Text: H.R.1380 — 111th Congress (2009-2010)
Referred in Senate (06/03/2009)
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 1380 Referred in Senate (RFS)]
H. R. 1380
IN THE SENATE OF THE UNITED STATES
June 3, 2009
Received; read twice and referred to the Committee on Health,
Education, Labor, and Pensions
To establish a grant program for automated external defibrillators in
elementary and secondary schools.
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
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
(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.
(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
(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
(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 2010 through 2015.
Passed the House of Representatives June 2, 2009.
LORRAINE C. MILLER,