I 
110TH CONGRESS 
1ST SESSION H. R. 2063 
To direct the Secretary of Health and Human Services, in consultation 
with the Secretary of Education, to develop a voluntary policy for man-
aging the risk of food allergy and anaphylaxis in schools, to establish 
school-based food allergy management grants, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 26, 2007 
Mrs. LOWEY (for herself, Mr. EMANUEL, Mr. MCDERMOTT, and Mr. KEN-
NEDY) introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committee on Edu-
cation and Labor, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To direct the Secretary of Health and Human Services, 
in consultation with the Secretary of Education, to de-
velop a voluntary 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 Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Food Allergy and Ana-
phylaxis Management Act of 2007’’. 
SEC. 2. FINDINGS. 
Congress finds as follows: 
(1) Food allergy is an increasing food safety 
and public health concern in the United States, es-
pecially among students. 
(2) Peanut allergy doubled among children from 
1997 to 2002. 
(3) In a 2004 survey of 400 elementary school 
nurses, 37 percent reported having at least 10 stu-
dents with severe food allergies and 62 percent re-
ported having at least 5. 
(4) Forty-four percent of the elementary school 
nurses surveyed reported that the number of stu-
dents 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 in-
duced anaphylactic reactions (the largest study of its 
kind to date), more than half (53 percent) of the in-
dividuals were aged 18 or younger. 
(6) Eight foods account for 90 percent of all 
food-allergic reactions: milk, eggs, fish, shellfish, tree 
nuts, peanuts, wheat, and soy. 
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(7) Currently, there is no cure for food aller-
gies; strict avoidance of the offending food is the 
only way to prevent a reaction. 
(8) Anaphylaxis is a systemic allergic reaction 
that can kill within minutes. 
(9) Food-allergic reactions are the leading cause 
of anaphylaxis outside the hospital setting, account-
ing 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 adminis-
tered 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-threat-
ening 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 Immu-
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nology, and the National Association of School 
Nurses. 
(12) There are no Federal guidelines con-
cerning the management of life-threatening food al-
lergies in the school setting. 
(13) Three-quarters of the elementary school 
nurses surveyed reported developing their own train-
ing 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 hun-
dreds if not thousands of students. 
(15) Parents of students with severe food aller-
gies often face entirely different food allergy man-
agement 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 emer-
gency medications, and an inability to administer ep-
inephrine. 
SEC. 3. DEFINITIONS. 
In this Act: 
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(1) ESEA DEFINITIONS.—The terms ‘‘local 
educational agency’’, ‘‘secondary school’’, and ‘‘ele-
mentary 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 pub-
lic— 
(A) kindergartens; 
(B) elementary schools; and 
(C) secondary schools. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services, in 
consultation with the Secretary of Education. 
SEC. 4. ESTABLISHMENT OF VOLUNTARY FOOD ALLERGY 
AND ANAPHYLAXIS MANAGEMENT POLICY. 
(a) ESTABLISHMENT.—Not later than 1 year after 
the date of enactment of this Act, the Secretary shall— 
(1) develop a policy to be used on a voluntary 
basis to manage the risk of food allergy and anaphy-
laxis in schools; and 
(2) make such policy available to local edu-
cational agencies and other interested individuals 
and entities to be implemented on a voluntary basis 
only. 
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(b) CONTENTS.—The voluntary policy developed by 
the Secretary 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— 
(A) documentation from the student’s phy-
sician or nurse— 
(i) supporting a diagnosis of food al-
lergy and the risk of anaphylaxis; 
(ii) identifying any food to which the 
student is allergic; 
(iii) describing, if appropriate, any 
prior history of anaphylaxis; 
(iv) listing any medication prescribed 
for the student for the treatment of ana-
phylaxis; 
(v) detailing emergency treatment 
procedures in the event of a reaction; 
(vi) listing the signs and symptoms of 
a reaction; and 
(vii) assessing the student’s readiness 
for 
self-administration 
of 
prescription 
medication; and 
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(B) a list of substitute meals that may be 
offered to the student by school food service 
personnel. 
(2) The creation and maintenance of an indi-
vidual health care plan tailored to the needs of each 
student with a documented risk for anaphylaxis, in-
cluding any procedures for the self-administration of 
medication by such students in instances where— 
(A) the students are capable of self-admin-
istering medication; and 
(B) such administration is not prohibited 
by State law. 
(3) Communication strategies between indi-
vidual schools and local providers of emergency med-
ical 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 stu-
dents with life-threatening food allergies. 
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(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-aca-
demic outings and field trips, before- and after- 
school programs, and school-sponsored programs 
held on weekends that are addressed in the indi-
vidual 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 Secretary under subsection 
(a) shall be construed to preempt State law, including any 
State law regarding whether students at risk for anaphy-
laxis may self-administer medication. 
SEC. 5. SCHOOL-BASED FOOD ALLERGY MANAGEMENT 
GRANTS. 
(a) IN GENERAL.—The Secretary may award grants 
of not more than $50,000 to local educational agencies 
to assist such agencies with implementing voluntary food 
allergy management guidelines described in section 4. 
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(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 informa-
tion as the Secretary may reasonably require. 
(2) CONTENTS.—Each application submitted 
under paragraph (1) shall include— 
(A) a certification that the food allergy 
management guidelines 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 al-
lergy 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, ad-
ministrators, and other school-based staff 
will be made aware of, and given training 
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on, when applicable, the food allergy man-
agement guidelines in place; and 
(iv) any other activities that the Sec-
retary determines appropriate; 
(C) an itemization of how grant funds re-
ceived under this section will be expended; 
(D) a description of how adoption of the 
guidelines and implementation of grant activi-
ties will be monitored; and 
(E) an agreement by the local educational 
agency to report information required by the 
Secretary to conduct evaluations under this sec-
tion. 
(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 depart-
ments, school nurse, teacher, and personnel training 
for food allergy management. 
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(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 re-
lated to, food allergies and anaphylactic shock. 
(6) Outreach to parents. 
(7) Any other activities consistent with the 
guidelines described in section 4. 
(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 pro-
gram 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) 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. 
(f) PRIORITY.—In awarding grants under this sec-
tion, the Secretary 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.). 
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(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 adminis-
trative costs related to carrying out this section. 
(h) PROGRESS AND EVALUATIONS.—At the comple-
tion of the grant period referred to in subsection (d), a 
local educational agency shall provide the Secretary with 
information on the status of implementation of the food 
allergy management guidelines described in section 4. 
(i) SUPPLEMENT, NOT SUPPLANT.—Grant funds re-
ceived 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. 
(j) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$30,000,000 for fiscal year 2008 and such sums as may 
be necessary for each of the 4 succeeding fiscal years. 
SEC. 6. VOLUNTARY NATURE OF POLICY AND GUIDELINES. 
(a) IN GENERAL.—The policy developed by the Sec-
retary under section 4(a) and the food allergy manage-
ment guidelines contained in such policy are voluntary. 
Nothing in this Act or the policy developed by the Sec-
retary under section 4(a) shall be construed to require a 
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local educational agency or school to implement such pol-
icy or guidelines. 
(b) EXCEPTION.—Notwithstanding subsection (a), 
the Secretary may enforce an agreement by a local edu-
cational agency to implement food allergy management 
guidelines as a condition on the receipt of a grant under 
section 5. 
Æ 
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