text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Food Allergy and Anaphylaxis 
  Management Act of 2009''.
  
  SEC. 2. DEFINITIONS.
  
      In this Act:
              (1) Early childhood education program.--The term ``early 
          childhood education program'' 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 kindergarten.
              (2) ESEA definitions.--The terms ``local educational 
          agency'', ``secondary school'', ``elementary 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 public--
                      (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 GUIDELINES.
  
      (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 voluntary 
                  basis to develop plans for individuals to manage the 
                  risk of food allergy and anaphylaxis in schools and 
                  early childhood education programs; and
                      (B) make such guidelines available to local 
                  educational agencies, schools, early childhood 
                  education programs, and other interested entities and 
                  individuals to be implemented on a voluntary basis 
                  only.
              (2) Applicability of ferpa.--Each plan described in 
          paragraph (1) that is developed for an individual 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 determines 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 physician or 
                  nurse--
                              (i) supporting a diagnosis of food allergy, 
                          and any risk of anaphylaxis, if applicable;
                              (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 anaphylaxis;
                              (v) detailing emergency treatment 
                          procedures in the event of a reaction;
                              (vi) listing the signs and symptoms of a 
                          reaction; and
                              (vii) assessing the child's readiness for 
                          self-administration of prescription medication; 
                          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 individual plan for 
          food allergy management, in consultation 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-administering 
                  medication; and
                      (B) such administration is not prohibited by State 
                  law.
              (3) Communication strategies between individual schools or 
          early childhood education programs and providers of emergency 
          medical 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 
          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 children.
              (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 administer epinephrine 
          when the nurse is not immediately available.
              (8) The timely accessibility of epinephrine by school or 
          early childhood education program personnel when the nurse is 
          not immediately available.
              (9) The creation of a plan contained in each individual 
          plan for food allergy management that addresses the appropriate 
          response to an incident of anaphylaxis of a child while such 
          child is engaged in extracurricular programs of a school or 
          early childhood education program, such as non-academic outings 
          and field trips, before- and after-school programs or before- 
          and after-early child education program programs, and school-
          sponsored or early childhood education program-sponsored 
          programs held on weekends.
              (10) Maintenance of information for each administration of 
          epinephrine to a child at risk for anaphylaxis 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 subsection (a) shall be construed to 
  preempt State law, including 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 management 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 time, in such manner, and 
          including such information 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 allergy 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, 
                          administrators, 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 
                          Secretary determines appropriate;
                      (C) an itemization of how grant funds received 
                  under this section will be expended;
                      (D) a description of how adoption of the guidelines 
                  and implementation of grant activities will be 
                  monitored; and
                      (E) an agreement by the local educational agency to 
                  report information required by the Secretary to conduct 
                  evaluations under this section.
      (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, including 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 departments, 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 related to, food allergies 
          and anaphylactic shock.
              (4) Outreach to parents.
              (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 program 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 Secretary may not provide 
  grant funding to a local educational agency under this section after 
  such local educational 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 section, 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 Secondary 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 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 educational 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-federal contribution.--
          Non-Federal funds required under paragraph (1) may be cash or 
          in-kind, including 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 administrative costs related to carrying out this section.
      (j) Progress and Evaluations.--At the completion 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 of implementation of the food allergy and anaphylaxis 
  management guidelines described in section 3.
      (k) Supplement, Not Supplant.--Grant funds received 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 guidelines developed by the Secretary under 
  section 3 shall be construed to require a local educational agency to 
  implement such guidelines.
      (b) Exception.--Notwithstanding subsection (a), the Secretary may 
  enforce an agreement by a local educational agency to implement food 
  allergy and anaphylaxis management guidelines as a condition of the 
  receipt of a grant under section 4.
target: Food Allergy and Anaphylaxis Management Act of 2009 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies, schools, early childhood education programs, and other interested entities voluntary guidelines to develop plans for individuals to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs. Directs that such guidelines address: (1) parental obligation to provide the documentation of their child's allergies; (2) the creation of an individual food allergy management plan for each such child; (3) communication between schools or programs and emergency medical services; (4) reduction of exposure to anaphylactic causative agents; (5) food allergy management training; and (6) administration of epinephrine.
  
  Allows the Secretary to award matching grants to assist local educational agencies in implementing such food allergy and anaphylaxis management guidelines.
feat_title: 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.