H. R. 3448—41
SEC. 159. PUBLIC ACCESS DEFIBRILLATION PROGRAMS AND PUBLIC
ACCESS DEFIBRILLATION DEMONSTRATION PROJECTS.
(a) SHORT TITLE.—This section may be cited as the ‘‘Community
Access to Emergency Defibrillation Act of 2002’’.
(b) FINDINGS.—Congress makes the following findings:
(1) Over 220,000 Americans die each year from cardiac
arrest. Every 2 minutes, an individual goes into cardiac arrest
in the United States.
(2) The chance of successfully returning to a normal heart
rhythm diminishes by 10 percent each minute following sudden
cardiac arrest.
(3) Eighty percent of cardiac arrests are caused by ventric-
ular fibrillation, for which defibrillation is the only effective
treatment.
(4) Sixty percent of all cardiac arrests occur outside the
hospital. The average national survival rate for out-of-hospital
cardiac arrest is only 5 percent.
(5) Communities that have established and implemented
public access defibrillation programs have achieved average
survival rates for out-of-hospital cardiac arrest as high as 50
percent.
(6) According to the American Heart Association, wide use
of defibrillators could save as many as 50,000 lives nationally
each year.
(7) Successful public access defibrillation programs ensure
that cardiac arrest victims have access to early 911 notification,
early cardiopulmonary resuscitation, early defibrillation, and
early advanced care.
(c) PUBLIC ACCESS DEFIBRILLATION PROGRAMS AND PROJECTS.—
Part B of title III of the Public Health Service Act (42 U.S.C.
243 et seq.), as amended by Public Law 106–310, is amended
by adding after section 311 the following:
‘‘SEC. 312. PUBLIC ACCESS DEFIBRILLATION PROGRAMS.
‘‘(a) IN GENERAL.—The Secretary shall award grants to States,
political subdivisions of States, Indian tribes, and tribal organiza-
tions to develop and implement public access defibrillation
programs—
‘‘(1) by training and equipping local emergency medical
services personnel, including firefighters, police officers, para-
medics, emergency medical technicians, and other first
responders, 
to 
administer 
immediate 
care, 
including
cardiopulmonary 
resuscitation 
and 
automated 
external
defibrillation, to cardiac arrest victims;
‘‘(2) by purchasing automated external defibrillators,
placing the defibrillators in public places where cardiac arrests
are likely to occur, and training personnel in such places to
administer cardiopulmonary resuscitation and automated
external defibrillation to cardiac arrest victims;
‘‘(3) by setting procedures for proper maintenance and
testing of such devices, according to the guidelines of the manu-
facturers of the devices;
‘‘(4) by providing training to members of the public in
cardiopulmonary 
resuscitation 
and 
automated 
external
defibrillation;
‘‘(5) by integrating the emergency medical services system
with the public access defibrillation programs so that emergency
H. R. 3448—42
medical services personnel, including dispatchers, are informed
about the location of automated external defibrillators in their
community; and
‘‘(6) by encouraging private companies, including small
businesses, to purchase automated external defibrillators and
provide 
training 
for 
their 
employees 
to 
administer
cardiopulmonary 
resuscitation 
and 
external 
automated
defibrillation to cardiac arrest victims in their community.
‘‘(b) PREFERENCE.—In awarding grants under subsection (a),
the Secretary shall give a preference to a State, political subdivision
of a State, Indian tribe, or tribal organization that—
‘‘(1) has a particularly low local survival rate for cardiac
arrests, or a particularly low local response rate for cardiac
arrest victims; or
‘‘(2) demonstrates in its application the greatest commit-
ment to establishing and maintaining a public access
defibrillation program.
‘‘(c) USE OF FUNDS.—A State, political subdivision of a State,
Indian tribe, or tribal organization that receives a grant under
subsection (a) may use funds received through such grant to—
‘‘(1) purchase automated external defibrillators that have
been approved, or cleared for marketing, by the Food and
Drug Administration;
‘‘(2) provide automated external defibrillation and basic
life support training in automated external defibrillator usage
through nationally recognized courses;
‘‘(3) provide information to community members about the
public access defibrillation program to be funded with the grant;
‘‘(4) provide information to the local emergency medical
services system regarding the placement of automated external
defibrillators in public places;
‘‘(5) produce materials to encourage private companies,
including small businesses, to purchase automated external
defibrillators; and
‘‘(6) further develop strategies to improve access to auto-
mated external defibrillators in public places.
‘‘(d) APPLICATION.—
‘‘(1) IN GENERAL.—To be eligible to receive a grant under
subsection (a), a State, political subdivision of a State, Indian
tribe, or tribal organization shall prepare and submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reason-
ably require.
‘‘(2) CONTENTS.—An application submitted under para-
graph (1) shall—
‘‘(A) 
describe 
the 
comprehensive 
public 
access
defibrillation program to be funded with the grant and
demonstrate how such program would make automated
external defibrillation accessible and available to cardiac
arrest victims in the community;
‘‘(B) contain procedures for implementing appropriate
nationally recognized training courses in performing
cardiopulmonary resuscitation and the use of automated
external defibrillators;
‘‘(C) contain procedures for ensuring direct involvement
of a licensed medical professional and coordination with
H. R. 3448—43
the local emergency medical services system in the over-
sight of training and notification of incidents of the use
of the automated external defibrillators;
‘‘(D) contain procedures for proper maintenance and
testing of the automated external defibrillators, according
to the labeling of the manufacturer;
‘‘(E) contain procedures for ensuring notification of
local 
emergency 
medical 
services 
system 
personnel,
including dispatchers, of the location and type of devices
used in the public access defibrillation program; and
‘‘(F) provide for the collection of data regarding the
effectiveness of the public access defibrillation program
to be funded with the grant in affecting the out-of-hospital
cardiac arrest survival rate.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of
carrying out this section, there are authorized to be appropriated
$25,000,000 for fiscal year 2003, and such sums as may be necessary
for each of the fiscal years 2004 through 2006. Not more than
10 percent of amounts received under a grant awarded under this
section may be used for administrative expenses.
‘‘SEC. 
313. 
PUBLIC 
ACCESS 
DEFIBRILLATION 
DEMONSTRATION
PROJECTS.
‘‘(a) IN GENERAL.—The Secretary shall award grants to political
subdivisions of States, Indian tribes, and tribal organizations to
develop and implement innovative, comprehensive, community-
based public access defibrillation demonstration projects that—
‘‘(1) provide cardiopulmonary resuscitation and automated
external defibrillation to cardiac arrest victims in unique set-
tings;
‘‘(2) 
provide 
training 
to 
community 
members 
in
cardiopulmonary 
resuscitation 
and 
automated 
external
defibrillation; and
‘‘(3) maximize community access to automated external
defibrillators.
‘‘(b) USE OF FUNDS.—A recipient of a grant under subsection
(a) shall use the funds provided through the grant to—
‘‘(1) purchase automated external defibrillators that have
been approved, or cleared for marketing, by the Food and
Drug Administration;
‘‘(2) provide basic life training in automated external
defibrillator usage through nationally recognized courses;
‘‘(3) provide information to community members about the
public access defibrillation demonstration project to be funded
with the grant;
‘‘(4) provide information to the local emergency medical
services system regarding the placement of automated external
defibrillators in the unique settings; and
‘‘(5) further develop strategies to improve access to auto-
mated external defibrillators in public places.
‘‘(c) APPLICATION.—
‘‘(1) IN GENERAL.—To be eligible to receive a grant under
subsection (a), a political subdivision of a State, Indian tribe,
or tribal organization shall prepare and submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably require.
H. R. 3448—44
‘‘(2) CONTENTS.—An application submitted under para-
graph (1) may—
‘‘(A) describe the innovative, comprehensive, commu-
nity-based 
public 
access 
defibrillation 
demonstration
project to be funded with the grant;
‘‘(B) explain how such public access defibrillation dem-
onstration project represents innovation in providing public
access to automated external defibrillation; and
‘‘(C) provide for the collection of data regarding the
effectiveness of the demonstration project to be funded
with the grant in—
‘‘(i) providing emergency cardiopulmonary resus-
citation and automated external defibrillation to car-
diac arrest victims in the setting served by the dem-
onstration project; and
‘‘(ii) affecting the cardiac arrest survival rate in
the setting served by the demonstration project.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $5,000,000 for each
of fiscal years 2002 through 2006. Not more than 10 percent of
amounts received under a grant awarded under this section may
be used for administrative expenses.’’.
TITLE II—ENHANCING CONTROLS ON
DANGEROUS 
BIOLOGICAL 
AGENTS
AND TOXINS
Subtitle A—Department of Health and
Human Services
SEC. 201. REGULATION OF CERTAIN BIOLOGICAL AGENTS AND TOXINS.
(a) BIOLOGICAL AGENTS PROVISIONS
OF
THE ANTITERRORISM
AND EFFECTIVE DEATH PENALTY ACT OF 1996; CODIFICATION IN
THE PUBLIC HEALTH SERVICE ACT, WITH AMENDMENTS.—Subpart
1 of part F of title III of the Public Health Service Act (42 U.S.C.
262 et seq.) is amended by inserting after section 351 the following:
‘‘SEC. 351A. ENHANCED CONTROL OF DANGEROUS BIOLOGICAL
AGENTS AND TOXINS.
‘‘(a) REGULATORY CONTROL OF CERTAIN BIOLOGICAL AGENTS
AND TOXINS.—
‘‘(1) LIST OF BIOLOGICAL AGENTS AND TOXINS.—
‘‘(A) IN GENERAL.—The Secretary shall by regulation
establish and maintain a list of each biological agent and
each toxin that has the potential to pose a severe threat
to public health and safety.
‘‘(B) CRITERIA.—In determining whether to include an
agent or toxin on the list under subparagraph (A), the
Secretary shall—
‘‘(i) consider—
‘‘(I) the effect on human health of exposure
to the agent or toxin;