[Senate Report 108-70]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 139
108th Congress                                                   Report
                                 SENATE
 1st Session                                                     108-70

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



 
             AUTOMATIC DEFIBRILLATION IN ADAM'S MEMORY ACT

                                _______
                                

                 June 13, 2003.--Ordered to be printed

                                _______
                                

    Mr. Gregg, from the Committee on Health, Education, Labor, and 
                   Pensions, submitted the following

                              R E P O R T

                         [To accompany S. 231]

    The Committee on Health, Education, Labor, and Pensions, to 
which was referred the bill (S. 231) 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, reports 
favorably thereon without amendment and recommends that the 
bill do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and need for legislation.................................1
 II. Summary..........................................................2
III. History of legislation and votes in committee....................2
 IV. Explanation of legislation and committee views...................2
  V. Cost estimate and unfunded mandate statement.....................3
 VI. Regulatory impact statement......................................3
VII. Application of law to the legislative branch.....................3
VIII.Section-by-section analysis......................................3

 IX. Changes in existing law..........................................4

                  I. Purpose and Need for Legislation

    The purpose of the Automatic Defibrillation in Adam's 
Memory Act (ADAM Act) is to allow funds authorized under the 
Community AED Act (Community Access to Emergency Defibrillation 
Act) of 2002 to be used for the establishment of a national 
clearinghouse to provide information to increase public access 
to defibrillation in schools. The national clearinghouse will 
provide schools with the proper instruction and technical 
guidance to set up a public access defibrillation program. The 
ADAM Act would ensure that schools have access to the 
appropriate training and other logistics required for 
successful programs.
    Over 220,000 Americans die each year from cardiac arrest. 
Every 2 minutes, an individual goes into cardiac arrest in the 
United States. The chance of successfully returning to a normal 
heart rhythm diminishes by 10 percent each minute following 
sudden cardiac arrest. Eighty percent of cardiac arrests are 
caused by ventricular fibrillation, for which defibrillation is 
the only effective treatment. 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.
    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. 
In many communities, schools are a focal point for large 
activities and are located near the city center. Promoting 
early access to defibrillation in public venues will help 
improve cardiac arrest survival rates.

                              II. Summary

    The legislation amends Subsection (c) of section 312 of the 
Public Health Service Act (42 U.S.C. 244), as amended by Public 
Law 107-188 (Public Health Security and Bioterrorism 
Preparedness and Response Act of 2002). The bill expands the 
authorized uses of certain grant funds to include establishing 
a national information clearinghouse that provides information 
to increase public access to defibrillation in schools.

           III. History of Legislation and Votes in Committee

    During the 107th Congress, the full Senate, with consent 
from the Committee on Health, Education, Labor, and Pensions, 
unanimously approved S. 1041, an earlier version of the ADAM 
Act, as both stand-alone legislation and as part of S. 1275, 
the Community AED Act. On February 6, 2002, the Senate 
unanimously passed S. 1275, which included S. 1041. However, an 
objection was raised and it was removed from the bill. On June 
26, 2002, the Senate passed S. 1041 by unanimous consent.
    During the 108th Congress, S. 231, the ADAM Act, was 
introduced in the Senate on January 29, 2003 and referred to 
the Committee on Health, Education, Labor, and Pensions. S. 231 
passed by unanimous consent during the committee's executive 
session on April 12, 2003, with no amendments.

           IV. Explanation of Legislation and Committee Views

    The Automatic Defibrillation in Adam's Memory Act (ADAM 
Act) allows funds authorized under the Community AED Act to be 
used in an effort to establish a national clearinghouse to 
provide information to increase public access to defibrillation 
in schools.
    This act will assist schools in having access to the 
appropriate training and other logistics required for 
successful programs.
    The committee expects the legislation will assist schools 
in having access to the appropriate training and other 
logistics required for successful programs. Promoting early 
access to defibrillation in public venues will help improve 
cardiac arrest survival rates.

            V. Cost Estimate and Unfunded Mandate Statement

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 11, 2003.
Hon. Judd Gregg,
Chairman, Committee on Health, Education, Labor, and Pensions, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 231, 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,
                                         Barry. B. Anderson
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

S. 231--Automatic Defibrillation in Adam's Memory Act

    S. 231 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. S. 231 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 S. 231 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.

                    VI. Regulatory Impact Statement

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee has determined that 
there will be minimal increases in the regulatory burden 
imposed by this bill.

           VII. Application of Law to the Legislative Branch

    The committee has determined that there is no legislative 
impact.

                   VIII. Section-by-Section Analysis


Section 1. Short title

    ``Automatic Defibrillation in Adam's Memory Act''.

Section 2. Amendments to Public Health Service Act

    The legislation establishes an information clearinghouse 
that provides information to increase public access to 
defibrillation in schools.

                      IX. Changes in Existing Law

    In compliance with rule XXVI paragraph 12 of the Standing 
Rules of the Senate, the following provides a print of the 
statute or the part or section thereof to be amended or 
replaced (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):

PUBLIC HEALTH SERVICE ACT

           *       *       *       *       *       *       *



Automatic Defibrillation in Adam's Memory Act

           *       *       *       *       *       *       *



     TITLE III--GENERAL POWERS AND DUTIES OF PUBLIC HEALTH SERVICE


Part A--Research and Investigation

           *       *       *       *       *       *       *



                   Part B--Federal-State Cooperation


                               IN GENERAL

    Sec. 311. * * *

           *       *       *       *       *       *       *


SEC. 312. [244] PUBLIC ACCESS DEFIBRILLATION PROGRAMS.

    (a) In General.--* * *

           *       *       *       *       *       *       *

    (c) * * *
          (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.

           *       *       *       *       *       *       *