Protecting Kids from Fentanyl Act

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8968 Introduced in House (IH)]

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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 
                  education 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) introduced the 
 following bill; which was referred to the Committee on Education 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.

    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 ``Protecting Kids from Fentanyl Act''.

SEC. 2. ADDITIONAL FUNDS FOR OPIOID ANTAGONISTS AND RELATED TRAINING 
              AND EDUCATION.

    (a) In General.--Notwithstanding any other provision of law, a 
State or local educational agency that has received funds under an 
ESSERF program may, in lieu of the original requested or authorized use 
for such funds, use a portion, or all, of the unexpended funds to carry 
out one or more of the following activities:
            (1) Purchase naloxone or other opioid antagonists.
            (2) Provide training to school nurses, teachers, school 
        administrators, and school resource officers on how to 
        administer naloxone or other opioid antagonists.
            (3) Provide fentanyl awareness classes or materials to 
        students.
    (b) Limitations on Secretarial Authority.--The Secretary of 
Education shall not--
            (1) require the use of funds under subsection (a) to be in 
        response to, or in any way connected with, COVID-19; or
            (2) prevent or discourage a State or local educational 
        agency from using ESSERF program funds to carry out any of the 
        activities authorized under subsection (a).
    (c) Rule of Construction.--Nothing in this Act shall be construed 
to supercede any State law regulating the use of naloxone or other 
opioid antagonists in schools.
    (d) Definitions.--In this section:
            (1) ESSERF program.--The term ``ESSERF program'' means a 
        program carried out under--
                    (A) section 18003 of the CARES Act (20 U.S.C. 3401 
                note; Public Law 116-136);
                    (B) section 313 of division M of the Consolidated 
                Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 
                1929); or
                    (C) section 2001 of the American Rescue Plan Act of 
                2021 (Public Law 117-2; 135 Stat. 19).
            (2) Fentanyl awareness class or material.--The term 
        ``fentanyl awareness class or material'' means any program, 
        class, or educational material designed to teach--
                    (A) the dangers of using drugs which may be 
                contaminated with fentanyl;
                    (B) the prevention of drug abuse, including through 
                safe disposal of prescription medications and other 
                safety precautions; and
                    (C) the detection of early warning signs of 
                addiction in school-aged children and youth.
            (3) Opioid antagonist.--The term ``opioid antagonist'' 
        means a medication approved by the Food and Drug Administration 
        for the purpose of rapidly reversing an opioid overdose.
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