H. R. 2751—64 
‘‘(1) IN GENERAL.—To be eligible for a grant under this 
section, an entity shall be— 
‘‘(A) a State cooperative extension service; 
‘‘(B) a Federal, State, local, or tribal agency, a nonprofit 
community-based or non-governmental organization, or an 
organization representing owners and operators of farms, 
small food processors, or small fruit and vegetable mer-
chant wholesalers that has a commitment to public health 
and expertise in administering programs that contribute 
to food safety; 
‘‘(C) an institution of higher education (as defined in 
section 101(a) of the Higher Education Act of 1965 (20 
U.S.C. 1001(a))) or a foundation maintained by an institu-
tion of higher education; 
‘‘(D) a collaboration of 2 of more eligible entities 
described in this subsection; or 
‘‘(E) such other appropriate entity, as determined by 
the Secretary. 
‘‘(2) MULTISTATE PARTNERSHIPS.—Grants under this section 
may be made for projects involving more than 1 State. 
‘‘(g) REGIONAL BALANCE.—In making grants under this section, 
the Secretary shall, to the maximum extent practicable, ensure— 
‘‘(1) geographic diversity; and 
‘‘(2) diversity of types of agricultural production. 
‘‘(h) TECHNICAL ASSISTANCE.—The Secretary may use funds 
made available under this section to provide technical assistance 
to grant recipients to further the purposes of this section. 
‘‘(i) BEST PRACTICES AND MODEL PROGRAMS.—Based on evalua-
tions of, and responses arising from, projects funded under this 
section, the Secretary may issue a set of recommended best practices 
and models for food safety training programs for agricultural pro-
ducers, small food processors, and small fresh fruit and vegetable 
merchant wholesalers. 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—For the purposes of 
making grants under this section, there are authorized to be appro-
priated such sums as may be necessary for fiscal years 2011 through 
2015.’’. 
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 investiga-
tions, and related food safety activities under section 702; 
‘‘(2) train to the standards of the Secretary for the examina-
tion, inspection, and investigation of food manufacturing, proc-
essing, 
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 out-
lined in the grant application; and
H. R. 2751—65 
‘‘(5) take appropriate action to protect the public health 
in response to— 
‘‘(A) a notification under section 1008, including plan-
ning 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 Assist-
ance Act); or 
‘‘(v) a nonprofit food safety training entity that 
collaborates with 1 or more institutions of higher edu-
cation; 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 para-
graph (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 mon-
itored; and 
‘‘(E) an agreement by the eligible entity to report 
information required by the Secretary to conduct evalua-
tions 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, equip-
ment, 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.
H. R. 2751—66 
‘‘(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 Moderniza-
tion 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 appro-
priated 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 Sec-
retary, acting through the Director of the Centers for Disease Con-
trol 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 edu-
cation that have demonstrated knowledge, expertise, and 
meaningful experience with regional or national food 
production, processing, and distribution, as well as leader-
ship in the laboratory, epidemiological, and environmental 
detection and investigation of foodborne illness; and
H. R. 2751—67 
‘‘(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 designa-
tions of the Centers of Excellence. 
‘‘(3) ADDITIONAL CENTERS OF EXCELLENCE.—The Secretary 
may designate eligible entities to be regional Food Safety Cen-
ters 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 Excel-
lence 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 con-
cerning 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 activi-
ties; 
‘‘(3) providing training for epidemiological and environ-
mental 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 assess-
ment 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 addi-
tional 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.’’. 
SEC. 211. IMPROVING THE REPORTABLE FOOD REGISTRY. 
(a) IN GENERAL.—Section 417 (21 U.S.C. 350f) is amended—