[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2468 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  2d Session
                                H. R. 2468


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 30 (legislative day, September 29), 2020

     Received; read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 AN ACT


 
   To amend the Public Health Service Act to increase the preference 
  given, in awarding certain allergies and asthma-related grants, to 
States that require certain public schools to have allergies and asthma 
              management programs, 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 ``School-Based Allergies and Asthma 
Management Program Act''.

SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES THAT REQUIRE CERTAIN 
              PUBLIC SCHOOLS TO HAVE ALLERGIES AND ASTHMA MANAGEMENT 
              PROGRAMS.

    Section 399L(d) of the Public Health Service Act (42 U.S.C. 
280g(d)) is amended--
            (1) in paragraph (1)(F)--
                    (A) by redesignating clauses (i), (ii), and (iii) 
                as subclauses (I), (II), and (III), respectively, and 
                moving each of such subclauses (as so redesignated) 2 
                ems to the right;
                    (B) by striking ``epinephrine.--In determining'' 
                and inserting ``epinephrine or school comprehensive 
                allergies and asthma management program.--
                            ``(i) In general.--In determining'';
                    (C) by striking ``in the State--'' and inserting 
                ``in the State satisfy the criteria described in clause 
                (ii) or clause (iii).
                            ``(ii) Criteria for school personnel 
                        administration of epinephrine.--For purposes of 
                        clause (i), the criteria described in this 
                        clause, with respect to each public elementary 
                        school and secondary school in the State, are 
                        that each such school--''; and
                    (D) by adding at the end the following new clause:
                            ``(iii) Criteria for school comprehensive 
                        allergies and asthma management program.--For 
                        purposes of clause (i), the criteria described 
                        in this clause, with respect to each public 
                        elementary school and secondary school in the 
                        State, are that each such school--
                                    ``(I) has in place a plan for 
                                having on the premises of the school 
                                during all operating hours of the 
                                school a school nurse or one or more 
                                other individuals who are designated by 
                                the principal (or other appropriate 
                                administrative staff) of the school to 
                                direct and apply the program described 
                                in subclause (II) on a voluntary basis 
                                outside their scope of employment; and
                                    ``(II) has in place, under the 
                                direction of a school nurse or other 
                                individual designated under subclause 
                                (I), a comprehensive school-based 
                                allergies and asthma management program 
                                that includes--
                                            ``(aa) a method to identify 
                                        all students of such school 
                                        with a diagnosis of allergies 
                                        and asthma;
                                            ``(bb) an individual 
                                        student allergies and asthma 
                                        action plan for each student of 
                                        such school with a diagnosis of 
                                        allergies and asthma;
                                            ``(cc) allergies and asthma 
                                        education for school staff who 
                                        are directly responsible for 
                                        students who have been 
                                        identified as having allergies 
                                        or asthma, such as education 
                                        regarding basics, management, 
                                        trigger management, and 
                                        comprehensive emergency 
                                        responses with respect to 
                                        allergies and asthma;
                                            ``(dd) efforts to reduce 
                                        the presence of environmental 
                                        triggers of allergies and 
                                        asthma; and
                                            ``(ee) a system to support 
                                        students with a diagnosis of 
                                        allergies or asthma through 
                                        coordination with family 
                                        members of such students, 
                                        primary care providers of such 
                                        students, primary asthma or 
                                        allergy care providers of such 
                                        students, and others as 
                                        necessary.''; and
            (2) in paragraph (3)(E)--
                    (A) in the matter preceding clause (i), by 
                inserting ``, such as the school nurse'' after 
                ``individual''; and
                    (B) in clause (i), by inserting ``school nurse or'' 
                before ``principal''.

            Passed the House of Representatives September 29, 2020.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.