(C) secondary schools. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services, in con-
sultation 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, including licensed child care providers, pre-
school programs, and Head Start, to be implemented 
on a voluntary basis only. 
(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 physi-
cian or nurse— 
(i) supporting a diagnosis of food al-
lergy and the risk of anaphylaxis; 
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(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 anaphy-
laxis; 
(v) detailing emergency treatment pro-
cedures 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 medi-
cation; and 
(B) a list of substitute meals that may be 
offered to the student by school food service per-
sonnel. 
(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 
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(B) such administration is not prohibited 
by State law. 
(3) Communication strategies between individual 
schools and local providers of emergency medical serv-
ices, including appropriate instructions for emergency 
medical response. 
(4) Strategies to reduce the risk of exposure to 
anaphylactic causative agents in classrooms and com-
mon 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. 
(7) The authorization and training of school per-
sonnel 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 
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weekends that are addressed in the individual 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. VOLUNTARY NATURE OF POLICY AND GUIDELINES. 
The policy developed by the Secretary under section 
4(a) and the food allergy management guidelines contained 
in such policy are voluntary. Nothing in this Act or the 
policy developed by the Secretary under section 4(a) shall 
be construed to require a local educational agency or school 
to implement such policy or guidelines. 
Amend the title so as to read: ‘‘A bill to direct the 
Secretary of Health and Human Services, in consultation 
with the Secretary of Education, to develop a voluntary 
policy for managing the risk of food allergy and anaphy-
laxis in schools.’’. 
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Union Calendar No. 353 
110TH CONGRESS 
2D SESSION 
H. R. 2063 
[Report No. 110–571, Part I] 
A BILL 
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. 
APRIL 8, 2008 
Committee on Education and Labor discharged; com-
mitted to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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