,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dajh ,,in ,,the ,,house ,,of ,,representatives ,february #bg1 #bjad ,ms4 ,jackson ,lee 7for herself1 ,mr4 ,vargas1 and ,ms4 ,clarke of ,new ,york7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 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 schools4 #a4 ,short title ,this ,act may be cited as the ,breath of ,fresh ,air ,act4 #b4 ,findings ,the ,congress finds as follows3 7#a7 #be1jjj1jjj people1 including #g1jjj1jjj children1 have asthma4 7#b7 ,almost #ac1jjj1jjj people report having an asthma attack in the past year and asthma accounts for nearly #b1jjj1jjj emergency department visits each year4 7#c7 ,every day in the ,united ,states-- 7,a7 #cj1jjj people have an asthma attack2 and 7,b7 #aa people die from asthma4 7#d7 ,nearly #e1jjj1jjj asthma sufferers are under #ah years of age1 and #a out of every #aj school-aged children has asthma4 7#e7 ,minorities are adversely affected by asthma1 as-- 7,a7 ,african-,americans are #c times more likely to die from asthma2 and 7,b7 ,hispanics may have an elevated risk for exposure to air pollution since a disproportionate number live in areas failing to meet one or more national standards for air pollutants4 7,it is estimated that #hj percent of ,hispanics live in areas that failed to meet one ,united ,states ,environmental ,protection ,agency air quality standard1 compared to #fe percent of ,african-,americans and #eg percent of ,whites47 #c4 ,grant program for nebulizers 7a7 ,program required ,the ,secretary of ,education shall carry out a program under which the ,secretary makes grants to local educational agencies1 to be used by the local educational agencies for one or both of the following3 7#a7 ,to purchase nebulizers for use in elementary and secondary schools served by the local educational agency4 7#b7 ,to provide training to enable elementary and secondary schools served by the local educational agency to meet the requirements of subsection 7d77#a71 but only if nebulizers are already in use at such schools or are acquired through this program4 7b7 ,eligibility 7#a7 ,local educational agencies ,to be eligible to receive a grant under this section1 a local educational agency shall submit an application to the ,secretary at such time1 in such form1 and containing such information as the ,secretary may require4 7#b7 ,elementary and secondary schools ,to be eligible to receive a nebulizer through a grant under this section1 a school may be any public or private school served by the local educational agency1 except that an ,internet- or computer-based community school is not eligible4 7c7 ,matching funds required 7#a7 ,in general ,to be eligible to receive a grant under this section1 the local educational agency must provide matching funds from non-,federal sources equal to not less than #be percent of the amount of the grant4 7#b7 ,waiver ,the ,secretary shall waive the requirement of paragraph 7#a7 for a local educational agency if the number of children counted under section #aabd7;c77#a77;,a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c77#a77;,a77 is #bj percent or more of the total number of children aged #e to #ag1 inclusive1 served by the local educational agency4 7d7 ,training and coordination required ,a local educational agency that receives a grant under this section shall demonstrate that1 for each elementary and secondary school at which the nebulizers are to be used-- 7#a7 there is a full-time certified school nurse on staff2 7#b7 the school has the trained personnel and other resources necessary to use the nebulizers2 7#c7 local paramedics and other emergency services personnel are notified where on school grounds the nebulizers are to be located2 7#d7 the nebulizer will be integrated into the school's emergency response plan or procedures2 and 7#e7 the school has procedures in place to ensure that parents are notified of the availability of the nebulizers1 how to provide their child's prescription asthma medication to the school1 and how to authorize use of a nebulizer to assist their child when medically appropriate4 7e7 ,priority ,in making grants under this section1 the ,secretary shall give priority to local educational agencies-- 7#a7 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 #aj percent higher than the national average2 7#b7 that do not already have at least one nebulizer in each school served by the local educational agency2 7#c7 serve schools at which a significant number of students1 staff1 and visitors are present on school grounds during a typical day2 and 7#d7 that have not received funds under the ,rural ,access to ,emergency ,devices ,act 7#db ,u4,s4,c4 #bed;c note74 7f7 ,,esea definitions ,the terms used in this section shall have the meanings given to such terms in section #iaja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7g7 ,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 #bjad through #bjai4 #d4 ,construction ,nothing in this ,act shall be construed-- 7#a7 to create liability for use of a nebulizer or affect liability for such use that exists under other law2 or 7#b7 to supersede a ,state law regulating nursing4