I 
109TH CONGRESS 
1ST SESSION 
H. R. 172
To authorize the Secretary of Health and Human Services to carry out 
programs regarding the prevention and management of asthma, allergies, 
and related respiratory problems, to establish a tax credit regarding 
pest control and indoor air quality and climate control services for 
multifamily residential housing in low-income communities, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2005
Ms. MILLENDER-MCDONALD introduced the following bill; which was referred 
to the Committee on Energy and Commerce, and in addition to the Com-
mittee on Ways and Means, 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 authorize the Secretary of Health and Human Services 
to carry out programs regarding the prevention and man-
agement of asthma, allergies, and related respiratory 
problems, to establish a tax credit regarding pest control 
and indoor air quality and climate control services for 
multifamily residential housing in low-income commu-
nities, and for other purposes.
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 ‘‘Asthma Awareness, 
Education and Treatment Act of 2005’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
(1) Asthma is a chronic lung condition that af-
fects an estimated 14,600,000 Americans, including 
4,800,000 children. 
(2) An estimated 40,000,000 to 50,000,000 
Americans suffer from allergies, including allergic 
asthma. 
(3) Asthma is the most common chronic res-
piratory disease of children, accounting for 25 per-
cent of school absenteeism, and is the third leading 
cause of preventable hospitalizations. 
(4) During the period 1980 through 1994 the 
prevalence of pediatric asthma increased by 72 per-
cent, and the percentage of preschool children with 
asthma increased by 160 percent. 
(5) The prevalence of asthma is greater in 
women than in men (5.6 percent of women as com-
pared to 5.1 percent of men). 
(6) Asthma has a disparate impact on low in-
come families, i.e, a family of four with an income 
of less than $17,650. In households with an annual 
income of less than $10,000, 79.2 of 1,000 individ-
uals who are under the age of 45 have asthma, while 
in families with an annual income of between 
$20,000 and $35,000, 53.6 of 1,000 individuals 
under the age of 45 have asthma. 
(7) In 1997, more than 5,000 Americans died 
from asthma attacks. During the period 1993 
through 1995, the average number of deaths from 
asthma for African Americans was 38.5 deaths per 
million individuals, while the average for Caucasians 
was 15.1 deaths per million. 
(8) Asthma is estimated to cost the United 
States over $12,000,000,000 annually and the rise 
in the prevalence of asthma will lead to higher costs 
in the future. 
(9) African Americans are five times more like-
ly than other segments of the population to seek 
care for asthma at an emergency room. 
(10) The asthma death rate is four times high-
er among African American children and two times 
higher among all African Americans. 
(11) Exercise improves the physical and psycho-
logical well-being of children. Children with asthma 
require treatment programs that are tailored to their 
unique needs because in some instances, exercise can 
trigger negative response among asthmatics.
SEC. 3. GRANTS FOR PROJECTS FOR ASTHMA-RELATED AC-
TIVITIES FOR LOW-INCOME COMMUNITIES. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services (in this section referred to as the ‘‘Sec-
retary’’) may make grants to public and nonprofit private 
entities for the purpose of carrying out projects to provide 
for individuals in low-income communities—
(1) screenings and referrals regarding asthma, 
allergies, and related respiratory problems in accord-
ance with subsection (b); 
(2) information and education regarding such 
conditions in accordance with subsection (c); and 
(3) workshops regarding such conditions that 
are provided for parents, teachers, physical edu-
cation instructors, school nurses, school counselors, 
athletic coaches, and other individuals who serve in 
supervisory roles of children in such communities. 
(b) SCREENINGS AND REFERRALS.—The Secretary 
shall ensure that screenings and referrals regarding asth-
ma, allergies, and related respiratory problems under sub-
section (a) are comprehensive, and that the settings in 
which the screenings and referrals are provided include—
(1) traditional medical settings such as hos-
pitals, health clinics, and the offices of physicians; 
and
(2) nontraditional settings for the provision of 
such services, such as nurseries, elementary and sec-
ondary schools, community centers, public housing 
units, volunteer organizations, convenience stores, 
local governmental offices, day care centers, sites 
that offer nutrition-related services for women, in-
fants, and children, and governmental offices that 
provide cash assistance for low-income individuals. 
(c) INFORMATION AND EDUCATION.—The Secretary 
shall ensure that information and education on asthma, 
allergies, and related respiratory problems under sub-
section (a) is provided in accordance with the following: 
(1) The information and education is provided 
in the language and cultural context that is most ap-
propriate for the individuals for whom the informa-
tion and education is intended. 
(2) The information and education includes in-
formation and education to increase understanding 
on the following: 
(A) The symptoms of the conditions. 
(B) Preventing the conditions. 
(C) Monitoring and managing the condi-
tions, including—
(i) avoiding circumstances that may 
cause asthma attacks or other respiratory 
problems; and 
(ii) being aware of appropriate medi-
cation options, such as the need as appro-
priate to keep in one’s possession an asth-
ma inhaler. 
(D) The importance of developing a treat-
ment plan that permits asthmatic children to 
regularly engage in sports and other physical 
activities. 
(3) The settings in which the information and 
education are provided include traditional settings 
such as the settings described in subsection (b)(1) 
and nontraditional settings such as the settings de-
scribed in subsection (b)(2). 
(d) EVALUATIONS
OF PROJECTS.—The Secretary 
shall (directly or through contract) provide for the evalua-
tion of projects carried under subsection (a), including—
(1) determining the number of low income chil-
dren and adults who have received screenings and 
referrals through the projects; 
(2) determining the extent to which the projects 
have had an effect on the manner in which individ-
uals served by the projects prevent and manage
asthma, allergies, and related respiratory problems; 
and 
(3) evaluating the effectiveness of materials 
used in providing information and education. 
(e) INCLUSION IN PROJECT OF LOCAL COMMUNITY-
BASED ORGANIZATION.—A condition for the receipt of a 
grant under subsection (a) is that—
(1) the applicant for the grant be a community-
based organization that provides services in the low-
income community in which the project under such 
subsection is to be carried out; or 
(2) the applicant for the grant demonstrate to 
the Secretary that one or more representatives from 
such an organization will play a substantial role in 
carrying out the project. 
(f) APPLICATION FOR GRANT.—The Secretary may 
make a grant under subsection (a) only if an application 
for the grant is submitted to the Secretary and the appli-
cation is in such form, is made in such manner, and con-
tains such agreements, assurances, and information as the 
Secretary determines to be necessary to carry out this sec-
tion. 
(g) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of carrying out this section, there are authorized 
to be appropriated $8,000,000 for fiscal year 2006, and
such sums as may be necessary for each of the fiscal years 
2007 through 2010. 
SEC. 4. NATIONAL MEDIA CAMPAIGN TO PROVIDE ASTHMA-
RELATED INFORMATION. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services (in this section referred to as the ‘‘Sec-
retary’’) may make awards of contracts to provide for a 
national media campaign to provide to the public and 
health care providers information on asthma, allergies, 
and related respiratory problems, with priority given to the 
occurrence of such conditions in children. Funds for the 
campaign will be spent from the appropriated sum of 
$5,000,000. 
(b) CERTAIN REQUIREMENTS.—The Secretary shall 
ensure that the national media campaign under subsection 
(a) is carried out in accordance with the following: 
(1) The campaign provides information regard-
ing the prevention and management of asthma, al-
lergies, and related respiratory problems. 
(2) With respect to a community in which the 
campaign is carried out—
(A) the campaign provides information re-
garding the availability in the community of 
programs that provide screenings, referrals, and
treatment regarding such conditions and train-
ing in managing the conditions; and 
(B) the campaign is carried out in the lan-
guage and cultural context that is most appro-
priate for the individuals for whom the cam-
paign is intended. 
The campaign message, while tailored to the affected pop-
ulation, should have universal appeal and application to 
populations with different demographic backgrounds. 
(c) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of carrying out this section, there are authorized 
to be appropriated $600,000 for fiscal year 2006, and 
such sums as may be necessary for each of the fiscal years 
2007 through 2010. 
SEC. 5. TAX CREDIT FOR DONATIONS OF PEST CONTROL 
SERVICES AND HEATING, VENTILATION, AND 
AIR CONDITIONING SERVICES. 
(a) IN GENERAL.—Subpart D of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of 
1986 (relating to business related credits) is amended by 
adding at the end the following new section:
‘‘SEC. 45J. CREDIT FOR DONATIONS OF PEST CONTROL 
SERVICES AND HEATING, VENTILATION, AND 
AIR CONDITIONING SERVICES. 
‘‘(a) IN GENERAL.—For purposes of section 38, in 
the case of a taxpayer engaged in the trade or business 
of providing pest control services or heating, ventilation, 
and air conditioning services, the donation credit deter-
mined under this section for the taxable year is an amount 
equal to the aggregate cost (including wages) paid or in-
curred by the taxpayer during the taxable year in pro-
viding qualified pest control services and qualified heating, 
ventilation, and air conditioning services. 
‘‘(b) PROVIDER MUST BE LICENSED.—No amount 
shall be taken into account for purposes of subsection (a) 
by a taxpayer unless the taxpayer is licensed and certified 
in the type of service provided. 
‘‘(c) DEFINITIONS.—For purposes of this section—
‘‘(1) IN GENERAL.—The terms ‘qualified pest 
control services’ and ‘qualified heating, ventilation, 
and air conditioning services’ means pest control 
services or heating, ventilation, and air conditioning 
services (as the case may be) provided without 
charge in—
‘‘(A) any public housing (as defined in sec-
tion 3(b) of the United States Housing Act of 
1937), or
‘‘(B) any multifamily residential rental 
property if it is reasonably expected that at 
least 75 percent of the occupants of the dwell-
ing units have incomes below 200 percent of the 
official poverty line, 
but only if such services are part of a good faith ef-
fort (including follow-up treatments) to locate the 
source(s) of pest or indoor air quality problems 
known to trigger symptoms of asthma or allergies, 
remedy the problem, and provide maintenance serv-
ices that will keep indoor air climates free of pest 
and indoor air allergens and if such services are 
verified in such manner as the Secretary shall pre-
scribe. 
‘‘(2) PEST CONTROL SERVICES.—For purposes 
of paragraph (1), the term ‘pest control services’ 
means services—
‘‘(A) to eliminate cockroaches, dust mites, 
animal dander, and mold, and 
‘‘(B) to eliminate mice, rats, vermin, and 
other rodents. 
‘‘(3) HEATING, VENTILATION, AND AIR CONDI-
TIONING SERVICES.—The term ‘heating, ventilation, 
and air conditioning services’ shall include source re-
mediation of poor indoor air quality.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 38(b) of such Code is amended by 
striking ‘‘plus’’ at the end of paragraph (18), by 
striking the period at the end of paragraph (19) and 
inserting ‘‘, plus’’, and by adding at the end the fol-
lowing new paragraph: 
‘‘(20) in the case of a taxpayer engaged in the 
trade or business of providing pest control or heat-
ing, ventilation, and air conditioning services (as de-
fined in section 45J(c), the donation credit deter-
mined under section 45J.’’. 
(2) The table of sections for subpart D of part 
IV of subchapter A of chapter 1 of such Code is 
amended by adding at the end the following new 
item:
‘‘Sec. 45J. Credit for donations of pest control services and heating, ventilation, 
and air conditioning services.’’.
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2005. 
SEC. 6. GRANT PROGRAM REGARDING AWARENESS OF TAX 
CREDIT FOR DONATIONS OF PEST CONTROL 
AND CLIMATE CONTROL SERVICES. 
The Secretary of Health and Human Services shall, 
directly or through grants or contracts, carry out a pro-
gram to disseminate information about the pest and ven-
tilation initiative under section 45J of the Internal Rev-
enue Code of 1986. 
SEC. 7. RESEARCH ON RELATIONSHIP BETWEEN AIR POL-
LUTANTS AND ASTHMA-RELATED PROBLEMS. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services (in this section referred to as the ‘‘Sec-
retary’’), in consultation with the Administrator of the En-
vironmental Protection Agency, shall (directly or through 
grants and contracts) provide for the conduct of research 
for the purpose of determining whether and to what extent 
there is a causal relationship between air pollutants and 
the occurrence of asthma, allergies, and related res-
piratory problems. 
(b) REQUIREMENT REGARDING CLINICAL PARTICI-
PANTS.—
(1) IN GENERAL.—In providing for the conduct 
of clinical research under subsection (a), the Sec-
retary shall give priority to providing to individuals 
described in paragraph (2) opportunities to undergo 
clinical evaluations for purposes of the research. 
(2) RELEVANT POPULATIONS.—For purposes of 
paragraph (1), the individuals referred to in this 
paragraph are individuals who are residents of com-
munities in which the average family income is at or 
below 200 percent of the official poverty line, as es-
tablished by the Director of the Office of Manage-
ment and Budget and revised by the Secretary in ac-
cordance with section 673(2) of the Omnibus Budget 
Reconciliation Act of 1981. 
SEC. 8. COORDINATION OF FEDERAL ACTIVITIES TO AD-
DRESS 
ASTHMA-RELATED 
HEALTH 
CARE 
NEEDS. 
(a) IN GENERAL.—The Director of the National 
Heart, Lung, and Blood Institute shall, through the Na-
tional Asthma Education Prevention Program Coordi-
nating Committee—
(1) identify all Federal programs that carry out 
asthma-related activities; 
(2) develop, in consultation with appropriate 
Federal agencies and professional and voluntary 
health organizations, a Federal plan for responding 
to asthma; and 
(3) not later than 12 months after the date of 
enactment of this Act, submit recommendations to 
the Congress on ways to strengthen and improve the 
coordination of asthma-related activities of the Fed-
eral Government. 
(b) REPRESENTATION
OF
THE DEPARTMENT
OF 
HOUSING AND URBAN DEVELOPMENT.—A representative 
of the Department of Housing and Urban Development
shall be included on the National Asthma Education Pre-
vention Program Coordinating Committee for the purpose 
of performing the tasks described in subsection (a). 
(c) AUTHORIZATION OF APPROPRIATIONS.—Out of 
any funds otherwise appropriated for the National Insti-
tutes of Health, $5,000,000 shall be made available to the 
National Asthma Education Prevention Program for the 
period of fiscal years 2006 through 2010 for the purpose 
of carrying out this section. Funds made available under 
this subsection shall be in addition to any other funds ap-
propriated to the National Asthma Education Prevention 
Program for any fiscal year during such period. 
SEC. 9. COMPILATION OF DATA BY CENTERS FOR DISEASE 
CONTROL AND PREVENTION. 
The Director of the Centers for Disease Control and 
Prevention, in consultation with the National Asthma 
Education Prevention Program Coordinating Committee, 
shall—
(1) conduct local asthma surveillance activities 
to collect data on the prevalence and severity of 
asthma and the quality of asthma management, in-
cluding—
(A) telephone surveys to collect sample 
household data on the local burden of asthma; 
and
(B) health care facility specific surveillance 
to collect asthma data on the prevalence and se-
verity of asthma, and on the quality of asthma 
care; and 
(2) compile and annually publish data on—
(A) the prevalence of children suffering 
from asthma in each State; and 
(B) the childhood mortality rate associated 
with asthma nationally and in each State.
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