Page:United States Statutes at Large Volume 124.djvu/3946

 124 STAT. 3920 PUBLIC LAW 111–353—JAN. 4, 2011 (B) DETERMINATION OF AMOUNT OF NON-FEDERAL CON- TRIBUTION.—Non-Federal funds required under subpara- graph (A) may be cash or in kind, including plant, equip- ment, or services. Amounts provided by the Federal Govern- ment, and any portion of any service subsidized by the Federal Government, may not be included in determining the amount of such non-Federal funds. (9) ADMINISTRATIVE FUNDS.—A local educational agency that receives a grant under this subsection may use not more than 2 percent of the grant amount for administrative costs related to carrying out this subsection. (10) PROGRESS AND EVALUATIONS.—At the completion of the grant period referred to in paragraph (4), 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 subsection (b). (11) SUPPLEMENT, NOT SUPPLANT.—Grant funds received under this subsection shall be used to supplement, and not supplant, non-Federal funds and any other Federal funds avail- able to carry out the activities described in this subsection. (12) AUTHORIZATION OF APPROPRIATIONS.—There is author- ized to be appropriated to carry out this subsection $30,000,000 for fiscal year 2011 and such sums as may be necessary for each of the 4 succeeding fiscal years. (d) VOLUNTARY NATURE OF GUIDELINES.— (1) IN GENERAL.—The food allergy and anaphylaxis management guidelines developed by the Secretary under sub- section (b) are voluntary. Nothing in this section or the guide- lines developed by the Secretary under subsection (b) shall be construed to require a local educational agency to implement such guidelines. (2) EXCEPTION.—Notwithstanding paragraph (1), the Sec- retary may enforce an agreement by a local educational agency to implement food allergy and anaphylaxis management guide- lines as a condition of the receipt of a grant under subsection (c). SEC. 113. NEW DIETARY INGREDIENTS. (a) IN GENERAL.—Section 413 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350b) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: ‘‘(c) NOTIFICATION.— ‘‘(1) IN GENERAL.—If the Secretary determines that the information in a new dietary ingredient notification submitted under this section for an article purported to be a new dietary ingredient is inadequate to establish that a dietary supplement containing such article will reasonably be expected to be safe because the article may be, or may contain, an anabolic steroid or an analogue of an anabolic steroid, the Secretary shall notify the Drug Enforcement Administration of such determination. Such notification by the Secretary shall include, at a minimum, the name of the dietary supplement or article, the name of the person or persons who marketed the product or made