    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-292
    116th Congress

    An Act

    To amend the Public Health Service Act to increase the preference given,
    in awarding certain allergies and asthma-related grants, to States that
    require certain public schools to have allergies and asthma management
    programs, 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 ``School-Based Allergies and Asthma
    Management Program Act''.
    SEC. 2. ADDITIONAL PREFERENCE TO CERTAIN STATES THAT REQUIRE
    CERTAIN PUBLIC SCHOOLS TO HAVE ALLERGIES AND
    ASTHMA MANAGEMENT PROGRAMS.

    Section 399L(d) of the Public Health Service Act (42 U.S.C. 280g(d))
    is amended--
    (1) in paragraph (1)(F)--
    (A) by redesignating clauses (i), (ii), and (iii) as
    subclauses (I), (II), and (III), respectively, and
    moving each of such subclauses (as so redesignated) 2
    ems to the right;
    (B) by striking ``epinephrine.--In determining'' and
    inserting ``epinephrine or school comprehensive
    allergies and asthma management program.--
    ``(i) In general.--In determining'';
    (C) by striking ``in the State--'' and inserting
    ``in the State satisfy the criteria described in clause
    (ii) or clause (iii).
    ``(ii) Criteria for school personnel
    administration of epinephrine.--For purposes of
    clause (i), the criteria described in this clause,
    with respect to each public elementary school and
    secondary school in the State, are that each such
    school--''; and
    (D) by adding at the end the following new clause:
    ``(iii) Criteria for school comprehensive
    allergies and asthma management program.--For
    purposes of clause (i), the criteria described in
    this clause, with respect to each public
    elementary school and secondary school in the
    State, are that each such school--
    ``(I) has in place a plan for having
    on the premises of the school during all
    operating hours of the school a school
    nurse or one or more other individuals
    who are designated by the principal (or
    other appropriate administrative staff)
    of the school to direct and apply the
    program described

    [[Page 4897]]

    in subclause (II) on a voluntary basis
    outside their scope of employment; and
    ``(II) has in place, under the
    direction of a school nurse or other
    individual designated under subclause
    (I), a comprehensive school-based
    allergies and asthma management program
    that includes--
    ``(aa) a method to identify
    all students of such school with
    a diagnosis of allergies and
    asthma;
    ``(bb) an individual student
    allergies and asthma action plan
    for each student of such school
    with a diagnosis of allergies
    and asthma;
    ``(cc) allergies and asthma
    education for school staff who
    are directly responsible for
    students who have been
    identified as having allergies
    or asthma, such as education
    regarding basics, management,
    trigger management, and
    comprehensive emergency
    responses with respect to
    allergies and asthma;
    ``(dd) efforts to reduce the
    presence of environmental
    triggers of allergies and
    asthma; and
    ``(ee) a system to support
    students with a diagnosis of
    allergies or asthma through
    coordination with family members
    of such students, primary care
    providers of such students,
    primary asthma or allergy care
    providers of such students, and
    others as necessary.''; and
    (2) in paragraph (3)(E)--
    (A) in the matter preceding clause (i), by inserting
    ``, such as the school nurse'' after ``individual''; and
    (B) in clause (i), by inserting ``school nurse or''
    before ``principal''.

    Approved January 5, 2021.

    LEGISLATIVE HISTORY--H.R. 2468:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 116-530 (Comm. on Energy and Commerce).
    CONGRESSIONAL RECORD, Vol. 166 (2020):
    Sept. 29, considered and passed House.
    Dec. 17, considered and passed Senate.