H.R. 1380: Josh Miller HEARTS Act

H.R. 1380

Josh Miller HEARTS Act

June 2, 2009 (111th Congress, 1st Session)

Staff Contact
Sarah Makin

Floor Situation

H.R. 1380 is being considered on the floor under suspension of the rules, requiring a two-thirds majority vote for passage.  This legislation was introduced by Rep. Betty Sutton (D-OH) on March 6, 2009. 



Bill Summary

H.R. 1380 amends the Elementary and Secondary Education Act of 1965 by directing the Secretary of Education to provide grants to local educational agencies for the purchase of automated external defibrillators (AED) to be stationed in the school building and/or to provide training so that at least five adult employees or volunteers at each school with an AED successfully complete training in its use and in cardiopulmonary resuscitation (CPR).  To be eligible to receive a grant under the bill, the local educational agency must provide matching funds from non-Federal sources equal to no less than 25 percent of the amount of the grant.

The legislation requires that educational agencies receiving AED devices under this bill to demonstrate that it has met the all requirements for the use of the AED, including having at least five adult employees or volunteers at the school who are certifiably trained to use the device. Also, the educational agency must notify all local emergency response services of the location of the devices in the school.

The bill gives priority to schools which do not already have AED devices, have greater numbers of students and employees, and require more time for emergency medical services to reach the school. 

H.R. 1380 authorizes such sums as may be necessary for 2010 through 2015.


AED devices provide high voltage electrical shocks to a dying heart to normalize the heart beat. AEDs are computerized defibrillators that talk users through the use of the device in an emergency.  According to USAToday, many schools across the United States have begun to equip themselves with AED devices.  Since 2005, thirteen lives have been saved in Ohio schools through the use of defibrillators stationed in schools, and 38 lives have been saved in New York since 2002.  Currently, AED devices are required in all airplanes as well as in all federal buildings.

The Elementary and Secondary Education Act of 1965 (ESEA) (P.L. 89-10) was signed into law by President Johnson on April 11, 1965. The Act provides funding for public and private elementary and secondary education. Authorizations in the Act provided funding for the purchase of educational materials, providing resources for educational programs, and the professional development of educational workers. The ESEA was most recently reauthorized by the No Child Left Behind Act of 2001 (P.L. 107-110) which outlined most ESEA programs through 2008.

The House passed H.R. 4926, a similar bill, under suspension of the rules in the 110th Congress by voice vote.


The Congressional Budget Office did not have a cost estimate available for H.R. 1380 as of June 1, 2008.