To establish a grant program for automated external defibrillators in elementary and secondary schools.

Summary: Josh Miller Helping Everyone Access Responsive Treatment in Schools Act of 2008, or the Josh Miller HEARTS Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award matching grants to local educational agencies (LEAs) to: (1) purchase automated external defibrillators (AEDs) for use in their schools; and/or (2) provide training to meet the grant requirement that at least five adult employees or volunteers at each school where an AED is to be used successfully complete training in its use and in cardiopulmonary resuscitation (CPR).

Requires LEA grant applicants also to demonstrate that: (1) the AEDs are integrated into the schools' emergency response procedures; and (2) emergency services personnel are notified of their locations.

Requires LEA grantees to provide nonfederal matching funds equal to at least 25% of their grant, unless 20% or more of the children they serve come from impoverished families.

Gives grant priority to schools that: (1) lack an AED; (2) typically have a significant number of students, staff, and visitors present during the day; (3) generally have a longer wait for emergency medical services than other public facilities in the community; and (4) have not received funds under the Rural Access to Emergency Devices Act.

Authorizes appropriations for the grant program for FY2008-FY2013.

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 
                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 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.

            Passed the House of Representatives June 9, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.