronic defibrillator on every flight. American Airlines actually has said that they intend to do this. Other airlines are coming to this practical decision.
But in the meantime, this study that the gentleman from Tennessee
(Mr. Duncan) and the gentleman from Illinois (Mr. Lipinski) is bringing forth will make it possible for us to address the whole idea of health and safety on airlines, making sure that first-aid box has in it what is necessary to assist passengers.
By the way, we have come a long way, probably as has been mentioned before on the floor, that airline attendants, beginning after World War I, when we first had airline attendants, were required to have nurse's training. We have gone all the way from having nurse's training as a requirement to having a sick person sick on a plane without an adequate first aid box. We can understand why the airline attendants are concerned when a passenger becomes ill because they do not have the training to take care of a sick passenger, and they know it.
All of us in this room travel by air quite often, and if we are sick we certainly hope that there is a doctor on board, but more importantly, we hope there is trained personnel to help us till the plane lands.
I hope in the name of my constituent that an automatic electric defibrillator gets on every plane so that, in fact, if there is a serious heart attack, if, in fact, there is heart failure, every individual will have a chance to have the necessary help available to save his or her life. It makes good sense to have automatic electronic defibrillators on all planes. Thank you Mr. Speaker.
Mr. LIPINSKI. Mr. Speaker, I yield myself as much time as I may consume to close for our side.
I simply want to say this is really a very important piece of legislation and a piece of legislation that will help make the skies much safer than they are at the present time.
I want to compliment the gentleman from Tennessee (Mr. Duncan), chairman of the Subcommittee on Aviation. As usual, he has been enormously generous in sharing the credit on this bill with everybody else on the subcommittee. His usual cooperation has once again been there. It is a pleasure and a great opportunity, really, for me to continue to work with him on the Subcommittee on Aviation.
Mr. Speaker, I yield back the balance of our time.
Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to close by once again thanking the gentleman from Illinois (Mr. Lipinski), but also I want to thank the gentlewoman from Connecticut (Mrs. Kennelly), who is a cosponsor of this legislation.
I mentioned in my statement a few minutes ago the very moving and dramatic testimony that we heard from two family members, one of whom was her constituent. I can tell my colleagues that I do not believe we would be as far along on this legislation today, where we are at this moment, if it was not for the gentlewoman from Connecticut (Mrs. Kennelly). And I appreciate her work.
This is a good bill. This bill is going to lead to better medical equipment on airlines throughout this Nation. It is going to lead to better medical training for airline personnel. It is going to lead to the first ever Good Samaritan law in the skies so that passengers who have medical training can provide much-needed assistance during medical emergencies.
When we add all of those things together, I think this is very important legislation. It is very good legislation. It is legislation that all Members of this Congress can point to with pride and support enthusiastically.
Mr. OBERSTAR. Mr. Speaker, I support H.R. 2843, the Aviation Medical Assistance Act, and I urge our colleagues to vote for it today. I commend Chairman Duncan and Congressman Lipinski for working closely together in a nonpartisan fashion to develop a bill that was reported out of the Committee with no dissenting votes.
Other speakers have done a good job of explaining the legislation. This bill will move us along the road to an industry standard that will require the carriage of heart defibrillator equipment on airliners.
I firmly believe that if there is safety technology available and some in the industry are utilizing it to good benefit, then there is little reason not to require all of the industry to take similar steps. The traveling public expects that when they board an airliner that there will be equivalent levels of safety.
I want to strongly commend those airlines, Delta, American, Alaska, and United, for recognizing the need, being forward-thinking enough to recognize new developments in medical technology, and taking the initiative to carry defibrillators without waiting for the government to require them. It is because of these sorts of steps that these particular airlines are widely recognized and appreciated as leaders in aviation safety.
This bill, if enacted this year, will likely lead us to a rule about two years from now, requiring defibrillators on airline aircraft. Given the fact that the three largest carriers and Alaska Airlines are already instituting programs for this life-saving equipment, I believe that the rest of the industry and the Federal Aviation Administration need not and should not take all of this time to decide that all aircraft be equipped.
In the area of liability, this bill takes a very reasoned and narrow approach in protecting airlines from liability. An airline will not be liable for its selection of a passenger to use the defibrillator equipment, if the airline, in good faith, believed that the person was qualified to use the equipment. Other than that, the airline's liability remains the same as it is today.
The bill also provides ``Good Samaritan'' protections for the individual using the equipment, so long as they are not grossly negligent or engaged in willful misconduct.
Again, Mr. Speaker, I urge an ``aye'' vote on this bill.
Mr. DUNCAN. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the gentleman from Tennessee (Mr. Duncan) that the House suspend the rules and pass the bill, H.R. 2843, as amended.
The question was taken; and (two-thirds having voted in favor thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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