Us Congress 2023-2024 Regular Session

Us Congress House Bill HB245 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	I
2	2	118THCONGRESS
3	3	1
4	4	STSESSION H. R. 245
5	5	To establish a grant program for nebulizers in elementary and secondary
6	6	schools.
7	7	IN THE HOUSE OF REPRESENTATIVES
8	8	JANUARY10, 2023
9	9	Ms. J
10	10	ACKSONLEEintroduced the following bill; which was referred to the
11	11	Committee on Education and the Workforce, and in addition to the Com-
12	12	mittee on Energy and Commerce, for a period to be subsequently deter-
13	13	mined by the Speaker, in each case for consideration of such provisions
14	14	as fall within the jurisdiction of the committee concerned
15	15	A BILL
16	16	To establish a grant program for nebulizers in elementary
17	17	and secondary schools.
18	18	Be it enacted by the Senate and House of Representa-1
19	19	tives of the United States of America in Congress assembled, 2
20	20	SECTION 1. SHORT TITLE. 3
21	21	This Act may be cited as the ‘‘Breath of Fresh Air 4
22	22	Act’’. 5
23	23	SEC. 2. FINDINGS. 6
24	24	The Congress finds as follows: 7
25	25	(1) 25,000,000 people, including 7,000,000 8
26	26	children, have asthma. 9
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29	29	•HR 245 IH
30	30	(2) Almost 13,000,000 people report having an 1
31	31	asthma attack in the past year and asthma accounts 2
32	32	for nearly 2,000,000 emergency department visits 3
33	33	each year. 4
34	34	(3) Every day in the United States— 5
35	35	(A) 30,000 people have an asthma attack; 6
36	36	and 7
37	37	(B) 11 people die from asthma. 8
38	38	(4) Nearly 5,000,000 asthma sufferers are 9
39	39	under 18 years of age, and 1 out of every 10 school- 10
40	40	aged children has asthma. 11
41	41	(5) Minorities are adversely affected by asthma, 12
42	42	as— 13
43	43	(A) African Americans are 3 times more 14
44	44	likely to die from asthma; and 15
45	45	(B) Hispanics may have an elevated risk 16
46	46	for exposure to air pollution since a dispropor-17
47	47	tionate number live in areas failing to meet one 18
48	48	or more national standards for air pollutants. 19
49	49	(It is estimated that 80 percent of Hispanics 20
50	50	live in areas that failed to meet one United 21
51	51	States Environmental Protection Agency air 22
52	52	quality standard, compared to 65 percent of Af-23
53	53	rican Americans and 57 percent of Whites.) 24
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56	56	•HR 245 IH
57	57	SEC. 3. GRANT PROGRAM FOR NEBULIZERS. 1
58	58	(a) P
59	59	ROGRAMREQUIRED.—The Secretary of Edu-2
60	60	cation shall carry out a program under which the Sec-3
61	61	retary makes grants to local educational agencies, to be 4
62	62	used by the local educational agencies for one or both of 5
63	63	the following: 6
64	64	(1) To purchase nebulizers for use in elemen-7
65	65	tary and secondary schools served by the local edu-8
66	66	cational agency. 9
67	67	(2) To provide training to enable elementary 10
68	68	and secondary schools served by the local edu-11
69	69	cational agency to meet the requirements of sub-12
70	70	section (d)(1), but only if nebulizers are already in 13
71	71	use at such schools or are acquired through this pro-14
72	72	gram. 15
73	73	(b) E
74	74	LIGIBILITY.— 16
75	75	(1) L
76	76	OCAL EDUCATIONAL AGENCIES .—To be el-17
77	77	igible to receive a grant under this section, a local 18
78	78	educational agency shall submit an application to 19
79	79	the Secretary at such time, in such form, and con-20
80	80	taining such information as the Secretary may re-21
81	81	quire. 22
82	82	(2) E
83	83	LEMENTARY AND SECONDARY SCHOOLS .— 23
84	84	To be eligible to receive a nebulizer through a grant 24
85	85	under this section, a school may be any public or 25
86	86	private school served by the local educational agency, 26
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89	89	•HR 245 IH
90	90	except that an internet- or computer-based commu-1
91	91	nity school is not eligible. 2
92	92	(c) M
93	93	ATCHINGFUNDSREQUIRED.— 3
94	94	(1) I
95	95	N GENERAL.—To be eligible to receive a 4
96	96	grant under this section, the local educational agen-5
97	97	cy must provide matching funds from non-Federal 6
98	98	sources equal to not less than 25 percent of the 7
99	99	amount of the grant. 8
100	100	(2) W
101	101	AIVER.—The Secretary shall waive the re-9
102	102	quirement of paragraph (1) for a local educational 10
103	103	agency if the number of children counted under sec-11
104	104	tion 1124(c)(1)(A) of the Elementary and Secondary 12
105	105	Education Act of 1965 (20 U.S.C. 6333(c)(1)(A)) is 13
106	106	20 percent or more of the total number of children 14
107	107	aged 5 to 17, inclusive, served by the local edu-15
108	108	cational agency. 16
109	109	(d) T
110	110	RAINING ANDCOORDINATIONREQUIRED.—A 17
111	111	local educational agency that receives a grant under this 18
112	112	section shall demonstrate that, for each elementary and 19
113	113	secondary school at which the nebulizers are to be used— 20
114	114	(1) there is a full-time certified school nurse on 21
115	115	staff; 22
116	116	(2) the school has the trained personnel and 23
117	117	other resources necessary to use the nebulizers; 24
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120	120	•HR 245 IH
121	121	(3) local paramedics and other emergency serv-1
122	122	ices personnel are notified where on school grounds 2
123	123	the nebulizers are to be located; 3
124	124	(4) the nebulizer will be integrated into the 4
125	125	school’s emergency response plan or procedures; and 5
126	126	(5) the school has procedures in place to ensure 6
127	127	that parents are notified of the availability of the 7
128	128	nebulizers, how to provide their child’s prescription 8
129	129	asthma medication to the school, and how to author-9
130	130	ize use of a nebulizer to assist their child when 10
131	131	medically appropriate. 11
132	132	(e) P
133	133	RIORITY.—In making grants under this section, 12
134	134	the Secretary shall give priority to local educational agen-13
135	135	cies— 14
136	136	(1) having jurisdiction over a geographic area 15
137	137	with respect to which the Director of the Centers for 16
138	138	Disease Control and Prevention has determined that 17
139	139	the prevalence of asthma is at least 10 percent high-18
140	140	er than the national average; 19
141	141	(2) that do not already have at least one 20
142	142	nebulizer in each school served by the local edu-21
143	143	cational agency; 22
144	144	(3) that serve schools at which a significant 23
145	145	number of students, staff, and visitors are present 24
146	146	on school grounds during a typical day; and 25
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149	149	•HR 245 IH
150	150	(4) that have not received funds under the 1
151	151	Rural Access to Emergency Devices Act (42 U.S.C. 2
152	152	254c note). 3
153	153	(f) ESEA D
154	154	EFINITIONS.—The terms used in this sec-4
155	155	tion shall have the meanings given to such terms in section 5
156	156	8101 of the Elementary and Secondary Education Act of 6
157	157	1965 (20 U.S.C. 7801). 7
158	158	(g) A
159	159	UTHORIZATION OF APPROPRIATIONS.—There 8
160	160	are authorized to be appropriated to carry out this section 9
161	161	such sums as may be necessary for each of fiscal years 10
162	162	2023 through 2028. 11
163	163	SEC. 4. CONSTRUCTION. 12
164	164	Nothing in this Act shall be construed— 13
165	165	(1) to create liability for use of a nebulizer or 14
166	166	affect liability for such use that exists under other 15
167	167	law; or 16
168	168	(2) to supersede a State law regulating nursing. 17
169	169	Æ
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