[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1149 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1149

 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

                             March 6, 2003

    Ms. Millender-McDonald (for herself, Ms. Norton, and Mr. Owens) 
 introduced the following bill; which was referred to the Committee on 
   Energy and Commerce, and in addition to the Committee 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 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.

    Be it enacted by the Senate and House of Representatives 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 2003''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Asthma is a chronic lung condition that affects 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 respiratory disease 
        of children, accounting for 25 percent 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 percent, 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 compared to 5.1 percent of men).
            (6) Asthma has a disparate impact on low income 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 individuals 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 likely than other 
        segments of the population to seek care for asthma at an 
        emergency room.
            (10) The asthma death rate is four times higher among 
        African American children and two times higher among all 
        African Americans.
            (11) Exercise improves the physical and psychological 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 ACTIVITIES FOR LOW-
              INCOME COMMUNITIES.

    (a) In General.--The Secretary of Health and Human Services (in 
this section referred to as the ``Secretary'') 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 accordance 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 education 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 asthma, allergies, and related 
respiratory problems under subsection (a) are comprehensive, and that 
the settings in which the screenings and referrals are provided 
include--
            (1) traditional medical settings such as hospitals, health 
        clinics, and the offices of physicians; and
            (2) nontraditional settings for the provision of such 
        services, such as nurseries, elementary and secondary schools, 
        community centers, public housing units, volunteer 
        organizations, convenience stores, local governmental offices, 
        day care centers, sites that offer nutrition-related services 
        for women, infants, 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 subsection (a) is provided in accordance with the 
following:
            (1) The information and education is provided in the 
        language and cultural context that is most appropriate for the 
        individuals for whom the information and education is intended.
            (2) The information and education includes information and 
        education to increase understanding on the following:
                    (A) The symptoms of the conditions.
                    (B) Preventing the conditions.
                    (C) Monitoring and managing the conditions, 
                including--
                            (i) avoiding circumstances that may cause 
                        asthma attacks or other respiratory problems; 
                        and
                            (ii) being aware of appropriate medication 
                        options, such as the need as appropriate to 
                        keep in one's possession an asthma inhaler.
                    (D) The importance of developing a treatment 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 described in subsection (b)(2).
    (d) Evaluations of Projects.--The Secretary shall (directly or 
through contract) provide for the evaluation of projects carried under 
subsection (a), including--
            (1) determining the number of low income children 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 individuals 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 application is in such form, is made in such manner, 
and contains such agreements, assurances, and information as the 
Secretary determines to be necessary to carry out this section.
    (g) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $8,000,000 
for fiscal year 2004, and such sums as may be necessary for each of the 
fiscal years 2005 through 2008.

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 ``Secretary'') 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 regarding the 
        prevention and management of asthma, allergies, and related 
        respiratory problems.
            (2) With respect to a community in which the campaign is 
        carried out--
                    (A) the campaign provides information regarding the 
                availability in the community of programs that provide 
                screenings, referrals, and treatment regarding such 
                conditions and training in managing the conditions; and
                    (B) the campaign is carried out in the language and 
                cultural context that is most appropriate for the 
                individuals for whom the campaign is intended.
The campaign message, while tailored to the affected population, 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 2004, and such sums as may be necessary for each of the 
fiscal years 2005 through 2008.

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 subchapter 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. 45G. 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 determined under this section for the taxable year is 
an amount equal to the aggregate cost (including wages) paid or 
incurred by the taxpayer during the taxable year in providing 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 section 
                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 dwelling units have incomes 
                below 200 percent of the official poverty line,
        but only if such services are part of a good faith effort 
        (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 services 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 prescribe.
            ``(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 conditioning 
        services.--The term `heating, ventilation, and air conditioning 
        services' shall include source remediation of poor indoor air 
        quality.''.
    (b) Conforming Amendments.--
            (1) Section 38(b) of such Code is amended--
                    (A) by striking ``plus'' at the end of paragraph 
                (14),
                    (B) by striking the period at the end of paragraph 
                (15), and inserting a comma and ``plus'', and
                    (C) by adding at the end the following new 
                paragraph:
            ``(16) in the case of a taxpayer engaged in the trade or 
        business of providing pest control or climate control services 
        (as defined in section 45G(b)(2)), the donation credit 
        determined under section 45G.''.
            (2) Subsection (d) of section 39 of such Code (relating to 
        carryback and carryforward of unused credits) is amended by 
        adding at the end the following new paragraph:
            ``(11) No carryback of section 45g credit before january 1, 
        2004.--No portion of the unused business credit for any taxable 
        year which is attributable to the credit determined under 
        section 45G may be carried back to a taxable year beginning 
        before January 1, 2004.''.
            (3) 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. 45G. 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, 2003.

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 program to disseminate 
information about the pest and ventilation initiative under section 45G 
of the Internal Revenue Code of 1986.

SEC. 7. RESEARCH ON RELATIONSHIP BETWEEN AIR POLLUTANTS AND ASTHMA-
              RELATED PROBLEMS.

    (a) In General.--The Secretary of Health and Human Services (in 
this section referred to as the ``Secretary''), in consultation with 
the Administrator of the Environmental 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 respiratory problems.
    (b) Requirement Regarding Clinical Participants.--
            (1) In general.--In providing for the conduct of clinical 
        research under subsection (a), the Secretary 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 communities in which the average family 
        income is at or below 200 percent of the official poverty line, 
        as established by the Director of the Office of Management and 
        Budget and revised by the Secretary in accordance with section 
        673(2) of the Omnibus Budget Reconciliation Act of 1981.

SEC. 8. COORDINATION OF FEDERAL ACTIVITIES TO ADDRESS ASTHMA-RELATED 
              HEALTH CARE NEEDS.

    (a) In General.--The Director of the National Heart, Lung, and 
Blood Institute shall, through the National Asthma Education Prevention 
Program Coordinating 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 Federal 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 
Prevention 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 Institutes of Health, $5,000,000 shall be 
made available to the National Asthma Education Prevention Program for 
the period of fiscal years 2004 through 2008 for the purpose of 
carrying out this section. Funds made available under this subsection 
shall be in addition to any other funds appropriated 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, including--
                    (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 severity 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.
                                 <all>