IB 
Union Calendar No. 353 
110TH CONGRESS 
2D SESSION 
H. R. 2063 
[Report No. 110–571, Part I] 
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 
APRIL 8, 2008 
Additional sponsors: Mr. KELLER of Florida, Mrs. MALONEY of New York, 
Mr. KIRK, Mr. GRIJALVA, Mr. DAVIS of Illinois, Mr. ISRAEL, Ms. 
MCCOLLUM of Minnesota, Mr. MCNULTY, Mr. UPTON, Mr. LOBIONDO, 
Mr. VAN HOLLEN, Mr. ANDREWS, Mr. KAGEN, Mr. WALSH of New York, 
Ms. SCHAKOWSKY, Mr. BUCHANAN, Mr. PITTS, Mr. DELAHUNT, Mr. 
WAXMAN, Mr. KUCINICH, Mr. GORDON of Tennessee, Mr. PATRICK J. 
MURPHY of Pennsylvania, Mr. RANGEL, Mr. MARKEY, Mr. SAXTON, Mr. 
MICHAUD, Mr. ALLEN, Mr. HALL of New York, Mr. YARMUTH, Ms. SUT-
TON, Mr. CARNAHAN, Mrs. CAPPS, Mr. NEAL of Massachusetts, Ms. 
DEGETTE, Mr. MORAN of Virginia, Mr. RUSH, Mr. STUPAK, Mr. TIM 
MURPHY of Pennsylvania, Mr. TOWNS, Ms. DELAURO, Mr. HOLT, Ms. 
SOLIS, Ms. CLARKE, Mr. CUMMINGS, Mr. DEFAZIO, Ms. BEAN, Ms. 
ESHOO, Mr. RODRIGUEZ, Mrs. BLACKBURN, Mr. HOYER, Mr. SARBANES, 
Mr. HINCHEY, Mr. SOUDER, Mr. WYNN, Ms. SHEA-PORTER, Mr. HARE, 
Mr. UDALL of Colorado, Mr. GENE GREEN of Texas, Mr. FERGUSON, 
Ms. BALDWIN, Mr. WEINER, Mr. MATHESON, Mr. ALTMIRE, Mr. PRICE 
of North Carolina, Mr. RUPPERSBERGER, Mr. PUTNAM, Mr. ROSS, Mr. 
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TIERNEY, Mr. ENGEL, Mr. LAMPSON, Ms. HOOLEY, Mr. FOSSELLA, and 
Mr. PAYNE 
APRIL 8, 2008 
Reported from the Committee on Energy and Commerce with amendments 
[Strike out all after the enacting clause and insert the part printed in italic] 
APRIL 8, 2008 
Committee on Education and Labor discharged; committed to the Committee 
of the Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on April 26, 2007] 
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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Food Allergy and Ana-
phylaxis Management Act of 2008’’. 
SEC. 2. FINDINGS. 
Congress finds as follows: 
(1) Food allergy is an increasing food safety and 
public health concern in the United States, especially 
among students. 
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(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 students 
in their school with food allergy had increased over 
the past 5 years, while only 2 percent reported a de-
crease. 
(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 indi-
viduals 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. 
(7) Currently, there is no cure for food allergies; 
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-
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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 re-
ceived epinephrine within 1 hour of ingesting the al-
lergen, and all but 1 of the children who survived re-
ceived epinephrine within 30 minutes. 
(11) The importance of managing life-threat-
ening food allergies in the school setting has been rec-
ognized by the American Medical Association, the 
American Academy of Pediatrics, the American Acad-
emy of Allergy, Asthma and Immunology, the Amer-
ican College of Allergy, Asthma and Immunology, 
and the National Association of School Nurses. 
(12) There are no Federal guidelines concerning 
the management of life-threatening food allergies in 
the school setting. 
(13) Three-quarters of the elementary school 
nurses surveyed reported developing their own train-
ing guidelines. 
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(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 hundreds if 
not thousands of students. 
(15) Parents of students with severe food allergies 
often face entirely different food allergy management 
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 emergency 
medications, and an inability to administer epineph-
rine. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ESEA DEFINITIONS.—The terms ‘‘local edu-
cational agency’’, ‘‘secondary school’’, and ‘‘elemen-
tary school’’ have the meanings given the terms in 
section 9101 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801). 
(2) SCHOOL.—The term ‘‘school’’ includes pub-
lic— 
(A) kindergartens; 
(B) elementary schools; and 
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