[Congressional Record Volume 154, Number 94 (Monday, June 9, 2008)]
[House]
[Pages H5073-H5075]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JOSH MILLER HEARTS ACT
Mr. YARMUTH. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4926) to amend the Elementary and Secondary Education Act of
1965 to establish a grant program for automated external defibrillators
in schools, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4926
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Josh Miller Helping Everyone
Access Responsive Treatment in Schools Act of 2008'' or the
``Josh Miller HEARTS Act''.
SEC. 2. GRANT PROGRAM FOR AUTOMATED EXTERNAL DEFIBRILLATORS.
(a) Program Required.--The Secretary of Education shall
carry out a program under which the Secretary makes grants to
local educational agencies, to be used by the local
educational agencies for one or both of the following:
(1) To purchase automated external defibrillators for use
in elementary and secondary schools served by the local
educational agency.
(2) To provide training to enable elementary and secondary
schools served by the local educational agency to meet the
requirements of subsection (d)(1), but only if automated
external defibrillators are already in use at such schools or
are acquired through this program.
(b) Eligibility.--
(1) Local educational agencies.--To be eligible to receive
a grant under this section, a local educational agency shall
submit an application to the Secretary at such time, in such
form, and containing such information as the Secretary may
require.
(2) Elementary and secondary schools.--To be eligible to
receive an automated external defibrillator through a grant
under this section, a school may be any public or private
school served by the local educational agency, except that an
Internet- or computer-based community school is not eligible.
(c) Matching Funds Required.--
(1) In general.--To be eligible to receive a grant under
this section, the local educational agency must provide
matching funds from non-Federal sources equal to not less
than 25 percent of the amount of the grant.
(2) Waiver.--The Secretary shall waive the requirement of
paragraph (1) for a local educational agency if the number of
children counted under section 1124(c)(1)(A) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6333(c)(1)(A)) is 20 percent or more of the total number of
children aged 5 to 17, inclusive, served by the local
educational agency.
(d) Training and Coordination Required.--A local
educational agency that receives a grant under this section
shall demonstrate that, for each elementary and secondary
school at which the automated external defibrillators are to
be used--
(1) there are at least 5 individuals at the school who--
(A) are employees or volunteers at the school;
(B) are at least 18 years of age; and
(C) have successfully completed training, with the
expectation that the certification shall be maintained, in
the use of automated external defibrillators and in cardio
pulmonary resuscitation, conducted by the American Heart
Association, the American Red Cross, the National Safety
Council, or another nationally recognized organization
offering training programs of similar caliber;
(2) local paramedics and other emergency services personnel
are notified where on school grounds the automated external
defibrillators are to be located; and
(3) the automated external defibrillator will be integrated
into the school's emergency response plan or procedures.
(e) Priority.--In making grants under this section, the
Secretary shall give priority to schools--
(1) that do not already have an automated external
defibrillator on school grounds;
(2) at which a significant number of students, staff, and
visitors are present on school grounds during a typical day;
(3) with respect to which the average time required for
emergency medical services (as defined in section 330J of the
Public Health Service Act (42 U.S.C. 254c-15(f))) to reach
the school is greater than the average time for emergency
medical services to reach other public facilities in the
community; and
(4) that have not received funds under the Rural Access to
Emergency Devices Act (42 U.S.C. 254c note).
(f) ESEA Definitions.--The terms used in this section shall
have the meanings given to such terms in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2008 through 2013.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Kentucky (Mr. Yarmuth) and the gentleman from New York (Mr. Kuhl) each
will control 20 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. YARMUTH. Mr. Speaker, I request 5 legislative days during which
Members may revise and extend and insert extraneous material on H.R.
4926 into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. YARMUTH. Mr. Speaker, I yield myself such time as I may consume.
I rise today in strong support of H.R. 4926, the Josh Miller HEARTS
Act. This is a bill that will save countless lives at a relatively low
cost to taxpayers.
According to the American Heart Association, more than 200,000
Americans die of sudden cardiac arrest each year. Even more disturbing
is the fact that 50,000 of these deaths could have been prevented with
the use of an automated external defibrillator, or AED.
AEDs are portable devices used to restart the heart after sudden
cardiac arrest. Studies have shown that these devices, which are
required in Federal buildings and on airplanes, can be safely used by
anyone, including children. Defibrillators talk the user through the
lifesaving process and do not deliver a shock unless the heartbeat
analyzed through the machine is in need of it.
[[Page H5074]]
Prompt response to a person experiencing cardiac arrest is
imperative, and waiting for an EMS to arrive can be fatal. Utilizing
CPR techniques and administering an AED can more than double the
victim's chance of survival. A defibrillator shock is the most
effective treatment for sudden cardiac arrest. Heart experts at Johns
Hopkins University believe that over 500 lives can be saved annually
with the widespread placement of AEDs.
The legislation put forward today will go a long way towards saving
lives in our Nation's schools. This bill establishes a grant program to
place lifesaving defibrillators in every elementary and secondary
school that chooses to participate in the program. Additionally, the
law would require recipients of these grants to train school staff in
AED and CPR practices, coordinate with local paramedics, and integrate
AEDs into existing medical emergency response plan. These provisions
will save the lives of students, teachers, parents, staff and community
members in U.S. schools.
On any given day, as much as 20 percent of a community's population
passes through its schools, and it is our duty to ensure that these are
safe places for kids to learn and community members to interact. Since
schools are natural meeting places for the public, this bill can save
the lives of countless children, teachers, parents and others.
Similar legislation has already passed and is making an important
difference in States such as Ohio and New York. As a response to the
tragic death of 15 year-old Josh Miller, Ohioans instituted a program
to place AEDs in schools. Since the inception of the program in 2005,
13 lives have been saved by defibrillators. Similarly, the New York
program, in honor of 14 year-old Louis Acompora, has saved 38 lives
since 2002.
I want to thank families like the Millers and the Acomporas, whose
hard work has brought national attention to this issue. They have
worked through their grief, and fueled by the tragic loss of a child,
have toiled tirelessly to keep other parents from experiencing similar
losses. With passage of this bill, Congress has the opportunity to join
with these families and prevent future tragedies.
Encouraging results and the many lives saved already demonstrate why
we must pass this legislation. By putting in place preventive measures
like these offered in this bill, we can save more lives.
Once again, I express my support for H.R. 4926, and I urge my
colleagues to pass this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. KUHL of New York. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in strong support of H.R. 4926, the Josh Miller
Helping Everyone Access Responsive Treatment in Schools Act of 2008.
Also, fortunately, we refer to it as the Josh Miller HEARTS Act.
This legislation would authorize the United States Secretary of
Education to make grants to public and private elementary and secondary
public schools to purchase automated external defibrillators, also
known as AEDs, for school grounds and to train employees and volunteers
on how to use these devices, which have saved thousands of lives all
over the country.
An AED is a portable, computerized medical device that can check a
person's heart rhythm to determine whether he or she is in cardiac
arrest and having a heart attack. It can recognize a rhythm that
requires an electronic shock and advise a rescuer when a shock is
needed.
{time} 1645
The AED uses voice prompts, lights, and text messages to tell the
rescuer the precise steps he or she needs to take to operate the
device.
Just as hundreds of students have found out, it is an extremely
accurate and easy device to use. As such, the device is widely credited
for saving hundreds of lives a year.
I firmly believe that expanding the availability of AEDs in schools
will save the lives of thousands of students and teachers, and so I
want to thank the gentlewoman from Ohio (Ms. Sutton) for taking a
leadership role on this vital issue and for introducing this important
bill.
This effort is a deeply personal one to me, as I have been involved
in the effort to install AEDs in public and private elementary and
secondary schools since before I came to Congress.
When I was in the New York State Senate, I heard about a young man
who Mr. Yarmuth mentioned earlier by the name of Louis Acompora from
Northport, Long Island. Louis was playing lacrosse at Northport High
School. Like many high school students across the country, he played
sports every day. He did exactly what he was trained to do, he blocked
a shot on goal with his chest. Unfortunately, it was the wrong time,
and after receiving the blunt impact to the chest, Louis went into
cardiac arrest and died from that particular blow, a syndrome that
affects healthy young athletes as a result of low energy, non-
penetrating blows to the chest.
If an AED had been available on the field at the time, perhaps
Louis's mother and father would not have watched him die on the field.
In response to this tragic event, I worked with my colleague, then
State Assemblyman Harvey Weisenberg, to introduce legislation that
required all public schools in New York State to have at least one AED
on the school grounds. Fortunately, the State legislature adopted this
law, and as a result, I am proud to say that 38 lives in New York
schools have been saved since its passage back in 2002.
As I said on the floor last week in support of the first annual CPR
and AED Awareness Week, communities with comprehensive AED programs
have achieved survival rates of over 40 percent where the normal
survival rate is roughly 5 percent.
With this in mind, I believe schools are the logical place to put
defibrillators since as many as 20 percent of the community population
passes through its school's doors on a daily basis.
This bill would require that local educational agencies that receive
a grant under the program to provide at least 25 percent match from
non-Federal sources. It ensures that local paramedics and other
emergency services personnel are notified regarding where the actual
AED is located on the school grounds in case they ever have to respond
to a situation on the school campus.
H.R. 4926 is an important piece of legislation that will help save
lives all across the country. I compliment Ms. Sutton again on her
leadership role on this issue, and I strongly urge my colleagues to
support the bill.
Mr. Speaker, I reserve the balance of my time.
Mr. YARMUTH. Mr. Speaker, it gives me great pleasure to introduce the
sponsor of this bill and my good friend and a member of the wonderful
majority maker's class of 2006, the gentlewoman from Ohio (Ms. Sutton)
and yield as much time as she may consume.
Ms. SUTTON. I thank the gentleman from Kentucky.
Mr. Speaker, I rise today as the proud sponsor of H.R. 4926, the Josh
Miller Helping Everyone Access Responsive Treatment in Schools Act, or
the Josh Miller HEARTS Act.
This legislation establishes a grant program to ensure that every
elementary and secondary school across the country can obtain automated
external defibrillators, or AEDs.
I introduced the Josh Miller HEARTS Act last December in memory of a
young man from my hometown of Barberton, Ohio.
Josh was the sort of kid who could light up a room, someone who you
knew would go on to achieve great things. He was a sophomore at
Barberton High School with a 4.0 grade point average, a linebacker who
dreamed of playing football some day for Ohio State. But one day,
without warning, those dreams were cut short.
During the final game of the 2000 football season, Josh collapsed
after leaving the field. By the time his heart was shocked with the
defibrillator, it was too late to save him. Josh suffered a sudden
cardiac arrest, which according to the American Heart Association,
claims the lives of about 330,000 Americans every year. The vast
majority of these individuals, like Josh, will never have displayed any
signs of heart trouble beforehand.
Yet there is an easy-to-use, relatively inexpensive piece of medical
equipment that can more than double
[[Page H5075]]
the odds of survival for someone experiencing a sudden cardiac arrest.
An automated external defibrillator, or AED, is the single most
effective treatment for starting the heart after a sudden cardiac
arrest. And because the chances of survival decrease up to 10 percent
for every minute that passes, every second is critical.
Schools, as you've heard, are central gathering places in our
communities that make them the ideal locations for AEDs. Placed in our
schools, AEDs can save not only students but also staff and parents and
many other visitors who come through our schools every day.
The Josh Miller HEARTS Act establishes a grant program to ensure that
AEDs will be available to every elementary and secondary school, public
and private across the country.
AED/CPR training is also an important part of raising awareness in
using AEDs correctly. H.R. 4926 makes funds for training available to
schools that already have AEDs, as well as to schools that will receive
AEDs through this program.
Finally, this legislation also requires coordination with local
emergency medical services and integration into the school's emergency
response plan, to ensure their effective use within each community.
I would like to take a moment to thank Chairman Miller and Ranking
Member McKeon for making this legislation a priority and for moving it
forward. And I want to thank Representative Kuhl and representatives on
both sides of the aisle for their support of this very important
initiative. I thank Representative Yarmuth for his leadership, and I
also would like to recognize Dr. Terry Gordon, a cardiologist who was
instrumental in pushing a similar effort successfully in my home State
of Ohio and who has put his whole heart into making this life-saving
device available across this Nation his vocation.
Finally, I would like to close by thanking the Miller family,
especially Josh's parents, Ken and Jerri Miller, for their courage and
for transforming their life into this life-saving mission. Losing a
young life like Josh's can make us feel helpless, but through these
tragedies, many families like the Millers and the Acomporas have found
the strength to act. They have found the courage to speak out so that
their other children can have the chance that their children never did,
and so that other families will not have to feel their pain.
Although H.R. 4926 bears Josh Miller's name, it is truly in memory of
all those who might have been saved, and in celebration of those who
because of this program will have the opportunity to live their lives
to their fullest potential. Let's give these children that chance.
Mr. YARMUTH. We reserve the balance of our time.
Mr. KUHL of New York. Mr. Speaker, in closing let me say that this
bill is a bill that makes a difference between life and death. It is
one that all of our colleagues should be supporting, and I recommend
its support.
Mr. Speaker, I yield back the balance of my time.
Mr. YARMUTH. I thank the gentleman from New York, and I thank
Congresswoman Sutton for her wonderful work on this piece of
legislation.
I want to also echo my thanks to Dr. Terry Gordon who happens to be a
childhood friend of mine and a native of Louisville, Kentucky. He
deserves a great deal of credit for beginning the movement that has
resulted hopefully in the passage of this bill today.
I urge my colleagues to support this marvelous piece of legislation.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Kentucky (Mr. Yarmuth) that the House suspend the rules
and pass the bill, H.R. 4926, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title was amended so as to read: ``A bill to establish a grant
program for automated external defibrillators in elementary and
secondary schools.''.
A motion to reconsider was laid on the table.
____________________