[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3022 Introduced in House (IH)]

  2d Session
                                H. R. 3022

To amend the Public Health Service Act to establish a program regarding 
  training in lifesaving first aid, including training in the use of 
 automated external defibrillators to assist individuals experiencing 
                            cardiac arrest.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 6, 1996

  Mr. Studds (for himself, Mr. McDermott, Mr. Engel, Mr. Waxman, Mr. 
Beilenson, Mr. Frost, Mr. Evans, Mrs. Collins of Illinois, Mr. Rangel, 
Mr. Dellums, Mr. Gutierrez, Mr. Moran, and Mr. Lipinski) introduced the 
    following bill; which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Service Act to establish a program regarding 
  training in lifesaving first aid, including training in the use of 
 automated external defibrillators to assist individuals experiencing 
                            cardiac arrest.

    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 ``Cardiac Arrest Survival Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) A significant increase in the number of individuals 
        trained in lifesaving first aid would save many lives, 
        particularly an increase in the number of individuals trained 
        in responding to cardiac arrest.
            (2) Each year approximately 350,000 individuals die from 
        cardiac arrest resulting from cardiovascular diseases.
            (3) Cardiac arrest can arise in other circumstances, 
        including drownings, cases of drug sensitivity or drug 
        toxicity, and cases of electrical shock.
            (4) More than 65 percent of deaths from cardiac arrest 
        occur before the victims reach hospitals.
            (5) Although cardiopulmonary resuscitation (commonly known 
        as CPR) is an important technique in responding to cardiac 
        arrest, the technique alone cannot terminate ventricular 
        fibrillation in the heart.
            (6) Ventricular fibrillation often can be terminated 
        through use of an electrical device known as a defibrillator, 
        and one that is automated and is designed for external 
        application is well-suited to responding to instances of 
        cardiac arrest in circumstances in which the victim is not at a 
        hospital.
            (7) In the typical nonhospital circumstances, the most 
        effective response to cardiac arrest is to recognize the 
        warning signs for an imminent attack and request emergency 
        medical services through the telephone number 911; to use the 
        technique of cardiopulmonary resuscitation; and to apply an 
        automatic external defibrillator.

SEC. 3. ESTABLISHMENT OF PROGRAM REGARDING TRAINING IN LIFESAVING FIRST 
              AID.

    Title XII of the Public Health Service Act (42 U.S.C. 300d et seq.) 
is amended by adding at the end the following part:

                     ``Part G--Lifesaving First Aid

``SEC. 1271. PROGRAM REGARDING TRAINING.

    ``(a) In General.--The Secretary shall carry out a program for the 
following purposes:
            ``(1) To develop and operate demonstration projects to 
        provide training in the provision of lifesaving first aid.
            ``(2) To develop and disseminate recommendations regarding 
        the provision of such training.
            ``(3) To collect data in accordance with section 1273.
            ``(4) To conduct evaluations in accordance with such 
        section.
    ``(b) Training Criteria.--
            ``(1) In general.--In carrying out subsection (a), the 
        Secretary shall develop criteria for training individuals in 
        the provision of lifesaving first aid, including the following:
                    ``(A) Criteria regarding the use of particular 
                techniques according to the age of the victim, 
                including criteria specific to infants and children.
                    ``(B) Criteria designed to train members of the 
                general public to serve as first responders.
                    ``(C) Criteria designed to train health 
                professionals to serve as such responders.
            ``(2) Use of age-related criteria.--The criteria developed 
        under paragraph (1)(A) shall be utilized by the Secretary in 
        the operation of demonstration projects under subsection (a), 
        in making recommendations under such subsection, and in 
        conducting evaluations in accordance with section 1273.
    ``(c) Recommendations for State Policies.--
            ``(1) In general.--In carrying out subsection (a), the 
        Secretary shall provide to the States the recommendations of 
        the Secretary for State policies regarding the provision of 
        lifesaving first aid, including recommendations regarding State 
        laws.
            ``(2) Certain considerations.--In providing recommendations 
        to the States under paragraph (1), the Secretary shall consider 
        the following:
                    ``(A) With respect to the licensure of health 
                professionals, whether training in lifesaving first aid 
                should be a precondition to the receipt of a license in 
                each of the professions.
                    ``(B) With respect to obtaining access to emergency 
                medical services through the telephone number 911--
                            ``(i) whether individuals who take the 
                        telephone calls should be required to undergo 
                        training in instructing callers to perform 
                        particular forms of lifesaving first aid, 
                        including cardiopulmonary resuscitation; and
                            ``(ii) whether there are other skills that 
                        should be required for such individuals.
                    ``(C) Whether individuals in any field other than 
                health care should be required to undergo training in 
                lifesaving first aid as a condition of employment in 
                the field; and if so, whether such fields include 
                employment as any of the following: Law-enforcement 
                officers; fire fighting personnel; teachers in 
                preschool programs, elementary or secondary schools, or 
                institutions of higher education; coaches and other 
                instructors or supervisors in sports or other 
                extracurricular activities; providers of day-care 
                services; school-bus drivers; and lifeguards.
                    ``(D) Whether there should be requirements to 
                ensure that the general public undergoes training in 
                lifesaving first aid; and if so, whether effective 
                requirements toward such goal would include--
                            ``(i) requiring such training as a 
                        condition for granting a license to operate 
                        motor vehicles; and
                            ``(ii) requiring such training as a 
                        condition for graduation from secondary schools 
                        and institutions of higher education.
    ``(d) Recommendations Regarding Federal Policies.--In carrying out 
subsection (a), the Secretary may develop recommendations for Federal 
policies regarding the provision of lifesaving first aid, including 
recommendations regarding Federal laws.
    ``(e) Consultations.--In carrying out this part, the Secretary 
shall consult with public and private entities with expertise in 
providing training in lifesaving first, including training on 
particular techniques according to the age of the victim.
    ``(f) Grants and Contracts.--In carrying out this part, the 
Secretary may make grants to and enter into cooperative agreements with 
public and nonprofit private entities, and may enter into contracts 
with public and private entities.

``SEC. 1272. AUTOMATED EXTERNAL DEFIBRILLATION AS RESPONSE TO CARDIAC 
              ARREST.

    ``(a) In General.--In carrying out section 1271, the Secretary 
shall comply with the following:
            ``(1) Demonstration projects and recommendations under 
        subsection (a) of such section shall include projects and 
        recommendations regarding the use of automated external 
        defibrillators.
            ``(2) Training criteria under subsection (b) of such 
        subsection shall include criteria regarding such use.
            ``(3) Recommendations and considerations under subsection 
        (c) of such section shall include recommendations and 
        considerations regarding such use.
    ``(b) Additional Considerations Regarding State Policies.--In 
providing recommendations to the States pursuant to subsection (a)(3), 
the Secretary shall, in addition to the considerations required 
pursuant to such subsection, consider the following:
            ``(1) With respect to office buildings, stadiums, musical 
        arenas, and other sites at which large numbers of members of 
        the public gather, whether it should be required that an 
        automatic external defibrillator be located on the premises; 
        and if so, whether it should be required that there be on the 
        premises an individual trained in the use of the device.
            ``(2) With respect to patient-transport vehicles that are 
        equipped to provide basic life support, whether it should be 
        required that the vehicles have an automatic external 
        defibrillator (or, as applicable, whether the class of vehicles 
        subject to such requirement should be expanded).
            ``(3) With respect to individuals who are not health 
        professionals, whether it is the policy of the States to 
        prohibit such individuals from using automatic external 
        defibrillators; and if so, whether and to what extent the 
        policies should be modified.
            ``(4) With respect to health professionals who have not 
        undergone training in the use of automatic external 
        defibrillators, whether it is the policy of the States to 
        prohibit or restrict such professionals from using such 
        devices; and if so, whether and to what extent the policies 
        should be modified.
            ``(5) With respect to tort laws commonly known as good 
        Samaritan laws, whether such laws should be modified to provide 
        that individuals and organizations cannot be found liable for 
        the use of automatic external defibrillators.
            ``(6) Whether other tort laws should be so modified.
            ``(7) With respect to the use of external defibrillators in 
        circumstances other than in hospitals, whether there are 
        circumstances in which a manual device should be used rather 
        than an automated device.
            ``(8) With respect to the use of external defibrillators in 
        hospitals, whether there are circumstances in which a manual 
        device should be used rather than an automated device.
    ``(c) Recommendations Regarding Federal Policies.--
            ``(1) In general.--In carrying out section 1271(d), the 
        Secretary shall develop recommendations for Federal policies 
        regarding the use of automated external defibrillators, 
        including recommendations regarding Federal laws.
            ``(2) Certain considerations.--In developing 
        recommendations under paragraph (1), the Secretary shall 
        consider the following:
                    ``(A) With respect to Federal office buildings, 
                military facilities, and other Federal sites at which 
                substantial numbers of Federal employees or members of 
                the public gather, whether it should be required that 
                an automatic external defibrillator be located on the 
                premises; and if so, whether it should be required that 
                there be on the premises an individual trained in the 
                use of the device.
                    ``(B) With respect to tort liabilities of 
                manufacturers of automatic external defibrillators that 
                arise from the use of such devices, whether the Federal 
                Government, in order to ensure the continued economic 
                feasibility of manufacturing the devices, should 
                provide for the modification of tort laws to establish 
                reasonable limitations on the amount of compensation 
                that may be awarded.

``SEC. 1273. COLLECTION OF DATA; EVALUATIONS.

    ``(a) Collection of Data.--In carrying out section 1271(a), the 
Secretary shall collect data toward determining the following with 
respect to the United States:
            ``(1) The incidence of cardiac arrest and other conditions 
        with respect to which the provision of lifesaving first aid may 
        be appropriate.
            ``(2) The injuries, illnesses, or other circumstances 
        giving rise to such arrest or other conditions in the incident 
        involved.
            ``(3) The extent to which the age of the victim was 
        relevant to the occurrence of the incident.
            ``(4) The rate of survival in the incidents.
            ``(5) The incidents in which lifesaving first aid was 
        provided, the rate of survival in such incidents, and the 
        extent to which the first responders involved had received 
        training in the provision of such aid.
    ``(b) Evaluations.--In carrying out section 1271(a), the Secretary 
shall conduct evaluations of programs that provide training in 
lifesaving first aid, including demonstration projects under paragraph 
(1) of such section. Such evaluations shall include consideration of 
whether the programs provided training in particular techniques 
according to the age of the victim.

``SEC. 1274. BIENNIAL REPORT TO CONGRESS.

    Not later than February 1, 1997, and every second year thereafter, 
the Secretary shall submit to the Congress a report on the activities 
carried out under this part. The report shall provide--
            ``(1) a description of the demonstration projects carried 
        out under section 1271(a);
            ``(2) the recommendations developed pursuant to such 
        section; and
            ``(3) a summary of the evaluations conducted under section 
        1273(b).

``SEC. 1275. DEFINITIONS

    ``For purposes of this part:
            ``(1) The term `automated external defibrillator' means a 
        fully automated or semiautomated external defibrillator that, 
        as a result of the use of computers to detect and analyze 
        cardiac rhythms and apply electrical current accordingly, 
        requires substantially less training to operate than a manual 
        external defibrillator.
            ``(2) The term `external defibrillator' means a device 
        that, through external contact with the chest wall, provides an 
        electric current to the heart muscle for the purpose of 
        terminating ventricular fibrillation.
            ``(3) The term `first responder' means an individual who 
        provides, or attempts to provide, lifesaving first aid.
            ``(4) The term `lifesaving first aid' includes the 
        performance of cardiopulmonary resuscitation, the application 
        of an automated or manual external defibrillator, and the 
        provision of relief for the obstruction of a breathing passage 
        by a foreign object. With respect to matters referred to in the 
        preceding sentence, such term includes the use of particular 
        techniques according to the age of the victim.

``SEC. 1276. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of carrying out this part, there are authorized 
to be appropriated such sums as may be necessary for each of the fiscal 
years 1996 through 2000.''.
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