IIB 

111TH CONGRESS 

1ST SESSION H. R. 1380 

IN THE SENATE OF THE UNITED STATES 

JUNE 3, 2009 

Received; read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

AN ACT 

To establish a grant program for automated external 

defibrillators in elementary and secondary schools. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Josh Miller Helping 

3 Everyone Access Responsive Treatment in Schools Act of 

4 2009’’ or the ‘‘Josh Miller HEARTS Act’’. 

5 SEC. 2. GRANT PROGRAM FOR AUTOMATED EXTERNAL 

6 DEFIBRILLATORS. 

7 (a) PROGRAM REQUIRED.—The Secretary of Edu8 cation shall carry out a program under which the Sec9 retary makes grants to local educational agencies, to be 

10 used by the local educational agencies for one or both of 

11 the following: 

12 (1) To purchase automated external 

13 defibrillators for use in elementary and secondary 

14 schools served by the local educational agency. 

15 (2) To provide training to enable elementary 

16 and secondary schools served by the local edu17 cational agency to meet the requirements of sub18 section (d)(1), but only if automated external 

19 defibrillators are already in use at such schools or 

20 are acquired through this program. 

21 (b) ELIGIBILITY.— 

22 (1) LOCAL EDUCATIONAL AGENCIES.—To be el23 igible to receive a grant under this section, a local 

24 educational agency shall submit an application to 

25 the Secretary at such time, in such form, and conVerDate Nov 24 2008 23:41 Jun 03, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1380.RFS H1380

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1 taining such information as the Secretary may re2 quire. 

3 (2) ELEMENTARY AND SECONDARY SCHOOLS.— 

4 To be eligible to receive an automated external 

5 defibrillator through a grant under this section, a 

6 school may be any public or private school served by 

7 the local educational agency, except that an 

8 Internet- or computer-based community school is not 

9 eligible. 

10 (c) MATCHING FUNDS REQUIRED.— 

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

12 grant under this section, the local educational agen13 cy must provide matching funds from non-Federal 

14 sources equal to not less than 25 percent of the 

15 amount of the grant. 

16 (2) WAIVER.—The Secretary shall waive the re17 quirement of paragraph (1) for a local educational 

18 agency if the number of children counted under sec19 tion 1124(c)(1)(A) of the Elementary and Secondary 

20 Education Act of 1965 (20 U.S.C. 6333(c)(1)(A)) is 

21 20 percent or more of the total number of children 

22 aged 5 to 17, inclusive, served by the local edu23 cational agency. 

24 (d) TRAINING AND COORDINATION REQUIRED.—A 

25 local educational agency that receives a grant under this 


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1 section shall demonstrate that, for each elementary and 

2 secondary school at which the automated external 

3 defibrillators are to be used— 

4 (1) there are at least 5 individuals at the school 

5 who— 

6 (A) are employees or volunteers at the 

7 school; 

8 (B) are at least 18 years of age; and 

9 (C) have successfully completed training, 

10 with the expectation that the certification shall 

11 be maintained, in the use of automated external 

12 defibrillators and in cardiopulmonary resuscita13 tion, conducted by the American Heart Associa14 tion, the American Red Cross, the National 

15 Safety Council, or another nationally recognized 

16 organization offering training programs of simi17 lar caliber; 

18 (2) local paramedics and other emergency serv19 ices personnel are notified where on school grounds 

20 the automated external defibrillators are to be lo21 cated; and 

22 (3) the automated external defibrillator will be 

23 integrated into the school’s emergency response plan 

24 or procedures. 


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1 (e) PRIORITY.—In making grants under this section, 

2 the Secretary shall give priority to schools— 

3 (1) that do not already have an automated ex4 ternal defibrillator on school grounds; 

5 (2) at which a significant number of students, 

6 staff, and visitors are present on school grounds 

7 during a typical day; 

8 (3) with respect to which the average time re9 quired for emergency medical services (as defined in 

10 section 330J of the Public Health Service Act (42 

11 U.S.C. 254c–15(f))) to reach the school is greater 

12 than the average time for emergency medical serv13 ices to reach other public facilities in the community; 

14 and 

15 (4) that have not received funds under the 

16 Rural Access to Emergency Devices Act (42 U.S.C. 

17 254c note). 

18 (f) ESEA DEFINITIONS.—The terms used in this sec19 tion shall have the meanings given to such terms in section 

20 9101 of the Elementary and Secondary Education Act of 

21 1965 (20 U.S.C. 7801). 

22 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to carry out this section 


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1 such sums as may be necessary for each of fiscal years 

2 2010 through 2015. 

Passed the House of Representatives June 2, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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