[Congressional Record Volume 155, Number 81 (Tuesday, June 2, 2009)]
[House]
[Pages H6029-H6031]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




JOSH MILLER HELPING EVERYONE ACCESS RESPONSIVE TREATMENT IN SCHOOLS ACT 
                                OF 2009

  Mr. TONKO. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1380) to establish a grant program for automated external 
defibrillators in elementary and secondary schools.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1380

       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 2009'' 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 
     cardiopulmonary 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

[[Page H6030]]

     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 2010 through 2015.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Tonko) and the gentleman from Wisconsin (Mr. Petri) each will 
control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. TONKO. Thank you, Mr. Speaker. I request 5 legislative days 
during which Members may revise and extend and insert extraneous 
material on H.R. 1380 into the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. TONKO. I yield myself, Mr. Speaker, such time as I may consume.
  Mr. Speaker, I rise today in strong support of H.R. 1380, the Josh 
Miller HEARTS Act. This is a bill that my colleague and friend from the 
neighboring State of Ohio has introduced 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 by the machine is in need of it.
  Prompt response to a patient experiencing cardiac arrest is 
imperative, and waiting for EMS to arrive can be indeed fatal. 
Utilizing CPR techniques and administering an AED can more than double 
the victim's chances of surviving. A defibrillator shock is the most 
effective treatment for sudden cardiac arrest, and heart experts at 
Johns Hopkins University believe 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.

                              {time}  1515

  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 
plans. These provisions will save the lives of students, of teachers, 
of parents, staff and community members in our American schools. On any 
given day as much as 20 percent of the community's population passes 
through its schools, and it is our duty to ensure that these are safe 
places for our children to learn and for the 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 passed the House last year; and some 
States, such as Ohio and New York, are taking a leadership role in 
making an important difference. As a response to the tragic death of 
15-year-old Josh Miller, Ohio 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 those of the Millers and the Acomporas 
whose hard work has brought national attention to this important 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 
a similar loss. With passage of this bill, Congress has the opportunity 
to join these families and prevent future tragedies. Encouraging 
results and the many lives saved already demonstrates why we must pass 
this legislation. By putting in place preventative measures like those 
offered in this bill, we can save more lives.
  Mr. Speaker, once again I express my support for H.R. 1380, and I 
thank Representative Sutton for her dedication to this cause. I urge my 
colleagues to pass this resolution sponsored by the Member of our 
House, Representative Sutton.
  I reserve the balance of my time.
  Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 1380, the Josh Miller Helping Everyone 
Access Responsiveness Treatment in Schools Act of 2009, also referred 
to 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 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 United States.
  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. It can recognize a rhythm that requires an electronic shock and 
can advise a rescuer when a shock is needed. 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. It is an extremely 
accurate and easy device to use. As such, the device is widely credited 
for saving hundreds of lives each year.
  This bill requires local education agencies that receive a grant 
under the program to provide at least a 25 percent match from non-
Federal sources. It also 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 campus. H.R. 1380 is an important piece of 
legislation that will help save lives all across the country. I urge my 
colleagues to support the bill.
  I have no requests for time, and I yield back the balance of my time.
  Mr. TONKO. Mr. Speaker, I am pleased to recognize the gentlewoman 
from Ohio (Ms. Sutton) whose thoughtful resolution is before the House 
for as much time as she may consume.
  Ms. SUTTON. I thank the gentleman from New York for his great 
leadership on this issue and for all of the work that he does in 
Education and Labor on many issues that are so important to the people 
of America.
  Mr. Speaker, I rise today as the proud sponsor of H.R. 1380, the Josh 
Miller Helping Everyone Access Responsiveness Treatment in Schools Act, 
also known as the Josh Miller HEARTS Act. Sudden cardiac arrest is the 
leading cause of death in the United States and is the leading cause of 
death on school property and for student athletes. This bill 
establishes a grant program to help elementary and secondary schools 
across the country purchase automated external defibrillators, or AEDs.
  I introduced the Josh Miller HEARTS Act in memory of a young man from 
my hometown of Barberton, Ohio. To know Josh Miller was to know a 
kindhearted and generous young man with limitless potential. Josh was a 
Barberton High School sophomore with a 4.0 grade point average, the son 
of proud parents Ken and Geri Miller. He was a linebacker who dreamed 
of playing football for Ohio State someday. He was the kind of kid who 
could walk into a room and light it up. But one day, without warning, 
his dreams were cut short. Josh never showed any signs of heart 
trouble; but while playing football for his school in 2000, he 
collapsed after leaving the field. And by the time his heart was 
shocked with an automated external 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 nearly 300,000 
Americans every year. Josh's death was devastating not only to his 
family but to our entire community.
  Like Josh, the vast majority of these individuals who suffer sudden 
cardiac arrest do not display any prior signs of

[[Page H6031]]

heart trouble. Yet there is an easy-to-use, relatively inexpensive 
piece of medical equipment that more than doubles the odds of survival 
for someone experiencing a sudden cardiac arrest. An AED is the single 
most effective treatment for starting the heart after a sudden cardiac 
arrest; and because the chances of survival decrease by up to 10 
percent for every minute that passes, every second is critical.
  In March, I reintroduced the Josh Miller HEARTS Act to increase the 
availability of AEDs in our communities. Because schools are central 
gathering places in our communities, placing AEDs in our schools will 
save the lives of students enrolled there; but they will also be 
available for teachers and staff, parents and volunteers, and the many 
other members of the community who pass through their halls every 
single day.
  This legislation is modeled on a similar program for the State of 
Ohio. Dr. Terry Gordon, a cardiologist at Akron General Medical Center, 
has dedicated his life to this lifesaving mission. His tireless efforts 
in Ohio led to the adoption of a statewide initiative to put an AED 
into every school in our State. I hope that we in Congress can build on 
Dr. Gordon's good work and carry out this program at the national 
level.
  This bill is endorsed by the American Red Cross, the American Heart 
Association, the Heart Rhythm Society, the Sudden Cardiac Arrest 
Association, the International Association of Firefighters, the 
American College of Cardiology, the National Education Association, the 
Parent Heart Watch, the American Federation of Teachers and the 
National Safety Council. I want to thank these organizations for their 
support on this issue, and I look forward to working with them to 
continue to raise awareness on AEDs.
  Losing a young life like Josh's can bring a sense of helplessness. In 
just the last year in the short time from August 2008 to December 2008, 
63 children lost their lives to sudden cardiac arrest. But today we 
have an opportunity to act. This bill passed the House in the last 
Congress, but it did not emerge from the Senate. This time I am pleased 
to report that Ohio Senator George Voinovich will be leading the charge 
in the Senate and that Ohio Senator Sherrod Brown will be working 
alongside him to make sure that it gets done.
  It is appropriate that this bill comes to the floor this week. This 
week is National CPR and AED Awareness Week, and this week serves to 
raise awareness of the importance of CPR training and AED 
accessibility. In fact, the American Heart Association has embarked on 
a campaign to train 1 million people in CPR and the use of AEDs this 
week. I urge my colleagues to join me in supporting this effort to 
bring AEDs into every single school across this country. I thank the 
gentleman from across the aisle for his support of this measure. AEDs 
in schools will save lives. I want to thank the Miller family and the 
Acompora family and others who have turned their personal tragedies 
into a lifesaving mission.
  Mr. TONKO. Mr. Speaker, I am pleased to recognize the gentleman from 
Kentucky (Mr. Yarmuth) for 3 minutes.
  Mr. YARMUTH. I thank the gentleman for yielding.
  Mr. Speaker, I rise today in strong support of the Josh Miller HEARTS 
Act so that we may take another step to ensure that all the resources 
necessary to keep our children safe in their schools are readily 
available.
  More than 200,000 Americans die of sudden cardiac arrest each year. 
Of these, more than 50,000 lives could be saved if automated external 
defibrillators were easily accessible. The AED is a portable device 
that can restart the heart after cardiac arrest, and can be safely used 
by anyone, including children, as the device actually talks users 
through the lifesaving process and automatically analyzes whether a 
potentially lifesaving shock is needed. Making defibrillators available 
in our schools will save lives, and the Josh Miller HEARTS Act will go 
a long way toward increasing the availability of these emergency 
lifesaving devices.
  As we recognize National CPR and AED Awareness Week, this legislation 
is particularly timely. The bill will 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 plans. These provisions will save the lives of students, 
teachers, parents, staff and community members in U.S. schools.
  As we have heard, the act bears the name of Josh Miller, 15-year-old 
from Barberton, Ohio. I had the privilege of meeting with Josh's 
family, and I was so taken with how they have used his loss to mount a 
national effort to prevent additional losses like their tragic one. 
Last fall in my district, a young football player also died on a 
practice field. I don't know that the existence of an AED might have 
saved his life, but I do know that we owe our young people every 
possible resource, including AEDs, to make sure that these tragedies do 
not recur.
  I want to congratulate Congresswoman Sutton for her leadership in 
this effort. She has been tireless and passionate about making sure 
that our kids are protected. I also want to thank Dr. Terry Gordon who 
is now Congresswoman Sutton's constituent but is a long-time friend and 
a native of Louisville, Kentucky. He has also been tireless and 
passionate in this effort.
  With that, I urge my colleagues to support the Josh Miller HEARTS Act 
and take one more step forward to protecting our young Americans.
  Mr. TONKO. Mr. Speaker, to the point of H.R. 1380, we have heard of 
the wisdom of making available defibrillators throughout the schools of 
our great country. It's a natural fit because of the clustering that 
takes place each and every school day where the need may arise. 
Obviously a preventative sort of plan like this will help with saving 
lives and certainly will honor the memory of Josh Miller and Louis 
Acompora in that hopefully they will not have died in vain, that a 
measure like this can bring us to a sound bit of policy.
  For all those reasons, I would strongly urge our House to support 
H.R. 1380 and commend Representative Sutton for her outstanding 
leadership on this issue.
  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 New York (Mr. Tonko) that the House suspend the rules 
and pass the bill, H.R. 1380.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________