[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)''.
                                 ______