107TH CONGRESS

2D SESSION S. 1275

AN ACT

To amend the Public Health Service Act to provide grants

for public access defibrillation programs and public access defibrillation demonstration projects, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Community Access to

5 Emergency Defibrillation Act of 2002’’.
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1 SEC. 2. FINDINGS.

2 Congress makes the following findings:

3 (1) Over 220,000 Americans die each year from

4 cardiac arrest. Every 2 minutes, an individual goes

5 into cardiac arrest in the United States.

6 (2) The chance of successfully returning to a

7 normal heart rhythm diminishes by 10 percent each

8 minute following sudden cardiac arrest.

9 (3) Eighty percent of cardiac arrests are caused

10 by ventricular fibrillation, for which defibrillation is

11 the only effective treatment.

12 (4) Sixty percent of all cardiac arrests occur

13 outside the hospital. The average national survival

14 rate for out-of-hospital cardiac arrest is only 5 per15 cent.

16 (5) Communities that have established and im17 plemented public access defibrillation programs have

18 achieved average survival rates for out-of-hospital

19 cardiac arrest as high as 50 percent.

20 (6) According to the American Heart Associa21 tion, wide use of defibrillators could save as many as

22 50,000 lives nationally each year.

23 (7) Successful public access defibrillation pro24 grams ensure that cardiac arrest victims have access

25 to early 911 notification, early cardiopulmonary re-
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1 suscitation, early defibrillation, and early advanced

2 care.

3 SEC. 3. PUBLIC ACCESS DEFIBRILLATION PROGRAMS AND

4 PROJECTS.

5 Part B of title III of the Public Health Service Act

6 (42 U.S.C. 243 et seq.), as amended by Public Law 106–

7 310, is amended by adding after section 311 the following:

8 ‘‘SEC. 312. PUBLIC ACCESS DEFIBRILLATION PROGRAMS.

9 ‘‘(a) IN GENERAL.—The Secretary shall award

10 grants to States, political subdivisions of States, Indian

11 tribes, and tribal organizations to develop and implement

12 public access defibrillation programs—

13 ‘‘(1) by training and equipping local emergency

14 medical services personnel, including firefighters, po15 lice officers, paramedics, emergency medical techni16 cians, and other first responders, to administer im17 mediate care, including cardiopulmonary resuscita18 tion and automated external defibrillation, to cardiac

19 arrest victims;

20 ‘‘(2) by purchasing automated external

21 defibrillators, placing the defibrillators in public

22 places where cardiac arrests are likely to occur, and

23 training personnel in such places to administer

24 cardiopulmonary resuscitation and automated exter25 nal defibrillation to cardiac arrest victims;
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1 ‘‘(3) by setting procedures for proper mainte2 nance and testing of such devices, according to the

3 guidelines of the manufacturers of the devices;

4 ‘‘(4) by providing training to members of the

5 public in cardiopulmonary resuscitation and auto6 mated external defibrillation;

7 ‘‘(5) by integrating the emergency medical serv8 ices system with the public access defibrillation pro9 grams so that emergency medical services personnel,

10 including dispatchers, are informed about the loca11 tion of automated external defibrillators in their

12 community; and

13 ‘‘(6) by encouraging private companies, includ14 ing small businesses, to purchase automated external

15 defibrillators and provide training for their employ16 ees to administer cardiopulmonary resuscitation and

17 external automated defibrillation to cardiac arrest

18 victims in their community.

19 ‘‘(b) PREFERENCE.—In awarding grants under sub20 section (a), the Secretary shall give a preference to a

21 State, political subdivision of a State, Indian tribe, or trib22 al organization that—

23 ‘‘(1) has a particularly low local survival rate

24 for cardiac arrests, or a particularly low local re25 sponse rate for cardiac arrest victims; or
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1 ‘‘(2) demonstrates in its application the great2 est commitment to establishing and maintaining a

3 public access defibrillation program.

4 ‘‘(c) USE OF FUNDS.—A State, political subdivision

5 of a State, Indian tribe, or tribal organization that receives

6 a grant under subsection (a) may use funds received

7 through such grant to—

8 ‘‘(1) purchase automated external defibrillators

9 that have been approved, or cleared for marketing,

10 by the Food and Drug Administration;

11 ‘‘(2) provide automated external defibrillation

12 and basic life support training in automated external

13 defibrillator usage through nationally recognized

14 courses;

15 ‘‘(3) provide information to community mem16 bers about the public access defibrillation program

17 to be funded with the grant;

18 ‘‘(4) provide information to the local emergency

19 medical services system regarding the placement of

20 automated external defibrillators in public places;

21 ‘‘(5) produce such materials as may be nec22 essary to encourage private companies, including

23 small businesses, to purchase automated external

24 defibrillators; and
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1 ‘‘(6) carry out other activities that the Sec2 retary determines are necessary or useful to pursue

3 the purposes of this section.

4 ‘‘(d) APPLICATION.—

5 ‘‘(1) IN GENERAL.—To be eligible to receive a

6 grant under subsection (a), a State, political subdivi7 sion of a State, Indian tribe, or tribal organization

8 shall prepare and submit an application to the Sec9 retary at such time, in such manner, and containing

10 such information as the Secretary may reasonably

11 require.

12 ‘‘(2) CONTENTS.—An application submitted

13 under paragraph (1) shall—

14 ‘‘(A) describe the comprehensive public ac15 cess defibrillation program to be funded with

16 the grant and demonstrate how such program

17 would make automated external defibrillation

18 accessible and available to cardiac arrest vic19 tims in the community;

20 ‘‘(B) contain procedures for implementing

21 appropriate nationally recognized training

22 courses in performing cardiopulmonary resus23 citation and the use of automated external

24 defibrillators;
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1 ‘‘(C) contain procedures for ensuring direct

2 involvement of a licensed medical professional

3 and coordination with the local emergency med4 ical services system in the oversight of training

5 and notification of incidents of the use of the

6 automated external defibrillators;

7 ‘‘(D) contain procedures for proper main8 tenance and testing of the automated external

9 defibrillators, according to the labeling of the

10 manufacturer;

11 ‘‘(E) contain procedures for ensuring noti12 fication of local emergency medical services sys13 tem personnel, including dispatchers, of the lo14 cation and type of devices used in the public ac15 cess defibrillation program; and

16 ‘‘(F) provide for the collection of data re17 garding the effectiveness of the public access

18 defibrillation program to be funded with the

19 grant in affecting the out-of-hospital cardiac ar20 rest survival rate.

21 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

22 is authorized to be appropriated to carry out this section

23 $50,000,000 for each of fiscal years 2002 through 2007.

24 Not more than 10 percent of amounts received under a
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1 grant awarded under this section may be used for adminis2 trative expenses.

3 ‘‘SEC. 313. PUBLIC ACCESS DEFIBRILLATION DEMONSTRA4 TION PROJECTS.

5 ‘‘(a) IN GENERAL.—The Secretary shall award

6 grants to political subdivisions of States, Indian tribes,

7 and tribal organizations to develop and implement innova8 tive, comprehensive, community-based public access

9 defibrillation demonstration projects that—

10 ‘‘(1) provide cardiopulmonary resuscitation and

11 automated external defibrillation to cardiac arrest

12 victims in unique settings;

13 ‘‘(2) provide training to community members in

14 cardiopulmonary resuscitation and automated exter15 nal defibrillation; and

16 ‘‘(3) maximize community access to automated

17 external defibrillators.

18 ‘‘(b) USE OF FUNDS.—A recipient of a grant under

19 subsection (a) shall use the funds provided through the

20 grant to—

21 ‘‘(1) purchase automated external defibrillators

22 that have been approved, or cleared for marketing,

23 by the Food and Drug Administration;
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1 ‘‘(2) provide basic life training in automated ex2 ternal defibrillator usage through nationally recog3 nized courses;

4 ‘‘(3) provide information to community mem5 bers about the public access defibrillation dem6 onstration project to be funded with the grant;

7 ‘‘(4) provide information to the local emergency

8 medical services system regarding the placement of

9 automated external defibrillators in the unique set10 tings; and

11 ‘‘(5) carry out other activities that the Sec12 retary determines are necessary or useful to pursue

13 the purposes of this section.

14 ‘‘(c) APPLICATION.—

15 ‘‘(1) IN GENERAL.—To be eligible to receive a

16 grant under subsection (a), a political subdivision of

17 a State, Indian tribe, or tribal organization shall

18 prepare and submit an application to the Secretary

19 at such time, in such manner, and containing such

20 information as the Secretary may reasonably re21 quire.

22 ‘‘(2) CONTENTS.—An application submitted

23 under paragraph (1) may—

24 ‘‘(A) describe the innovative, comprehen25 sive, community-based public access
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1 defibrillation demonstration project to be fund2 ed with the grant;

3 ‘‘(B) explain how such public access

4 defibrillation demonstration project represents

5 innovation in providing public access to auto6 mated external defibrillation; and

7 ‘‘(C) provide for the collection of data re8 garding the effectiveness of the demonstration

9 project to be funded with the grant in—

10 ‘‘(i) providing emergency

11 cardiopulmonary resuscitation and auto12 mated external defibrillation to cardiac ar13 rest victims in the setting served by the

14 demonstration project; and

15 ‘‘(ii) affecting the cardiac arrest sur16 vival rate in the setting served by the dem17 onstration project.

18 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There

19 is authorized to be appropriated to carry out this section

20 $5,000,000 for each of fiscal years 2002 through 2007.

21 Not more than 10 percent of amounts received under a

22 grant awarded under this section may be used for adminis23 trative expenses.
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1 ‘‘SEC. 313A. GRANTS FOR ACCESS TO DEFIBRILLATION.

2 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary of

3 Health and Human Services shall award a grant to a

4 health care organization to establish a national informa5 tion clearinghouse that provides information to increase

6 public access to defibrillation in schools.

7 ‘‘(b) DUTIES.—The health care organization that re8 ceives a grant under this section shall promote public ac9 cess to defibrillation in schools by—

10 ‘‘(1) providing timely information to entities re11 garding public access defibrillation program imple12 mentation and development;

13 ‘‘(2) developing and providing comprehensive

14 program materials to establish a public access

15 defibrillation program in schools;

16 ‘‘(3) providing support to CPR and AED train17 ing programs;

18 ‘‘(4) fostering new and existing community

19 partnerships with and among public and private or20 ganizations (such as local educational agencies, non21 profit organizations, public health organizations,

22 emergency medical service providers, fire and police

23 departments, and parent-teacher associations) to

24 promote public access to defibrillation in schools;

25 ‘‘(5) establishing a data base to gather informa26 tion in a central location regarding sudden cardiac
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1 arrest in the pediatric population and identifying or

2 conducting further research into the problem; and

3 ‘‘(6) providing assistance to communities that

4 wish to develop screening programs for at risk

5 youth.

6 ‘‘(c) APPLICATION.—A health care organization de7 siring a grant under this section shall submit an applica8 tion to the Secretary at such time, in such manner, and

9 accompanied by such information as the Secretary may

10 reasonably require.

11 ‘‘(d) REPORT.—Not later than 5 years after the date

12 on which the health care organization receives a grant

13 under this section, such organization shall submit to the

14 Secretary of Health and Human Services a report that

15 describes activities carried out with funds received under

16 this section. Not later than 3 months after the date on

17 which such report is received by the Secretary of Health

18 and Human Services, the Secretary shall prepare and sub19 mit to the appropriate committees of Congress an evalua20 tion that reviews such report and evaluates the success

21 of such clearinghouse.

22 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—From

23 funds authorized to be appropriated for fiscal years 2002

24 through 2006 for activities and programs under the De25 partment of Health and Human Services, $800,000 of
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1 such funds may be appropriated to carry out the programs

2 described in this section for each of the fiscal years 2002

3 through 2006.’’.

Passed the Senate February 6, 2002.

Attest:

Secretary.
107TH CONGRESS

2D SESSION S. 1275

AN ACT

To amend the Public Health Service Act to provide

grants for public access defibrillation programsand public access defibrillation demonstrationprojects, and for other purposes.