I 
117TH CONGRESS 
1ST SESSION 
H. R. 136 
To establish a grant program for nebulizers in elementary and secondary 
schools. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2021 
Ms. JACKSON LEE introduced the following bill; which was referred to the 
Committee on Education and Labor, 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 with-
in 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 Representa-
tives 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. 
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(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 dispropor-
tionate 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 Af-
rican Americans and 57 percent of Whites.) 
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SEC. 3. GRANT PROGRAM FOR NEBULIZERS. 
(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 nebulizers for use in elemen-
tary and secondary schools served by the local edu-
cational 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 nebulizers are already in 
use at such schools or are acquired through this pro-
gram. 
(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 a nebulizer through a grant 
under this section, a school may be any public or 
private school served by the local educational agency, 
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except that an internet- or computer-based commu-
nity 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 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; 
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(3) local paramedics and other emergency serv-
ices 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 author-
ize 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 agen-
cies— 
(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 high-
er than the national average; 
(2) that do not already have at least one 
nebulizer in each school served by the local edu-
cational 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 
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(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 
2016 through 2021. 
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. 
Æ 
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