I 

110TH CONGRESS 

1ST SESSION H. R. 4926 

To amend the Elementary and Secondary Education Act of 1965 to establish 

a grant program for automated external defibrillators in schools. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 19, 2007 

Ms. SUTTON (for herself, Ms. BORDALLO, Mrs. CAPPS, Mr. YARMUTH, Mr. 

ARCURI, Mr. WALZ of Minnesota, Mr. KUHL of New York, Mr. 

HASTINGS of Florida, Ms. MATSUI, Ms. CASTOR, Ms. SLAUGHTER, Mr. 

WELCH of Vermont, Mr. PICKERING, Mr. SARBANES, Mr. WILSON of 

Ohio, Mr. RYAN of Ohio, Mr. MICHAUD, Mr. COHEN, Mr. KILDEE, and 

Mrs. JONES of Ohio) introduced the following bill; which was referred to 

the Committee on Education and Labor 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 to establish a grant program for automated 

external defibrillators in schools. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Everyone Access Responsive Treatment in Schools Act of 

6 2007’’ or the ‘‘Josh Miller HEARTS Act’’. 


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1 SEC. 2. GRANT PROGRAM FOR AUTOMATED EXTERNAL 

2 DEFIBRILLATORS. 

3 Title IV of the Elementary and Secondary Education 

4 Act of 1965 is amended by adding at the end the fol5 lowing: 

6 ‘‘PART D—AUTOMATED EXTERNAL 

7 DEFIBRILLATORS 

8 ‘‘SEC. 4401. GRANT PROGRAM. 

9 ‘‘(a) PROGRAM REQUIRED.—The Secretary shall 

10 carry out a program under which the Secretary makes 

11 grants to local educational agencies, to be used by the local 

12 educational agencies for one or both of the following: 

13 ‘‘(1) To purchase automated external 

14 defibrillators for use in schools within the local edu15 cational agency. 

16 ‘‘(2) To provide training to enable schools with17 in the local educational agency to meet the require18 ments of subsection (d)(1), but only if automated ex19 ternal defibrillators are to be used at such schools. 

20 ‘‘(b) ELIGIBILITY.— 

21 ‘‘(1) LOCAL EDUCATIONAL AGENCIES.—To be 

22 eligible to receive a grant under this section, a local 

23 educational agency shall submit an application to 

24 the Secretary at such time, in such form, and con25 taining such information as the Secretary may re26 quire. 


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1 ‘‘(2) SCHOOLS.—To be eligible to receive an 

2 automated external defibrillator through a grant 

3 under this section, a school may be any public or 

4 private school within the local educational agency, 

5 except that an internet- or computer-based commu6 nity school is not eligible. 

7 ‘‘(c) MATCHING FUNDS REQUIRED.— 

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

9 grant under this section, the local educational agen10 cy must provide at least $1 from non-Federal 

11 sources (whether public or private) for every $3 

12 from Federal sources. 

13 ‘‘(2) WAIVER.—The Secretary shall waive the 

14 requirement of paragraph (1) for a local educational 

15 agency if the number of children counted under sec16 tion 1124(c)(1)(A) is 20 percent or more of the total 

17 number of children aged 5 to 17, inclusive, in the 

18 school district of the local educational agency. 

19 ‘‘(d) TRAINING AND COORDINATION REQUIRED.—A 

20 local educational agency may not receive a grant under 

21 subsection (a)(1) unless the local educational agency dem22 onstrates that, for each school at which the automated ex23 ternal defibrillators are to be used— 

24 ‘‘(1) there are at least 5 individuals at the 

25 school who— 


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1 ‘‘(A) are employees or volunteers at the 

2 school; 

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

4 ‘‘(C) have successfully completed training, 

5 with the expectation that the certification shall 

6 be maintained, in the use of automated external 

7 defibrillators and in cardiopulmonary resuscita8 tion, conducted by the American Heart Associa9 tion, the American Red Cross, or another na10 tionally recognized organization offering train11 ing programs of similar caliber; 

12 ‘‘(2) local paramedics and other emergency 

13 services personnel are notified where on school 

14 grounds the automated external defibrillators are to 

15 be located; and 

16 ‘‘(3) the automated external defibrillator will be 

17 integrated into the school’s medical emergency re18 sponse plan or procedures. 

19 ‘‘(e) PRIORITY.—In making grants under this sec20 tion, the Secretary shall— 

21 ‘‘(1) give priority to schools that do not already 

22 have an automated external defibrillator; 

23 ‘‘(2) give priority to schools at which a greater 

24 number of students, staff, and visitors are present 

25 on school grounds during a typical day; and 


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1 ‘‘(3) give priority to schools with respect to 

2 which a greater average time is required for emer3 gency medical services (as defined in section 330J of 

4 the Public Health Service Act (42 U.S.C. 254c– 

5 15(f))) to reach the school. 

6 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this section 

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

9 2008 through 2013.’’. 

Æ 


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