I 
117TH CONGRESS 
2D SESSION 
H. R. 8968 
To allow States and local educational agencies to use unspent COVID– 
19 elementary and secondary school emergency relief funds to purchase 
life-saving opioid antagonists and to provide related training and edu-
cation to students and teachers. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2022 
Mr. LAMBORN (for himself, Mr. BANKS, Mr. GROTHMAN, Mrs. HARTZLER, 
Mr. JACKSON, Mr. BABIN, Mr. DONALDS, Mr. MOORE of Alabama, Mr. 
ISSA, Mr. PFLUGER, Mr. NORMAN, Mr. NEGUSE, and Mr. BILIRAKIS) in-
troduced the following bill; which was referred to the Committee on Edu-
cation and Labor 
A BILL 
To allow States and local educational agencies to use unspent 
COVID–19 elementary and secondary school emergency 
relief funds to purchase life-saving opioid antagonists 
and to provide related training and education to students 
and teachers. 
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 ‘‘Protecting Kids from 
Fentanyl Act’’. 
VerDate Sep 11 2014 
05:01 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8968.IH
H8968
kjohnson on DSK79L0C42PROD with BILLS
SEC. 2. ADDITIONAL FUNDS FOR OPIOID ANTAGONISTS 
AND RELATED TRAINING AND EDUCATION. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, a State or local educational agency that has 
received funds under an ESSERF program may, in lieu 
of the original requested or authorized use for such funds, 
use a portion, or all, of the unexpended funds to carry 
out one or more of the following activities: 
(1) Purchase naloxone or other opioid antago-
nists. 
(2) Provide training to school nurses, teachers, 
school administrators, and school resource officers 
on how to administer naloxone or other opioid an-
tagonists. 
(3) Provide fentanyl awareness classes or mate-
rials to students. 
(b) LIMITATIONS ON SECRETARIAL AUTHORITY.— 
The Secretary of Education shall not— 
(1) require the use of funds under subsection 
(a) to be in response to, or in any way connected 
with, COVID–19; or 
(2) prevent or discourage a State or local edu-
cational agency from using ESSERF program funds 
to carry out any of the activities authorized under 
subsection (a). 
VerDate Sep 11 2014 
05:01 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8968.IH
H8968
kjohnson on DSK79L0C42PROD with BILLS
(c) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed to supercede any State law regulating 
the use of naloxone or other opioid antagonists in schools. 
(d) DEFINITIONS.—In this section: 
(1) ESSERF PROGRAM.—The term ‘‘ESSERF 
program’’ means a program carried out under— 
(A) section 18003 of the CARES Act (20 
U.S.C. 3401 note; Public Law 116–136); 
(B) section 313 of division M of the Con-
solidated Appropriations Act, 2021 (Public Law 
116–260; 134 Stat. 1929); or 
(C) section 2001 of the American Rescue 
Plan Act of 2021 (Public Law 117–2; 135 Stat. 
19). 
(2) FENTANYL AWARENESS CLASS OR MATE-
RIAL.—The term ‘‘fentanyl awareness class or mate-
rial’’ means any program, class, or educational ma-
terial designed to teach— 
(A) the dangers of using drugs which may 
be contaminated with fentanyl; 
(B) the prevention of drug abuse, including 
through safe disposal of prescription medica-
tions and other safety precautions; and 
(C) the detection of early warning signs of 
addiction in school-aged children and youth. 
VerDate Sep 11 2014 
05:01 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8968.IH
H8968
kjohnson on DSK79L0C42PROD with BILLS
(3) OPIOID
ANTAGONIST.—The term ‘‘opioid 
antagonist’’ means a medication approved by the 
Food and Drug Administration for the purpose of 
rapidly reversing an opioid overdose. 
Æ 
VerDate Sep 11 2014 
05:01 Oct 05, 2022
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H8968.IH
H8968
kjohnson on DSK79L0C42PROD with BILLS