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 Edu-
cation shall carry out a program under which the Sec-
retary 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 edu-
cational agency to meet the requirements of sub-
section (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 el-
igible 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 con-
taining such information as the Secretary may re-
quire. 
(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 agen-
cy 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 re-
quirement of paragraph (1) for a local educational 
agency if the number of children counted under sec-
tion 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 edu-
cational 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 resuscita-
tion, conducted by the American Heart Associa-
tion, the American Red Cross, the National 
Safety Council, or another nationally recognized 
organization offering training programs of simi-
lar caliber; 
(2) local paramedics and other emergency serv-
ices personnel are notified where on school grounds 
the automated external defibrillators are to be lo-
cated; 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 ex-
ternal 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 re-
quired 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 serv-
ices 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 sec-
tion 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. 
Attest: 
Clerk.