[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 456 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 456

 To direct the Secretary of Health and Human Services, in consultation 
with the Secretary of Education, to develop guidelines to be used on a 
voluntary basis to develop plans to manage the risk of food allergy and 
   anaphylaxis in schools and early childhood education programs, to 
 establish school-based food allergy management grants, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 23, 2009

 Mr. Dodd (for himself, Mr. Alexander, Mr. Whitehouse, Mr. Lautenberg, 
and Mr. Kerry) 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 guidelines to be used on a 
voluntary basis to develop plans to manage the risk of food allergy and 
   anaphylaxis in schools and early childhood education programs, 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 2009''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Early childhood education program.--The term ``early 
        childhood education program'' means--
                    (A) a Head Start program or an Early Head Start 
                program carried out under the Head Start Act (42 U.S.C. 
                9831 et seq.);
                    (B) a State licensed or regulated child care 
                program or school; or
                    (C) a State prekindergarten program that serves 
                children from birth through kindergarten.
            (2) ESEA definitions.--The terms ``local educational 
        agency'', ``secondary school'', ``elementary school'', and 
        ``parent'' have the meanings given the terms in section 9101 of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (3) School.--The term ``school'' includes public--
                    (A) kindergartens;
                    (B) elementary schools; and
                    (C) secondary schools.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 3. ESTABLISHMENT OF VOLUNTARY FOOD ALLERGY AND ANAPHYLAXIS 
              MANAGEMENT GUIDELINES.

    (a) Establishment.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Secretary of Education, shall--
                    (A) develop guidelines to be used on a voluntary 
                basis to develop plans for individuals to manage the 
                risk of food allergy and anaphylaxis in schools and 
                early childhood education programs; and
                    (B) make such guidelines available to local 
                educational agencies, schools, early childhood 
                education programs, and other interested entities and 
                individuals to be implemented on a voluntary basis 
                only.
            (2) Applicability of ferpa.--Each plan described in 
        paragraph (1) that is developed for an individual shall be 
        considered an education record for the purpose of the Family 
        Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g).
    (b) Contents.--The voluntary guidelines developed by the Secretary 
under subsection (a) shall address each of the following, and may be 
updated as the Secretary determines necessary:
            (1) Parental obligation to provide the school or early 
        childhood education program, prior to the start of every school 
        year, with--
                    (A) documentation from their child's physician or 
                nurse--
                            (i) supporting a diagnosis of food allergy, 
                        and any risk of anaphylaxis, if applicable;
                            (ii) identifying any food to which the 
                        child is allergic;
                            (iii) describing, if appropriate, any prior 
                        history of anaphylaxis;
                            (iv) listing any medication prescribed for 
                        the child for the treatment of anaphylaxis;
                            (v) detailing emergency treatment 
                        procedures in the event of a reaction;
                            (vi) listing the signs and symptoms of a 
                        reaction; and
                            (vii) assessing the child's readiness for 
                        self-administration of prescription medication; 
                        and
                    (B) a list of substitute meals that may be offered 
                to the child by school or early childhood education 
                program food service personnel.
            (2) The creation and maintenance of an individual plan for 
        food allergy management, in consultation with the parent, 
        tailored to the needs of each child with a documented risk for 
        anaphylaxis, including any procedures for the self-
        administration of medication by such children in instances 
        where--
                    (A) the children are capable of self-administering 
                medication; and
                    (B) such administration is not prohibited by State 
                law.
            (3) Communication strategies between individual schools or 
        early childhood education programs and 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 
        or early childhood education program areas such as cafeterias.
            (5) The dissemination of general information on life-
        threatening food allergies to school or early childhood 
        education program staff, parents, and children.
            (6) Food allergy management training of school or early 
        childhood education program personnel who regularly come into 
        contact with children with life-threatening food allergies.
            (7) The authorization and training of school or early 
        childhood education program personnel to administer epinephrine 
        when the nurse is not immediately available.
            (8) The timely accessibility of epinephrine by school or 
        early childhood education program personnel when the nurse is 
        not immediately available.
            (9) The creation of a plan contained in each individual 
        plan for food allergy management that addresses the appropriate 
        response to an incident of anaphylaxis of a child while such 
        child is engaged in extracurricular programs of a school or 
        early childhood education program, such as non-academic outings 
        and field trips, before- and after-school programs or before- 
        and after-early child education program programs, and school-
        sponsored or early childhood education program-sponsored 
        programs held on weekends.
            (10) Maintenance of information for each administration of 
        epinephrine to a child at risk for anaphylaxis and prompt 
        notification to parents.
            (11) Other elements the Secretary determines necessary for 
        the management of food allergies and anaphylaxis in schools and 
        early childhood education programs.
    (c) Relation to State Law.--Nothing in this Act or the guidelines 
developed by the Secretary 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. 4. SCHOOL-BASED FOOD ALLERGY MANAGEMENT GRANTS.

    (a) In General.--The Secretary may award grants to local 
educational agencies to assist such agencies with implementing 
voluntary food allergy and anaphylaxis management guidelines described 
in section 3.
    (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 Secretary at such time, in such manner, and 
        including such information as the Secretary may reasonably 
        require.
            (2) Contents.--Each application submitted under paragraph 
        (1) shall include--
                    (A) an assurance that the local educational agency 
                has developed plans in accordance with the food allergy 
                and anaphylaxis management guidelines described in 
                section 3;
                    (B) a description of the activities to be funded by 
                the grant in carrying out the food allergy and 
                anaphylaxis 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 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 guidelines in place; and
                            (iv) any other activities that the 
                        Secretary determines appropriate;
                    (C) an itemization of how grant funds received 
                under this section will be expended;
                    (D) a description of how adoption of the guidelines 
                and implementation of grant activities will be 
                monitored; and
                    (E) an agreement by the local educational agency to 
                report information required by the Secretary to conduct 
                evaluations 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) Purchase of materials and supplies, including limited 
        medical supplies such as epinephrine and disposable wet wipes, 
        to support carrying out the food allergy and anaphylaxis 
        management guidelines described in section 3.
            (2) In partnership with local health departments, school 
        nurse, teacher, and personnel training for food allergy 
        management.
            (3) Programs that educate students as to the presence of, 
        and policies and procedures in place related to, food allergies 
        and anaphylactic shock.
            (4) Outreach to parents.
            (5) Any other activities consistent with the guidelines 
        described in section 3.
    (d) Duration of Awards.--The Secretary may award grants under this 
section for a period of not more than 2 years. In the event the 
Secretary conducts a program evaluation under this section, funding in 
the second year of the grant, where applicable, shall be contingent on 
a successful program evaluation by the Secretary after the first year.
    (e) Limitation on Grant Funding.--The Secretary may not provide 
grant funding to a local educational agency under this section after 
such local educational agency has received 2 years of grant funding 
under this section.
    (f) Maximum Amount of Annual Awards.--A grant awarded under this 
section may not be made in an amount that is more than $50,000 
annually.
    (g) Priority.--In awarding grants under this section, the Secretary 
shall give priority to local educational agencies with the highest 
percentages of children who are counted under section 1124(c) of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)).
    (h) Matching Funds.--
            (1) In general.--The Secretary may not award a grant under 
        this section unless the local educational agency agrees that, 
        with respect to the costs to be incurred by such local 
        educational agency in carrying out the grant activities, the 
        local educational agency shall make available (directly or 
        through donations from public or private entities) non-Federal 
        funds toward such costs in an amount equal to not less than 25 
        percent of the amount of the grant.
            (2) Determination of amount of non-federal contribution.--
        Non-Federal funds required under paragraph (1) may be cash or 
        in kind, including plant, equipment, or services. Amounts 
        provided by the Federal Government, and any portion of any 
        service subsidized by the Federal Government, may not be 
        included in determining the amount of such non-Federal funds.
    (i) 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.
    (j) Progress and Evaluations.--At the completion of the grant 
period referred to in subsection (d), a local educational agency shall 
provide the Secretary with information on how grant funds were spent 
and the status of implementation of the food allergy and anaphylaxis 
management guidelines described in section 3.
    (k) 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.
    (l) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000 for fiscal year 2010 
and such sums as may be necessary for each of the 4 succeeding fiscal 
years.

SEC. 5. VOLUNTARY NATURE OF GUIDELINES.

    (a) In General.--The food allergy and anaphylaxis management 
guidelines developed by the Secretary under section 3 are voluntary. 
Nothing in this Act or the guidelines developed by the Secretary under 
section 3 shall be construed to require a local educational agency to 
implement such guidelines.
    (b) Exception.--Notwithstanding subsection (a), the Secretary may 
enforce an agreement by a local educational agency to implement food 
allergy and anaphylaxis management guidelines as a condition of the 
receipt of a grant under section 4.
                                 <all>