Page:United States Statutes at Large Volume 124.djvu/3975

124 STAT. 3949 PUBLIC LAW 111–353—JAN. 4, 2011 ‘‘(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. Definition.