[Congressional Record Volume 169, Number 17 (Thursday, January 26, 2023)]
[Senate]
[Pages S122-S123]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DURBIN (for himself and Ms. Duckworth):
S. 121. A bill to amend the Child Nutrition Act of 1966 to require
the provision of training and information to certain personnel relating
to food allergy identification and response, and for other purposes; to
the Committee on Agriculture, Nutrition, and Forestry.
Mr. DURBIN. Madam President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 121
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 Children with
Food Allergies Act''.
SEC. 2. FOOD ALLERGY TRAINING COMPLETION REQUIREMENT.
Section 7(g)(2) of the Child Nutrition Act of 1966 (42
U.S.C. 1776(g)(2)) is amended by adding at the end the
following:
``(C) Food allergy training and certification for all local
food service personnel.--
``(i) In general.--The Secretary shall develop, in
consultation with relevant stakeholder groups with food
allergy expertise, and publish training modules and other
educational materials in accordance with clause (ii).
``(ii) Training modules.--A training program carried out
under this subparagraph shall include training modules
relating to--
``(I) the prevention of allergic reactions to food, which
may include--
``(aa) communicating food allergen information in school
menus, food products, and recipes;
``(bb) best practices to avoid cross-contact; and
``(cc) the availability of appropriate food substitutions
for children with food allergies;
``(II) the identification of food-related allergic reaction
symptoms; and
``(III) the appropriate responses to an allergic reaction
to food.
``(iii) Certification of local personnel.--
``(I) In general.--In accordance with criteria established
by the Secretary, local food service personnel shall complete
training and receive a certification to demonstrate
competence with respect to the training provided under clause
(ii).
``(II) Treatment.--The Secretary may allow local food
personnel to apply a certification received under this clause
toward any other training requirements under this subsection.
``(iv) Methods for inclusion.--The training required under
this subparagraph shall be provided, as the Secretary
determines to be necessary, in--
``(I) relevant languages other than English, for
individuals with limited English proficiency; and
``(II) relevant alternative formats, for individuals with
disabilities (as defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102)).
``(v) Availability to other personnel.--The Secretary shall
make the training provided under this subparagraph available
to personnel under child nutrition programs not covered under
this subsection, including personnel under--
``(I) the special milk program under section 3;
``(II) the summer food service program for children under
section 13 of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1761); and
``(III) the child and adult care food program under section
17 of that Act (42 U.S.C. 1766).
``(vi) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary to carry out
this subparagraph $1,000,000 for each of fiscal years 2024
through 2028.''.
SEC. 3. ACTIVITIES TO SUPPORT WIC-ELIGIBLE INDIVIDUALS
IMPACTED BY FOOD ALLERGIES.
Section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786) is amended--
(1) by redesignating subsections (l) through (s) as
subsections (m) through (t), respectively;
(2) by inserting after subsection (k) the following:
``(l) Activities to Support WIC-eligible Individuals
Impacted by Food Allergies.--
``(1) In general.--In accordance with subsection (e), the
Secretary shall--
[[Page S123]]
``(A) submit to the Secretary of Health and Human Services
for comment proposed nutrition education materials for use
under subsection (e), which shall--
``(i) incorporate evidence-based findings from the United
States Dietary Guidelines for Americans relating to food
allergies and potentially allergenic foods; and
``(ii) include nutrition education materials for--
``(I) individuals with food allergies during pregnancy and
in the postpartum period;
``(II) infants impacted by prenatal food allergy exposure;
and
``(III) children with food allergies; and
``(B) after submitting the materials in accordance with
subparagraph (A), publish and disseminate the materials for
use under subsection (e).
``(2) Requirements for inclusion.--
``(A) In general.--The nutrition education materials under
paragraph (1) shall be provided, as the Secretary determines
to be necessary, in--
``(i) relevant languages other than English for individuals
with limited English proficiency; and
``(ii) relevant alternative formats for individuals with
disabilities (as defined in section 3 of the Americans With
Disabilities Act of 1990 (42 U.S.C. 12102)).
``(B) Outreach.--In carrying out this paragraph, the
Secretary shall conduct outreach to individuals who are, or
may be--
``(i) eligible to participate in--
``(I) the program under this section; or
``(II) a training program of a State agency under
subsection (e)(2); and
``(ii) impacted by food allergies.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $1,000,000 for fiscal year 2024.'';
(3) in subsection (q) (as redesignated by paragraph (1))--
(A) in paragraph (1), by striking ``subsection (o)(1)(A)''
and inserting ``subsection (p)(1)(A)''; and
(B) in paragraph (2)(B), by striking ``subsection
(o)(1)(A)'' and inserting ``subsection (p)(1)(A)''; and
(4) in paragraph (5) of subsection (t) (as redesignated by
paragraph (1)), by striking ``subsection (r)'' and inserting
``subsection (s)''.
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