ENHANCING FOOD SAFETY.

SEC. 210. ENHANCING FOOD SAFETY.(a) Grants To Enhance Food Safety.—Section 1009 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 399) is amended to read as follows:“SEC. 1009. GRANTS TO ENHANCE FOOD SAFETY.“(a) In General.—The Secretary is authorized to make grants to eligible entities to—“(1) undertake examinations, inspections, and investigations, and related food safety activities under section 702;“(2) train to the standards of the Secretary for the examination, inspection, and investigation of food manufacturing, processing, packing, holding, distribution, and importation, including as such examination, inspection, and investigation relate to retail food establishments;“(3) build the food safety capacity of the laboratories of such eligible entity, including the detection of zoonotic diseases;“(4) build the infrastructure and capacity of the food safety programs of such eligible entity to meet the standards as outlined in the grant application; and124 STAT. 3949“(5) take appropriate action to protect the public health in response to—“(A) a notification under section 1008, including planning and otherwise preparing to take such action; or“(B) a recall of food under this Act.“(b) Eligible Entities; Application.—“(1) In general.—In this section, the term ‘eligible entity’ means an entity—“(A) that is—“(i) a State;“(ii) a locality;“(iii) a territory;“(iv) an Indian tribe (as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act); or“(v) a nonprofit food safety training entity that collaborates with 1 or more institutions of higher education; and“(B) that submits 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 eligible entity has developed plans to engage in the types of activities described in subsection (a);“(B) a description of the types of activities to be funded by the grant;“(C) an itemization of how grant funds received under this section will be expended;“(D) a description of how grant activities will be monitored; and“(E) an agreement by the eligible entity to report information required by the Secretary to conduct evaluations under this section.“(c) Limitations.—The funds provided under subsection (a) shall be available to an eligible entity that receives a grant under this section only to the extent such entity funds the food safety programs of such entity independently of any grant under this section in each year of the grant at a level equal to the level of such funding in the previous year, increased by the Consumer Price Index. Such non-Federal matching funds may be provided directly or through donations from public or private entities and may be in cash or in-kind, fairly evaluated, including plant, equipment, or services.“(d) Additional Authority.—The Secretary may—“(1) award a grant under this section in each subsequent fiscal year without reapplication for a period of not more than 3 years, provided the requirements of subsection (c) are met for the previous fiscal year; and“(2) award a grant under this section in a fiscal year for which the requirement of subsection (c) has not been met only if such requirement was not met because such funding was diverted for response to 1 or more natural disasters or in other extenuating circumstances that the Secretary may determine appropriate.124 STAT. 3950“(e) Duration of Awards.—The Secretary may award grants to an individual grant recipient under this section for periods of not more than 3 years. In the event the Secretary conducts a program evaluation, funding in the second year or third year of the grant, where applicable, shall be contingent on a successful program evaluation by the Secretary after the first year.“(f) Progress and Evaluation.—“(1) In general.—The Secretary shall measure the status and success of each grant program authorized under the FDA Food Safety Modernization Act (and any amendment made by such Act), including the grant program under this section. A recipient of a grant described in the preceding sentence shall, at the end of each grant year, provide the Secretary with information on how grant funds were spent and the status of the efforts by such recipient to enhance food safety. To the extent practicable, the Secretary shall take the performance of such a grant recipient into account when determining whether to continue funding for such recipient.“(2) No duplication.—In carrying out paragraph (1), the Secretary shall not duplicate the efforts of the Secretary under other provisions of this Act or the FDA Food Safety Modernization Act that require measurement and review of the activities of grant recipients under either such Act.“(g) 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.“(h) Authorization of Appropriations.—For the purpose of making grants under this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2011 through 2015.” .(b) Centers of Excellence.—Part P of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following:“SEC. 399V–5. FOOD SAFETY INTEGRATED CENTERS OF EXCELLENCE.“(a) In General.—Not later than 1 year after the date of enactment of the FDA Food Safety Modernization Act, the Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consultation with the working group described in subsection (b)(2), shall designate 5 Integrated Food Safety Centers of Excellence (referred to in this section as the ‘Centers of Excellence’) to serve as resources for Federal, State, and local public health professionals to respond to foodborne illness outbreaks. The Centers of Excellence shall be headquartered at selected State health departments.“(b) Selection of Centers of Excellence.—“(1) Eligible entities.—To be eligible to be designated as a Center of Excellence under subsection (a), an entity shall—“(A) be a State health department;“(B) partner with 1 or more institutions of higher education that have demonstrated knowledge, expertise, and meaningful experience with regional or national food production, processing, and distribution, as well as leadership in the laboratory, epidemiological, and environmental detection and investigation of foodborne illness; and124 STAT. 3951“(C) provide to the Secretary such information, at such time, and in such manner, as the Secretary may require.“(2) Working group.—Not later than 180 days after the date of enactment of the FDA Food Safety Modernization Act, the Secretary shall establish a diverse working group of experts and stakeholders from Federal, State, and local food safety and health agencies, the food industry, including food retailers and food manufacturers, consumer organizations, and academia to make recommendations to the Secretary regarding designations of the Centers of Excellence.“(3) Additional centers of excellence.—The Secretary may designate eligible entities to be regional Food Safety Centers of Excellence, in addition to the 5 Centers designated under subsection (a).“(c) Activities.—Under the leadership of the Director of the Centers for Disease Control and Prevention, each Center of Excellence shall be based out of a selected State health department, which shall provide assistance to other regional, State, and local departments of health through activities that include—“(1) providing resources, including timely information concerning symptoms and tests, for frontline health professionals interviewing individuals as part of routine surveillance and outbreak investigations;“(2) providing analysis of the timeliness and effectiveness of foodborne disease surveillance and outbreak response activities;“(3) providing training for epidemiological and environmental investigation of foodborne illness, including suggestions for streamlining and standardizing the investigation process;“(4) establishing fellowships, stipends, and scholarships to train future epidemiological and food-safety leaders and to address critical workforce shortages;“(5) training and coordinating State and local personnel;“(6) strengthening capacity to participate in existing or new foodborne illness surveillance and environmental assessment information systems; and“(7) conducting research and outreach activities focused on increasing prevention, communication, and education regarding food safety.“(d) Report to Congress.—Not later than 2 years after the date of enactment of the FDA Food Safety Modernization Act, the Secretary shall submit to Congress a report that—“(1) describes the effectiveness of the Centers of Excellence; and“(2) provides legislative recommendations or describes additional resources required by the Centers of Excellence.“(e) Authorization of Appropriations.—There is authorized to be appropriated such sums as may be necessary to carry out this section.“(f) No Duplication of Effort.—In carrying out activities of the Centers of Excellence or other programs under this section, the Secretary shall not duplicate other Federal foodborne illness response efforts.” .