[Congressional Record (Bound Edition), Volume 154 (2008), Part 9]
[House]
[Pages 11850-11852]
[From the U.S. 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

[[Page 11851]]

     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.
  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.

[[Page 11852]]

  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 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.

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