H.R. 8968, Protecting Kids from Fentanyl Act
Summary
H.R. 8968, the Protecting Kids from Fentanyl Act, is a bill introduced in the House of Representatives on September 22, 2022 by Mr. Lamborn. Its stated purpose is 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. Section 2 provides that a State or local educational agency that has received funds under an ESSERF program may use a portion, or all, of the unexpended funds for activities including purchasing naloxone or other opioid antagonists and providing training to school nurses, teachers, school administrators, and school resource officers.
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Cite this document
“H.R. 8968, Protecting Kids from Fentanyl Act.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr8968ih-bills-117hr8968ih/
, SHA-256 005e61a8236693089f482b22ffa1acd21f41a48d92ca6f70863fe774de655ff1.Full text
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.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Protecting Kids from
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5 Fentanyl Act’’.
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1 SEC. 2. ADDITIONAL FUNDS FOR OPIOID ANTAGONISTS
2 AND RELATED TRAINING AND EDUCATION.
3 (a) IN GENERAL.—Notwithstanding any other provi-
4 sion of law, a State or local educational agency that has
5 received funds under an ESSERF program may, in lieu
6 of the original requested or authorized use for such funds,
7 use a portion, or all, of the unexpended funds to carry
8 out one or more of the following activities:
9 (1) Purchase naloxone or other opioid antago-
10 nists.
11 (2) Provide training to school nurses, teachers,
12 school administrators, and school resource officers
13 on how to administer naloxone or other opioid an-
14 tagonists.
15 (3) Provide fentanyl awareness classes or mate-
16 rials to students.
17 (b) LIMITATIONS ON SECRETARIAL AUTHORITY.—
18 The Secretary of Education shall not—
19 (1) require the use of funds under subsection
20 (a) to be in response to, or in any way connected
21 with, COVID–19; or
22 (2) prevent or discourage a State or local edu-
23 cational agency from using ESSERF program funds
24 to carry out any of the activities authorized under
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25 subsection (a).
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1 (c) RULE OF CONSTRUCTION.—Nothing in this Act
2 shall be construed to supercede any State law regulating
3 the use of naloxone or other opioid antagonists in schools.
4 (d) DEFINITIONS.—In this section:
5 (1) ESSERF PROGRAM.—The term ‘‘ESSERF
6 program’’ means a program carried out under—
7 (A) section 18003 of the CARES Act (20
8 U.S.C. 3401 note; Public Law 116–136);
9 (B) section 313 of division M of the Con-
10 solidated Appropriations Act, 2021 (Public Law
11 116–260; 134 Stat. 1929); or
12 (C) section 2001 of the American Rescue
13 Plan Act of 2021 (Public Law 117–2; 135 Stat.
14 19).
15 (2) FENTANYL AWARENESS CLASS OR MATE-
16 RIAL.—The term ‘‘fentanyl awareness class or mate-
17 rial’’ means any program, class, or educational ma-
18 terial designed to teach—
19 (A) the dangers of using drugs which may
20 be contaminated with fentanyl;
21 (B) the prevention of drug abuse, including
22 through safe disposal of prescription medica-
23 tions and other safety precautions; and
24 (C) the detection of early warning signs of
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25 addiction in school-aged children and youth.
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1 (3) OPIOID ANTAGONIST.—The term ‘‘opioid
2 antagonist’’ means a medication approved by the
3 Food and Drug Administration for the purpose of
4 rapidly reversing an opioid overdose.
Æ
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