I 
111TH CONGRESS 
1ST SESSION H. R. 1378 
To direct the Secretary of Health and Human Services, in consultation 
with the Secretary of Education, to develop guidelines to be used on 
a voluntary basis to develop plans to manage the risk of food allergy 
and anaphylaxis in schools and early childhood education programs, to 
establish school-based food allergy management grants, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 6, 2009 
Mrs. LOWEY (for herself, Mr. GRIJALVA, Mr. SESTAK, Mr. CONNOLLY of Vir-
ginia, Mr. BARROW, Mr. HOYER, Ms. WOOLSEY, Mr. VAN HOLLEN, Ms. 
KAPTUR, Mr. CUMMINGS, Mr. CHANDLER, Mr. MCGOVERN, Mrs. 
BLACKBURN, Mr. RUPPERSBERGER, Mr. WEXLER, Ms. DELAURO, Mr. 
KIRK, Mr. HINCHEY, Mr. PITTS, and Mr. BACA) introduced the following 
bill; which was referred to the Committee on Energy and Commerce, and 
in addition to the Committee on Education and Labor, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation 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 guidelines to be used on a voluntary basis to de-
velop plans to manage the risk of food allergy and ana-
phylaxis in schools and early childhood education pro-
grams, to establish school-based food allergy management 
grants, and for other purposes. 
VerDate Nov 24 2008 
04:13 Mar 07, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H1378.IH
H1378
wwoods2 on PRODPC68 with BILLS
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 2009’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) 
EARLY
CHILDHOOD
EDUCATION
PRO-
GRAM.—The term ‘‘early childhood education pro-
gram’’ means— 
(A) a Head Start program or an Early 
Head Start program carried out under the 
Head Start Act (42 U.S.C. 9831 et seq.); 
(B) a State licensed or regulated child care 
program or school; or 
(C) a State prekindergarten program that 
serves children from birth through kinder-
garten. 
(2) ESEA DEFINITIONS.—The terms ‘‘local 
educational agency’’, ‘‘secondary school’’, ‘‘elemen-
tary school’’, and ‘‘parent’’ have the meanings given 
the terms in section 9101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7801). 
(3) SCHOOL.—The term ‘‘school’’ includes pub-
lic— 
VerDate Nov 24 2008 
04:13 Mar 07, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1378.IH
H1378
wwoods2 on PRODPC68 with BILLS
(A) kindergartens; 
(B) elementary schools; and 
(C) secondary schools. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
SEC. 3. ESTABLISHMENT OF VOLUNTARY FOOD ALLERGY 
AND 
ANAPHYLAXIS 
MANAGEMENT 
GUIDE-
LINES. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary, in 
consultation with the Secretary of Education, 
shall— 
(A) develop guidelines to be used on a vol-
untary basis to develop plans for individuals to 
manage the risk of food allergy and anaphylaxis 
in schools and early childhood education pro-
grams; and 
(B) make such guidelines available to local 
educational agencies, schools, early childhood 
education programs, and other interested enti-
ties and individuals to be implemented on a vol-
untary basis only. 
(2) APPLICABILITY OF FERPA.—Each plan de-
scribed in paragraph (1) that is developed for an in-
VerDate Nov 24 2008 
04:13 Mar 07, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1378.IH
H1378
wwoods2 on PRODPC68 with BILLS
dividual shall be considered an education record for 
the purpose of the Family Educational Rights and 
Privacy Act of 1974 (20 U.S.C. 1232g). 
(b) CONTENTS.—The voluntary guidelines developed 
by the Secretary under subsection (a) shall address each 
of the following, and may be updated as the Secretary de-
termines necessary: 
(1) Parental obligation to provide the school or 
early childhood education program, prior to the start 
of every school year, with— 
(A) documentation from their child’s physi-
cian or nurse— 
(i) supporting a diagnosis of food al-
lergy, and any risk of anaphylaxis, if appli-
cable; 
(ii) identifying any food to which the 
child is allergic; 
(iii) describing, if appropriate, any 
prior history of anaphylaxis; 
(iv) listing any medication prescribed 
for the child for the treatment of anaphy-
laxis; 
(v) detailing emergency treatment 
procedures in the event of a reaction; 
VerDate Nov 24 2008 
04:13 Mar 07, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1378.IH
H1378
wwoods2 on PRODPC68 with BILLS
(vi) listing the signs and symptoms of 
a reaction; and 
(vii) assessing the child’s readiness for 
self-administration of prescription medica-
tion; and 
(B) a list of substitute meals that may be 
offered to the child by school or early childhood 
education program food service personnel. 
(2) The creation and maintenance of an indi-
vidual plan for food allergy management, in con-
sultation with the parent, tailored to the needs of 
each child with a documented risk for anaphylaxis, 
including any procedures for the self-administration 
of medication by such children in instances where— 
(A) the children are capable of self-admin-
istering medication; and 
(B) such administration is not prohibited 
by State law. 
(3) Communication strategies between indi-
vidual schools or early childhood education programs 
and providers of emergency medical services, includ-
ing appropriate instructions for emergency medical 
response. 
(4) Strategies to reduce the risk of exposure to 
anaphylactic causative agents in classrooms and 
VerDate Nov 24 2008 
04:13 Mar 07, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1378.IH
H1378
wwoods2 on PRODPC68 with BILLS
common school or early childhood education program 
areas such as cafeterias. 
(5) The dissemination of general information on 
life-threatening food allergies to school or early 
childhood education program staff, parents, and chil-
dren. 
(6) Food allergy management training of school 
or early childhood education program personnel who 
regularly come into contact with children with life- 
threatening food allergies. 
(7) The authorization and training of school or 
early childhood education program personnel to ad-
minister epinephrine when the nurse is not imme-
diately available. 
(8) The timely accessibility of epinephrine by 
school or early childhood education program per-
sonnel when the nurse is not immediately available. 
(9) The creation of a plan contained in each in-
dividual plan for food allergy management that ad-
dresses the appropriate response to an incident of 
anaphylaxis of a child while such child is engaged in 
extracurricular programs of a school or early child-
hood education program, such as non-academic out-
ings and field trips, before- and after-school pro-
grams or before- and after-early child education pro-
VerDate Nov 24 2008 
04:13 Mar 07, 2009
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1378.IH
H1378
wwoods2 on PRODPC68 with BILLS
gram programs, and school-sponsored or early child-
hood education program-sponsored programs held on 
weekends. 
(10) Maintenance of information for each ad-
ministration of epinephrine to a child at risk for an-
aphylaxis and prompt notification to parents. 
(11) Other elements the Secretary determines 
necessary for the management of food allergies and 
anaphylaxis in schools and early childhood education 
programs. 
(c) RELATION TO STATE LAW.—Nothing in this Act 
or the guidelines developed by the Secretary under sub-
section (a) shall be construed to preempt State law, in-
cluding any State law regarding whether students at risk 
for anaphylaxis may self-administer medication. 
SEC. 4. SCHOOL-BASED FOOD ALLERGY MANAGEMENT 
GRANTS. 
(a) IN GENERAL.—The Secretary may award grants 
to local educational agencies to assist such agencies with 
implementing voluntary food allergy and anaphylaxis man-
agement guidelines described in section 3. 
(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 
VerDate Nov 24 2008 
04:13 Mar 07, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1378.IH
H1378
wwoods2 on PRODPC68 with BILLS
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) an assurance that the local educational 
agency has developed plans in accordance with 
the food allergy and anaphylaxis management 
guidelines described in section 3; 
(B) a description of the activities to be 
funded by the grant in carrying out the food al-
lergy and anaphylaxis 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 
guidelines in place; 
(iii) how school nurses, teachers, ad-
ministrators, and other school-based staff 
will be made aware of, and given training 
on, when applicable, the guidelines in 
place; and 
(iv) any other activities that the Sec-
retary determines appropriate; 
VerDate Nov 24 2008 
04:13 Mar 07, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1378.IH
H1378
wwoods2 on PRODPC68 with BILLS
(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) Purchase of materials and supplies, includ-
ing limited medical supplies such as epinephrine and 
disposable wet wipes, to support carrying out the 
food allergy and anaphylaxis management guidelines 
described in section 3. 
(2) In partnership with local health depart-
ments, school nurse, teacher, and personnel training 
for food allergy management. 
(3) Programs that educate students as to the 
presence of, and policies and procedures in place re-
lated to, food allergies and anaphylactic shock. 
(4) Outreach to parents. 
VerDate Nov 24 2008 
04:13 Mar 07, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1378.IH
H1378
wwoods2 on PRODPC68 with BILLS
(5) Any other activities consistent with the 
guidelines described in section 3. 
(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) LIMITATION
ON GRANT FUNDING.—The Sec-
retary may not provide grant funding to a local edu-
cational agency under this section after such local edu-
cational agency has received 2 years of grant funding 
under this section. 
(f) 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. 
(g) PRIORITY.—In awarding grants under this sec-
tion, the Secretary shall give priority to local educational 
agencies with the highest percentages of children who are 
counted under section 1124(c) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6333(c)). 
(h) MATCHING FUNDS.— 
(1) IN
GENERAL.—The Secretary may not 
award a grant under this section unless the local 
VerDate Nov 24 2008 
04:13 Mar 07, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1378.IH
H1378
wwoods2 on PRODPC68 with BILLS
educational agency agrees that, with respect to the 
costs to be incurred by such local educational agency 
in carrying out the grant activities, the local edu-
cational agency shall make available (directly or 
through donations from public or private entities) 
non-Federal funds toward such costs in an amount 
equal to not less than 25 percent of the amount of 
the grant. 
(2) DETERMINATION OF AMOUNT OF NON-FED-
ERAL CONTRIBUTION.—Non-Federal funds required 
under paragraph (1) may be cash or in-kind, includ-
ing plant, equipment, or services. Amounts provided 
by the Federal Government, and any portion of any 
service subsidized by the Federal Government, may 
not be included in determining the amount of such 
non-Federal funds. 
(i) 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. 
(j) 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 how grant funds were spent and the status 
VerDate Nov 24 2008 
04:13 Mar 07, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1378.IH
H1378
wwoods2 on PRODPC68 with BILLS
of implementation of the food allergy and anaphylaxis 
management guidelines described in section 3. 
(k) 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. 
(l) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$30,000,000 for fiscal year 2010 and such sums as may 
be necessary for each of the 4 succeeding fiscal years. 
SEC. 5. VOLUNTARY NATURE OF GUIDELINES. 
(a) IN GENERAL.—The food allergy and anaphylaxis 
management guidelines developed by the Secretary under 
section 3 are voluntary. Nothing in this Act or the guide-
lines developed by the Secretary under section 3 shall be 
construed to require a local educational agency to imple-
ment such guidelines. 
(b) EXCEPTION.—Notwithstanding subsection (a), 
the Secretary may enforce an agreement by a local edu-
cational agency to implement food allergy and anaphylaxis 
management guidelines as a condition of the receipt of a 
grant under section 4. 
Æ 
VerDate Nov 24 2008 
04:13 Mar 07, 2009
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6301
E:\BILLS\H1378.IH
H1378
wwoods2 on PRODPC68 with BILLS