II 

111TH CONGRESS 

1ST SESSION S. 1197 

To establish a grant program for automated external defibrillators in 

elementary and secondary schools. 

IN THE SENATE OF THE UNITED STATES 

JUNE 8, 2009 

Mr. VOINOVICH (for himself and Mr. BROWN) introduced the following bill; 

which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 

A BILL 

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, 

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

7 SEC. 2. GRANT PROGRAM FOR AUTOMATED EXTERNAL 

8 DEFIBRILLATORS. 

9 (a) PROGRAM REQUIRED.—The Secretary of Edu10 cation shall carry out a program under which the SecVerDate Nov 24 2008 05:42 Jun 09, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1197.IS S1197

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1 retary makes grants to local educational agencies, to be 

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

3 the following: 

4 (1) To purchase automated external defibrilla5 tors for use in elementary and secondary schools 

6 served by the local educational agency. 

7 (2) To provide training to enable elementary 

8 and secondary schools served by the local edu9 cational agency to meet the requirements of sub10 section (d)(1), but only if automated external 

11 defibrillators are already in use at such schools or 

12 are acquired through this program. 

13 (b) ELIGIBILITY.— 

14 (1) LOCAL EDUCATIONAL AGENCIES.—To be el15 igible to receive a grant under this section, a local 

16 educational agency shall submit an application to 

17 the Secretary at such time, in such form, and con18 taining such information as the Secretary may re19 quire. 

20 (2) ELEMENTARY AND SECONDARY SCHOOLS.— 

21 To be eligible to receive an automated external 

22 defibrillator through a grant under this section, a 

23 school may be any public or private school served by 

24 the local educational agency, except that an 


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1 Internet- or computer-based community school is not 

2 eligible. 

3 (c) MATCHING FUNDS REQUIRED.— 

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

5 grant under this section, the local educational agen6 cy must provide matching funds from non-Federal 

7 sources equal to not less than 25 percent of the 

8 amount of the grant. 

9 (2) WAIVER.—The Secretary shall waive the re10 quirement of paragraph (1) for a local educational 

11 agency if the number of children counted under sec12 tion 1124(c)(1)(A) of the Elementary and Secondary 

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

14 20 percent or more of the total number of children 

15 aged 5 to 17, inclusive, served by the local edu16 cational agency. 

17 (d) TRAINING AND COORDINATION REQUIRED.—A 

18 local educational agency that receives a grant under this 

19 section shall demonstrate that, for each elementary and 

20 secondary school at which the automated external 

21 defibrillators are to be used— 

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

23 who— 

24 (A) are employees or volunteers at the 

25 school; 


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

2 (C) have successfully completed training, 

3 with the expectation that the certification shall 

4 be maintained, in the use of automated external 

5 defibrillators and in cardiopulmonary resuscita6 tion, conducted by the American Heart Associa7 tion, the American Red Cross, the National 

8 Safety Council, or another nationally recognized 

9 organization offering training programs of simi10 lar caliber; 

11 (2) local paramedics and other emergency serv12 ices personnel are notified where on school grounds 

13 the automated external defibrillators are to be lo14 cated; and 

15 (3) the automated external defibrillator will be 

16 integrated into the school’s emergency response plan 

17 or procedures. 

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

19 the Secretary shall give priority to schools— 

20 (1) that do not already have an automated ex21 ternal defibrillator on school grounds; 

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

23 staff, and visitors are present on school grounds 

24 during a typical day; 


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1 (3) with respect to which the average time re2 quired for emergency medical services (as defined in 

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

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

5 than the average time for emergency medical serv6 ices to reach other public facilities in the community; 

7 and 

8 (4) that have not received funds under the 

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

10 254c note). 

11 (f) ESEA DEFINITIONS.—The terms used in this sec12 tion shall have the meanings given to such terms in section 

13 9101 of the Elementary and Secondary Education Act of 

14 1965 (20 U.S.C. 7801). 

15 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to carry out this section 

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

18 2010 through 2015. 

Æ 


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