text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Cardiac Arrest Survival Act of 
  2015''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) Establishing a nationally uniform baseline of 
          protection from civil liability for persons who use automated 
          external defibrillators (in this section referred to as 
          ``AEDs'') in perceived medical emergencies, who own or hold 
          other property interests in AEDs used in perceived medical 
          emergencies, or who own, occupy, or manage premises in which an 
          AED is used or from which an AED is taken for use in a 
          perceived medical emergency will encourage the deployment of 
          additional AEDs, which will ultimately save lives that would 
          otherwise have been lost to cardiac arrest.
              (2) The current patchwork of State ``Good Samaritan'' laws 
          provides incomplete, inconsistent, and, in some instances, 
          inadequate protection for entities considering the acquisition 
          or deployment of AEDs. In these circumstances, concerns about 
          potential liability resulting from the good-faith acquisition 
          and deployment of this life-saving technology are inhibiting 
          its deployment.
              (3) Such concerns are especially acute for entities with 
          operations or facilities in multiple States, yet such entities 
          are also among those in which the widespread deployment of AEDs 
          would be most beneficial.
              (4) A nationally uniform baseline of protection from civil 
          liability is needed for persons who use AEDs in perceived 
          medical emergencies, who own or hold other property interests 
          in AEDs used in perceived medical emergencies, or who own, 
          occupy, or manage premises in which an AED is used or from 
          which an AED is taken for use in a perceived medical emergency.
  
  SEC. 3. LIABILITY REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL 
                DEFIBRILLATORS.
  
      Section 248 of the Public Health Service Act (42 U.S.C. 238q) is 
  amended to read as follows:
  
  ``SEC. 248. LIABILITY REGARDING EMERGENCY USE OF AUTOMATED EXTERNAL 
                DEFIBRILLATORS.
  
      ``(a) Good Samaritan Protections.--Except as provided in subsection 
  (e), in the case of a person who--
              ``(1) uses or attempts to use an automated external 
          defibrillator device on a victim of a perceived medical 
          emergency, and
              ``(2) is not the owner-acquirer (as defined in subsection 
          (c)(2)) of the device,
  such person is immune from civil liability for any harm resulting from 
  the use or attempted use of such device by such person.
      ``(b) Premises Owner/Lessee/Manager Protections.--Except as 
  provided in subsection (e), in the case of a person who--
              ``(1) owns, occupies under a lease or similar arrangement, 
          or manages--
                      ``(A) the premises at which an automated external 
                  defibrillator device is used or attempted to be used on 
                  a victim of a perceived medical emergency, or
                      ``(B) the premises from which an automated external 
                  defibrillator device used or attempted to be used on a 
                  victim of a perceived medical emergency is taken for 
                  such use, and
              ``(2) is not the owner-acquirer of such device,
  such person is immune from civil liability for any harm resulting from 
  such use or attempted use of such device.
      ``(c) Device Owner-Acquirer Protections.--
              ``(1) In general.--Except as provided in subsection (e), an 
          owner-acquirer of an AED is immune from civil liability for any 
          harm resulting from the use or attempted use of such device, 
          unless the harm was proximately caused by the failure of the 
          owner-acquirer to properly maintain the device according to the 
          guidelines of the device manufacturer.
              ``(2) Owner-acquirer defined.--For purposes of this 
          section, the term `owner-acquirer' means any person who owns or 
          has otherwise acquired a possessory property interest in an AED 
          that is used or attempted to be used on a victim of a perceived 
          medical emergency.
      ``(d) Applicability of Immunity in Certain Circumstances.--The 
  immunity provided by subsections (a), (b), and (c) of this section 
  shall apply regardless of whether--
              ``(1) the AED that is used or attempted to be used is 
          marked with or accompanied by cautionary signage;
              ``(2) the AED that is used or attempted to be used is 
          registered with any government;
              ``(3) the person who used or attempted to use the AED saw, 
          read, understood, complied with, or attempted to comply with 
          any cautionary signage present;
              ``(4) the person who used or attempted to use the AED had 
          received any training relating to the use of (a) AEDs in 
          general or (b) the particular AED used or attempted to be used; 
          or
              ``(5) the person who used or attempted to use the AED was 
          assisted or supervised by any other person, including but not 
          limited to a licensed physician.
      ``(e) Inapplicability of Immunity in Certain Circumstances.--
  Notwithstanding anything to the contrary in subsection (d) of this 
  section, immunity under subsection (a), (b), or (c)(1) does not apply 
  to a person if--
              ``(1) such person's willful or criminal misconduct, gross 
          negligence, reckless misconduct, or a conscious, flagrant 
          indifference to the rights or safety of the victim proximately 
          caused the harm involved;
              ``(2) such person is a licensed or certified health 
          professional who used the automated external defibrillator 
          device while acting within the scope of the license or 
          certification of the professional and within the scope of the 
          employment or agency of the professional;
              ``(3) such person is a hospital, clinic, or other entity 
          whose purpose is providing health care directly to patients, 
          and the harm was caused by an employee or agent of the entity 
          who used the device while acting within the scope of the 
          employment or agency of the employee or agent; or
              ``(4) such person is an owner-acquirer of the device who 
          leased the device to a health care entity (or who otherwise 
          provided the device to such entity for compensation without 
          selling the device to the entity), and the harm was caused by 
          an employee or agent of the entity who used the device while 
          acting within the scope of the employment or agency of the 
          employee or agent.
      ``(f) Rules of Construction.--
              ``(1) In general.--The following apply with respect to this 
          section:
                      ``(A) This section does not establish any cause of 
                  action, or require that an automated external 
                  defibrillator device be placed at any building or other 
                  location. This section does not preempt any State law 
                  requiring that an automated external defibrillator be 
                  placed at any building or other location.
                      ``(B) With respect to the class of persons for 
                  which this section provides immunity from civil 
                  liability, this section preempts the law of any State 
                  to the extent that the otherwise-applicable State law 
                  would allow for civil liability in any circumstance 
                  where this section would provide immunity from civil 
                  liability. This section does not preempt any State law 
                  providing immunity from civil liability in any 
                  circumstance for which this section would not provide 
                  such immunity.
                      ``(C) This section does not waive any protection 
                  from liability for Federal officers or employees 
                  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 described 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, pursuant to Federal law, the law of 
                  the State applies in such area regarding matters for 
                  which there is no applicable Federal law, then an 
                  action 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 application of any 
          provision of this section in any civil action 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 behavior of an individual leads a 
          reasonable person to believe that the individual is 
          experiencing a life-threatening medical condition that requires 
          an immediate medical response regarding the heart or other 
          cardiopulmonary functioning of the individual.
              ``(2) Other definitions.--For purposes of this section:
                      ``(A) The term `automated external defibrillator 
                  device' or `AED' means a defibrillator device that--
                              ``(i) is commercially distributed in 
                          accordance with the Federal Food, Drug, and 
                          Cosmetic Act;
                              ``(ii) is capable of recognizing the 
                          presence or absence of ventricular 
                          fibrillation, and is capable of determining 
                          without intervention by the user of the device 
                          whether defibrillation should be performed;
                              ``(iii) upon determining that 
                          defibrillation should be performed, is able to 
                          deliver an electrical shock to an individual; 
                          and
                              ``(iv) in the case of a defibrillator 
                          device that may be operated in either an 
                          automated or a manual mode, is set to operate 
                          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 public 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, suffering, 
                  inconvenience, physical impairment, mental anguish, 
                  disfigurement, loss of enjoyment 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.''.
target: Cardiac Arrest Survival Act of 2015 This bill amends the Public Health Service Act to expand immunity from civil liability related to automated external defibrillator devices (AEDs), including by giving immunity to: (1) a person who owns, occupies, or manages the premises from which an AED is taken or at which an AED is used; and (2) the owner of an AED for any harm resulting from the use of the AED, unless the harm was caused by the failure of the owner to properly maintain the AED. This immunity applies regardless of whether: (1) the AED is marked with cautionary signage or registered with any government; or (2) the person who used the AED complied with signage, had received training on use of the AED, or was assisted or supervised, including by a licensed physician.
feat_title: Cardiac Arrest Survival Act of 2015