[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 245 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 245
To establish a grant program for nebulizers in elementary and secondary
schools.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2023
Ms. Jackson Lee introduced the following bill; which was referred to
the Committee on Education and the Workforce, and in addition to the
Committee on Energy and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish a grant program for nebulizers 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 ``Breath of Fresh Air Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) 25,000,000 people, including 7,000,000 children, have
asthma.
(2) Almost 13,000,000 people report having an asthma attack
in the past year and asthma accounts for nearly 2,000,000
emergency department visits each year.
(3) Every day in the United States--
(A) 30,000 people have an asthma attack; and
(B) 11 people die from asthma.
(4) Nearly 5,000,000 asthma sufferers are under 18 years of
age, and 1 out of every 10 school-aged children has asthma.
(5) Minorities are adversely affected by asthma, as--
(A) African Americans are 3 times more likely to
die from asthma; and
(B) Hispanics may have an elevated risk for
exposure to air pollution since a disproportionate
number live in areas failing to meet one or more
national standards for air pollutants. (It is estimated
that 80 percent of Hispanics live in areas that failed
to meet one United States Environmental Protection
Agency air quality standard, compared to 65 percent of
African Americans and 57 percent of Whites.)
SEC. 3. GRANT PROGRAM FOR NEBULIZERS.
(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 nebulizers 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 nebulizers 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 a nebulizer 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 nebulizers are to be
used--
(1) there is a full-time certified school nurse on staff;
(2) the school has the trained personnel and other
resources necessary to use the nebulizers;
(3) local paramedics and other emergency services personnel
are notified where on school grounds the nebulizers are to be
located;
(4) the nebulizer will be integrated into the school's
emergency response plan or procedures; and
(5) the school has procedures in place to ensure that
parents are notified of the availability of the nebulizers, how
to provide their child's prescription asthma medication to the
school, and how to authorize use of a nebulizer to assist their
child when medically appropriate.
(e) Priority.--In making grants under this section, the Secretary
shall give priority to local educational agencies--
(1) having jurisdiction over a geographic area with respect
to which the Director of the Centers for Disease Control and
Prevention has determined that the prevalence of asthma is at
least 10 percent higher than the national average;
(2) that do not already have at least one nebulizer in each
school served by the local educational agency;
(3) that serve schools at which a significant number of
students, staff, and visitors are present on school grounds
during a typical day; 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 8101 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 2023 through 2028.
SEC. 4. CONSTRUCTION.
Nothing in this Act shall be construed--
(1) to create liability for use of a nebulizer or affect
liability for such use that exists under other law; or
(2) to supersede a State law regulating nursing.
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