I 

113TH CONGRESS 

2D SESSION H. R. 4108 

To establish a grant program for nebulizers in elementary and secondary 

schools. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 27, 2014 

Ms. JACKSON LEE (for herself, Mr. VARGAS, and Ms. CLARKE of New York) 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Breath of Fresh Air 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 


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1 (1) 25,000,000 people, including 7,000,000 

2 children, have asthma. 

3 (2) Almost 13,000,000 people report having an 

4 asthma attack in the past year and asthma accounts 

5 for nearly 2,000,000 emergency department visits 

6 each year. 

7 (3) Every day in the United States— 

8 (A) 30,000 people have an asthma attack; 

9 and 

10 (B) 11 people die from asthma. 

11 (4) Nearly 5,000,000 asthma sufferers are 

12 under 18 years of age, and 1 out of every 10 school13 aged children has asthma. 

14 (5) Minorities are adversely affected by asthma, 

15 as— 

16 (A) African-Americans are 3 times more 

17 likely to die from asthma; and 

18 (B) Hispanics may have an elevated risk 

19 for exposure to air pollution since a dispropor20 tionate number live in areas failing to meet one 

21 or more national standards for air pollutants. 

22 (It is estimated that 80 percent of Hispanics 

23 live in areas that failed to meet one United 

24 States Environmental Protection Agency air 


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1 quality standard, compared to 65 percent of Af2 rican-Americans and 57 percent of Whites.) 

3 SEC. 3. GRANT PROGRAM FOR NEBULIZERS. 

4 (a) PROGRAM REQUIRED.—The Secretary of Edu5 cation shall carry out a program under which the Sec6 retary makes grants to local educational agencies, to be 

7 used by the local educational agencies for one or both of 

8 the following: 

9 (1) To purchase nebulizers for use in elemen10 tary and secondary schools served by the local edu11 cational agency. 

12 (2) To provide training to enable elementary 

13 and secondary schools served by the local edu14 cational agency to meet the requirements of sub15 section (d)(1), but only if nebulizers are already in 

16 use at such schools or are acquired through this pro17 gram. 

18 (b) ELIGIBILITY.— 

19 (1) LOCAL EDUCATIONAL AGENCIES.—To be el20 igible to receive a grant under this section, a local 

21 educational agency shall submit an application to 

22 the Secretary at such time, in such form, and con23 taining such information as the Secretary may re24 quire. 


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1 (2) ELEMENTARY AND SECONDARY SCHOOLS.— 

2 To be eligible to receive a nebulizer through a grant 

3 under this section, a school may be any public or 

4 private school served by the local educational agency, 

5 except that an Internet- or computer-based commu6 nity school is not eligible. 

7 (c) MATCHING FUNDS REQUIRED.— 

8 (1) IN GENERAL.—To be eligible to receive a 

9 grant under this section, the local educational agen10 cy must provide matching funds from non-Federal 

11 sources equal to not less than 25 percent of the 

12 amount of the grant. 

13 (2) WAIVER.—The Secretary shall waive the re14 quirement of paragraph (1) for a local educational 

15 agency if the number of children counted under sec16 tion 1124(c)(1)(A) of the Elementary and Secondary 

17 Education Act of 1965 (20 U.S.C. 6333(c)(1)(A)) is 

18 20 percent or more of the total number of children 

19 aged 5 to 17, inclusive, served by the local edu20 cational agency. 

21 (d) TRAINING AND COORDINATION REQUIRED.—A 

22 local educational agency that receives a grant under this 

23 section shall demonstrate that, for each elementary and 

24 secondary school at which the nebulizers are to be used— 


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1 (1) there is a full-time certified school nurse on 

2 staff; 

3 (2) the school has the trained personnel and 

4 other resources necessary to use the nebulizers; 

5 (3) local paramedics and other emergency serv6 ices personnel are notified where on school grounds 

7 the nebulizers are to be located; 

8 (4) the nebulizer will be integrated into the 

9 school’s emergency response plan or procedures; and 

10 (5) the school has procedures in place to ensure 

11 that parents are notified of the availability of the 

12 nebulizers, how to provide their child’s prescription 

13 asthma medication to the school, and how to author14 ize use of a nebulizer to assist their child when 

15 medically appropriate. 

16 (e) PRIORITY.—In making grants under this section, 

17 the Secretary shall give priority to local educational agen18 cies— 

19 (1) having jurisdiction over a geographic area 

20 with respect to which the Director of the Centers for 

21 Disease Control and Prevention has determined that 

22 the prevalence of asthma is at least 10 percent high23 er than the national average; 


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1 (2) that do not already have at least one 

2 nebulizer in each school served by the local edu3 cational agency; 

4 (3) serve schools at which a significant number 

5 of students, staff, and visitors are present on school 

6 grounds during a typical day; and 

7 (4) that have not received funds under the 

8 Rural Access to Emergency Devices Act (42 U.S.C. 

9 254c note). 

10 (f) ESEA DEFINITIONS.—The terms used in this sec11 tion shall have the meanings given to such terms in section 

12 9101 of the Elementary and Secondary Education Act of 

13 1965 (20 U.S.C. 7801). 

14 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to carry out this section 

16 such sums as may be necessary for each of fiscal years 

17 2014 through 2019. 

18 SEC. 4. CONSTRUCTION. 

19 Nothing in this Act shall be construed— 

20 (1) to create liability for use of a nebulizer or 

21 affect liability for such use that exists under other 

22 law; or 

23 (2) to supersede a State law regulating nursing. 

Æ 


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