[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3980 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3980

 To direct the Secretary of Health and Human Services, in consultation 
 with the Secretary of Education, to develop a policy for managing the 
 risk of food allergy and anaphylaxis in schools, to establish school-
     based food allergy management grants, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 28, 2006

 Mr. Dodd (for himself, Mr. Frist, Mr. Harkin, Mrs. Clinton, Mr. Reed, 
and Mr. Durbin) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Health and Human Services, in consultation 
 with the Secretary of Education, to develop a policy for managing the 
 risk of food allergy and anaphylaxis in schools, to establish school-
     based food allergy management grants, 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 ``Food Allergy and Anaphylaxis 
Management Act of 2006''.

SEC. 2. FINDINGS.

    Congress finds as follows:
            (1) Food allergy is an increasing food safety and public 
        health concern in the United States, especially among students.
            (2) Peanut allergy doubled among students from 1997 to 
        2002.
            (3) In a 2003 survey of 400 elementary school nurses, 37 
        percent reported having at least 10 students with severe food 
        allergies and 62 percent reported having at least 5.
            (4) 44 percent of the elementary school nurses surveyed 
        reported that the number of students in their school with food 
        allergy had increased over the past 5 years, while only 2 
        percent reported a decrease.
            (5) In a 2001 study of 32 fatal food-allergy induced 
        anaphylactic reactions (the largest study of its kind to date), 
        more than half (53 percent) of the individuals were aged 18 or 
        younger.
            (6) 8 foods account for 90 percent of all food-allergic 
        reactions: milk, eggs, fish, shellfish, tree nuts, peanuts, 
        wheat, and soy.
            (7) Currently, there is no cure for food allergies; strict 
        avoidance of the offending food is the only way to prevent a 
        reaction.
            (8) Anaphylaxis, or anaphylactic shock, is a systemic 
        allergic reaction that can kill within minutes.
            (9) Food-allergic reactions are the leading cause of 
        anaphylaxis outside the hospital setting, accounting for an 
        estimated 30,000 emergency room visits, 2,000 hospitalizations, 
        and 150 to 200 deaths each year in the United States.
            (10) Fatalities from anaphylaxis are associated with a 
        delay in the administration of epinephrine (adrenaline), or 
        when epinephrine was not administered at all. In a study of 13 
        food allergy-induced anaphylactic reactions in school-age 
        children (6 fatal and 7 near fatal), only 2 of the children who 
        died received epinephrine within 1 hour of ingesting the 
        allergen, and all but 1 of the children who survived received 
        epinephrine within 30 minutes.
            (11) The importance of managing life-threatening food 
        allergies in the school setting has been recognized by the 
        American Medical Association, the American Academy of 
        Pediatrics, the American Academy of Allergy, Asthma and 
        Immunology, the American College of Allergy, Asthma and 
        Immunology, and the National Association of School Nurses.
            (12) There are no Federal guidelines concerning the 
        management of life-threatening food allergies in the school 
        setting.
            (13) Three-quarters of the elementary school nurses 
        surveyed reported developing their own training guidelines.
            (14) Relatively few schools actually employ a full-time 
        school nurse. Many are forced to cover more than 1 school, and 
        are often in charge of hundreds if not thousands of students.
            (15) Parents of students with severe food allergies often 
        face entirely different food allergy management approaches when 
        their students change schools or school districts.
            (16) In a study of food allergy reactions in schools and 
        day-care settings, delays in treatment were attributed to a 
        failure to follow emergency plans, calling parents instead of 
        administering emergency medications, and an inability to 
        administer epinephrine.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) ESEA definitions.--The terms ``local educational 
        agency'', ``secondary school'', and ``elementary school'' have 
        the meanings given the terms in section 9101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (2) School.--The term ``school'' includes public--
                    (A) kindergartens;
                    (B) elementary schools; and
                    (C) secondary schools.
            (3) Secretaries.--The term ``Secretaries'' means the 
        Secretary of Health and Human Services, in consultation with 
        the Secretary of Education.

SEC. 4. ESTABLISHMENT OF FOOD ALLERGY AND ANAPHYLAXIS MANAGEMENT 
              POLICY.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Secretaries shall--
            (1) develop a policy to be used on a voluntary basis to 
        manage the risk of food allergy and anaphylaxis in schools; and
            (2) make such policy available to local educational 
        agencies and other interested individuals and entities.
    (b) Contents.--The policy developed by the Secretaries under 
subsection (a) shall contain guidelines that address each of the 
following:
            (1) Parental obligation to provide the school, prior to the 
        start of every school year, with documentation from the 
        student's physician or nurse--
                    (A) supporting a diagnosis of food allergy and 
                anaphylaxis;
                    (B) identifying any food to which the student is 
                allergic;
                    (C) describing, if appropriate, any prior history 
                of anaphylaxis;
                    (D) listing any medication prescribed for the 
                student for the treatment of anaphylaxis;
                    (E) detailing emergency treatment procedures in the 
                event of a reaction;
                    (F) listing the signs and symptoms of a reaction;
                    (G) assessing the student's readiness for self-
                administration of prescription medication; and
                    (H) providing a list of substitute meals that may 
                be offered by school food service personnel.
            (2) The creation and maintenance of an individual health 
        care plan tailored to the needs of each student with a 
        documented risk for anaphylaxis, including any procedures for 
        the self-administration of medication by such students in 
        instances where--
                    (A) the students are capable of self-administering 
                medication; and
                    (B) such administration is not prohibited by State 
                law.
            (3) Communication strategies between individual schools and 
        local providers of emergency medical services, including 
        appropriate instructions for emergency medical response.
            (4) Strategies to reduce the risk of exposure to 
        anaphylactic causative agents in classrooms and common school 
        areas such as cafeterias.
            (5) The dissemination of information on life-threatening 
        food allergies to school staff, parents, and students, if 
        appropriate by law.
            (6) Food allergy management training of school personnel 
        who regularly come into contact with students with life-
        threatening food allergies.
            (7) The authorization and training of school personnel to 
        administer epinephrine when the school nurse is not immediately 
        available.
            (8) The timely accessibility of epinephrine by school 
        personnel when the nurse is not immediately available.
            (9) Extracurricular programs such as non-academic outings 
        and field trips, before- and after-school programs, and school-
        sponsored programs held on weekends that are addressed in the 
        individual health care plan.
            (10) The collection and publication of data for each 
        administration of epinephrine to a student at risk for 
        anaphylaxis.
    (c) Relation to State Law.--Nothing in this Act or the policy 
developed by the Secretaries under subsection (a) shall be construed to 
preempt State law, including any State law regarding whether students 
at risk for anaphylaxis may self-administer medication.

SEC. 5. SCHOOL-BASED FOOD ALLERGY MANAGEMENT GRANTS.

    (a) In General.--The Secretaries may award grants of not more than 
$50,000 to local educational agencies to assist such agencies with 
implementing food allergy management guidelines contained in the policy 
described in section 4.
    (b) Application.--
            (1) In general.--To be eligible to receive a grant under 
        this section, a local educational agency shall submit an 
        application to the Secretaries at such time, in such manner, 
        and including such information as the Secretaries may 
        reasonably require.
            (2) Contents.--Each application submitted under paragraph 
        (1) shall include--
                    (A) a certification that the food allergy 
                management guidelines contained in the policy described 
                in section 4 have been adopted by the local educational 
                agency;
                    (B) a description of the activities to be funded by 
                the grant in carrying out the food allergy management 
                guidelines, including--
                            (i) how the guidelines will be carried out 
                        at individual schools served by the local 
                        educational agency;
                            (ii) how the local educational agency will 
                        inform parents and students of the food allergy 
                        management guidelines in place;
                            (iii) how school nurses, teachers, 
                        administrators, and other school-based staff 
                        will be made aware of, and given training on, 
                        when applicable, the food allergy management 
                        guidelines in place; and
                            (iv) any other activities that the 
                        Secretaries determine appropriate;
                    (C) a budget table that itemizes the amounts of 
                grant funds received under this section that will be 
                expended on various activities;
                    (D) a description of how adoption of the guidelines 
                and implementation of grant activities will be 
                monitored; and
                    (E) an assurance that the local educational agency 
                will provide such information and cooperate in any 
                evaluation that the Secretaries may conduct under this 
                section.
    (c) Use of Funds.--Each local educational agency that receives a 
grant under this section may use the grant funds for the following:
            (1) Creation of systems and databases related to creation, 
        storage, and maintenance of student records.
            (2) Purchase of equipment or services, or both, related to 
        the creation, storage, and maintenance of student records.
            (3) In partnership with local health departments, training 
        school nurse, teacher, and personnel for food allergy 
        management.
            (4) Purchase and storage of limited medical supplies, 
        including epinephrine and disposable wet wipes.
            (5) Programs that educate students as to the presence of, 
        and policies and procedures in place related to, food allergies 
        and anaphylactic shock.
            (6) Outreach to parents.
            (7) Any other activities consistent with the guidelines 
        contained in the policy described in section 4.
    (d) Duration of Awards.--The Secretaries may award grants under 
this section for a period of not more than 2 years. Funding for the 
second year of the grant, where applicable, shall be contingent on 
successful review of the program by the Secretaries after the first 
year.
    (e) Maximum Amount of Awards.--A grant awarded under this section 
may not be made in an amount that is more than $50,000.
    (f) Priority.--In awarding grants under this section, the 
Secretaries shall give priority to local educational agencies that 
receive Federal funding under title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq.).
    (g) Administrative Funds.--A local educational agency that receives 
a grant under this section may use not more than 2 percent of the grant 
amount for administrative costs related to carrying out this section.
    (h) Progress and Evaluations.--
            (1) Less than a 1 year grant.--A local educational agency 
        that receives a grant under this section for a period of not 
        more than 1 year shall provide the Secretaries, at the 
        completion of the grant period, with information on whether the 
        agency successfully implemented the food allergy management 
        guidelines contained in the policy described in section 4.
            (2) Grants for a 1 to 2 year period.--A local educational 
        agency that receives a grant under this section for a period of 
        1 to 2 years shall provide the Secretaries--
                    (A) not later than 1 year after the agency receives 
                such grant, with information on the progress made in 
                implementing the food allergy management guidelines 
                contained in the policy described in section 4; and
                    (B) at the completion of the grant period, with 
                information on whether the agency successfully 
                implemented the food allergy management guidelines 
                contained in the policy described in section 4.
    (i) Rule of Construction.--The food allergy management guidelines 
contained in the policy described in section 4 are voluntary but a 
condition of receiving grant funds under this section.
    (j) Supplement, Not Supplant.--Grant funds received under this 
section shall be used to supplement, and not supplant, non-Federal 
funds and any other Federal funds available to carry out the activities 
described in this section.
    (k) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000 for fiscal year 2007 
and such sums as may be necessary for each of the 4 succeeding fiscal 
years.
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