[House Report 108-13]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     108-13

======================================================================



 
             AUTOMATIC DEFIBRILLATION IN ADAM'S MEMORY ACT

                                _______
                                

 February 13, 2003.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Tauzin, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 389]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 389) to authorize the use of certain grant funds 
to establish an information clearinghouse that provides 
information to increase public access to defibrillation in 
schools, having considered the same, report favorably thereon 
without amendment and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     2
Committee Oversight Findings.....................................     2
Statement of General Performance Goals and Objectives............     2
New Budget Authority, Entitlement Authority, and Tax Expenditures     2
Committee Cost Estimate..........................................     3
Congressional Budget Office Estimate.............................     3
Federal Mandates Statement.......................................     4
Advisory Committee Statement.....................................     4
Constitutional Authority Statement...............................     4
Applicability to Legislative Branch..............................     4
Section-by-Section Analysis of the Legislation...................     4
Changes in Existing Law Made by the Bill, as Reported............     4

                          Purpose and Summary

    H.R. 389 authorizes state public access defibrillation 
grants to be used to establish information clearinghouses to 
increase public access to defibrillation in schools.

                  Background and Need for Legislation

    Automatic external defibrillators (AEDs) are widely used by 
emergency personnel and health professionals to assist 
individuals suffering from sudden cardiac arrest. The use of 
AEDs has proven effective to save lives when following the 
``chain of survival plan'' developed by the American Heart 
Association, which includes an immediate call to 911, early CPR 
and defibrillation, and early advanced life support.
    The Public Health Security and Bioterrorism Response Act 
(107-188) included a provision that authorizes the Secretary of 
the Department of Health and Human Services to award grants to 
states, political subdivisions of states, Indian tribes, and 
tribal organizations to develop and implement public access 
defibrillation programs. Because many schools also serve as 
community meeting places, several communities are considering 
placing AEDs in schools. In order to assist schools interested 
in installing AEDs, H.R. 389 clarifies that the public access 
defibrillation program grant dollars authorized by P.L. 107-188 
may also be used to establish information clearinghouses to 
assist in those efforts.

                                Hearings

    The Committee on Energy and Commerce has not held hearings 
on the legislation.

                        Committee Consideration

    On Wednesday, January 29, 2003, the Full Committee on 
Energy and Commerce met in open markup session and ordered H.R. 
389 favorably reported to the House, without amendment, by a 
voice vote, a quorum being present.

                            Committee Votes

    There were no record votes taken in connection with 
ordering H.R. 389 reported. A motion by Mr. Tauzin to order 
H.R. 389 reported to the House, without amendment, was agreed 
to by a voice vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has not held oversight 
or legislative hearings on this legislation.

         Statement of General Performance Goals and Objectives

    The goal of H.R. 389 is to permit states to use public 
access defibrillation grants to establish information 
clearinghouses to increase public access to defibrillation in 
schools.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
389, the Automatic Defibrillation in Adam's Memory Act, would 
result in no new or increased budget authority, entitlement 
authority, or tax expenditures or revenues.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 11, 2003.
Hon. W. J. ``Billy'' Tauzin,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 389, the Automatic 
Defibrillation in Adam's Memory Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Alexis 
Ahlstrom.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 389--Automatic Defibrillation in Adam's Memory Act

    H.R. 389 would amend the Public Health Service Act to allow 
funds appropriated under section 312 to be spent to establish 
an information clearinghouse to increase access to 
defibrillation in schools. Under current law, section 312 
authorizes the appropriation of $25 million in 2003 and such 
sums as may be necessary from 2004 through 2006 for grants to 
states and tribal organizations to develop and implement public 
access defibrillation programs. H.R. 389 would create an 
additional use of the grant money authorized under section 312, 
but it would not increase the authorization level for grants 
under that section. Therefore, CBO estimates that the bill 
would not affect discretionary spending. Enacting H.R. 389 also 
would not affect direct spending or receipts.
    This legislation contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would impose no costs on state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Alexis Ahlstrom. 
This estimate was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 establishes the short title as the ``Automatic 
Defibrillation in Adam's Memory Act.''

Section 2. Amendment to the Public Health Service Act

    Section 2 clarifies that public access defibrillation 
grants to states authorized by the Public Health Security and 
Bioterrorism Response Act (P.L. 107-188) may be used to 
establish information clearinghouses to increase public access 
to defibrillation in schools.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

              SECTION 312 OF THE PUBLIC HEALTH SERVICE ACT


SEC. 312. PUBLIC ACCESS DEFIBRILLATION PROGRAMS.

  (a) * * *

           *       *       *       *       *       *       *

  (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) * * *

           *       *       *       *       *       *       *

          (5) produce materials to encourage private companies, 
        including small businesses, to purchase automated 
        external defibrillators; [and]
          (6) establish an information clearinghouse that 
        provides information to increase public access to 
        defibrillation in schools; and
          [(6)] (7) further develop strategies to improve 
        access to automated external defibrillators in public 
        places.

           *       *       *       *       *       *       *


                                
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