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Conrad

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  1. The Senate will come to order to debate S. 64 Farm to School Improvement Act. Debate will continue until cloture is invoked. 

     

    IN THE UNITED STATES SENATE

    Mr. MAGUIRE of Iowa, for himself, with thanks to Mr. HOLT of New Jersey, introduce the following bill;

     

    A BILL,

     

    To amend the Richard B. Russell National School Lunch Act to award grants to eligible entities for farm to school programs.

     

    SECTION. 1. SHORT TITLE.

       This Act may be cited as the, "Farm to School Improvement Act".

     

    SEC. 2. FARM TO SCHOOL PROGRAM.

       (a) Amendment.—The Richard B. Russell National School Lunch Act is amended by inserting after section 19, the following:

     

          “SEC. 19A. FARM TO SCHOOL PROGRAM.

     

             “(a) In General.—The Secretary shall provide assistance, through competitive matching grants and technical assistance, to eligible entities for farm to school programs that—

     

                “(1) improve access to local foods in schools and institutions participating in programs under this Act and section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773)

    through farm to school activities, including the purchase of local food, establishment of effective relationships between school and institutional food service providers, distributors, and producers or groups of producers, school gardens, appropriate equipment, and the provision of training and education; and

     

                “(2) are designed to—

     

                   “(A) improve the nutritional health and well being of children;

     

                   “(B) procure healthy local foods from small and medium-sized farms for meals at eligible schools and institutions;

     

                   “(C) support experiential nutrition education activities and curriculum planning that incorporates the participation of school children in farm and garden-based agricultural education activities;

     

                   “(D) develop a sustained commitment to farm to school programs in the community by linking schools and institutions, State and local agencies including Indian Tribal Organizations, institutions of higher education, agricultural producers, parents, community garden groups and other community stakeholders; and

     

                   “(E) increase farm income by facilitating farmers’ access to institutional markets including schools.

     

             “(b) Eligible Entity.—For purposes of this section, the term ‘eligible entity’ means—

     

                “(1) a school;

     

                “(2) nonprofit organization; or

     

                “(3) other entity that the Secretary determines offers a unique ability to provide services or farm-to-school programs.

     

             “(c) Grants.—

     

                “(1) TYPES OF GRANTS.—A grant awarded under this section may include—

     

                   “(A) an implementation grant to support the cost of implementing a farm to school program;

     

                   “(B) a training and technical assistance grant to support the cost of—

     

                      “(i) providing the training, operational support, information, and access to resources necessary to implement a successful farm to school program; and

     

                      “(ii) encouraging collaboration between public and private entities; or

     

                   “(C) a planning grant to support the cost of conducting research, identifying resources, and developing partnerships to design a successful and sustainable farm to school program.

     

                “(2) GRANT AMOUNTS.—A grant awarded under this section to an eligible entity shall not exceed—

     

                   “(A) in the case of an implementation or training and technical assistance grant, $100,000; and

     

                   “(B) in the case of a planning grant, $25,000.

     

                “(3) GRANT DURATION.—A grant under this section shall be awarded for a period—

     

                   “(A) in the case of an implementation or training and technical assistance grant, not to exceed 2 years; and

     

                   “(B) in the case of a planning grant, not to exceed 1 year.

     

             “(d) Cost Share.—

     

                “(1) IN GENERAL.—The amount of a grant made under this section shall not exceed 75 percent of the cost of the proposed grant activities.

     

                “(2) NON-FEDERAL SUPPORT.—A recipient of a grant under this section shall be required to provide at least 25 percent of the cost of the proposed grant activities in the form of cash or in-kind contributions (including facilities, equipment, training, or services provided by State and local governments and private sources).

     

             “(e) Evaluation.—A recipient of a grant under this section shall cooperate in an evaluation by the Secretary of the programs carried out using such grant funds.

     

             “(f) Regional Balance.—In making awards and providing technical assistance under this section, the Secretary shall to the maximum extent practicable, ensure—

     

                “(1) geographical diversity; and

     

                “(2) equitable treatment of urban, rural, and tribal communities.

     

             “(g) Technical Assistance.—The Secretary shall provide recipients of grants under this section with technical assistance, which shall include sharing information, best practices, research, and data on existing farm to school programs.

     

             “(h) Proposals.—

     

                “(1) IN GENERAL.—An eligible entity desiring to receive a grant under this section shall submit a proposal to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

     

                “(2) COMPETITIVE AWARD SELECTION.—The Secretary shall form review panels to evaluate proposals submitted under paragraph (1) based on the criteria described in paragraph (3). Such review panels shall include—

     

                   “(A) representatives of schools and eligible institutions;

     

                   “(B) registered dietitians;

     

                   “(C) operators of small and medium-sized farms;

     

                   “(D) public agencies;

     

                   “(E) non-governmental and community-based organizations with expertise in local food systems and farm to school programs; and

     

                   “(F) other appropriate parties as determined by the Secretary.

     

                “(3) PROPOSAL REVIEW CRITERIA.—In making awards under this section, the Secretary shall evaluate proposals based on the extent to which the proposed program—

     

                   “(A) improves the nutritional health and well being of children;

     

                   “(B) makes local food products available on the menu of the school or institution;

     

                   “(C) benefits local small and medium-sized farms;

     

                   “(D) incorporates experiential nutrition education activities and curriculum planning that incorporates the participation of school children in farm and garden-based agricultural education activities;

     

                   “(E) serves schools and eligible institutions with a high proportion of children who are eligible for free and reduced price lunches;

     

                   “(F) demonstrates collaboration between schools or institutions, non-governmental and community-based organizations, farmer groups, and other community partners;

     

                   “(G) demonstrates the potential for long-term program sustainability;

     

                   “(H) includes adequate and participatory evaluation plans; and

     

                   “(I) meets such other related criteria as the Secretary may determine relevant.

     

             “(i) Funding.—Beginning on October 1, 2010, or of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture to carry out this section $10,000,000 each fiscal year, to remain available until expended.”.

     

       (b) Conforming Change.—Section 18(g) of the Richard B. Russell School Lunch Act (42 U.S.C. 1769(g)) is amended—

     

          (1) by striking paragraphs (1) and (2); and

     

          (2) by redesignating paragraphs (3) and (4) as paragraphs (1) and (2), respectively.

     

      Quote

    PES: Amends the Richard B. Russell National School Lunch Act to direct the Secretary of Agriculture to provide competitive matching grants to schools, nonprofit organizations, and other able entities for farm to school programs that improve the access of school lunch and breakfast program participants to local foods. Provides that each grant may include an implementation grant, training and technical assistance grant, and planning grant.

     

    Requires farm to school programs to be designed to: (1) improve the nutritional health and well being of children; (2) procure healthy local foods from small and medium-sized farms; (3) support experiential nutrition education by involving school children in farm and garden-based agricultural education activities; (4) commit public and private community stakeholders to the sustained success of such programs; and (5) increase farmers' income by facilitating their access to institutional markets. Directs the Secretary to provide grant recipients with technical assistance that includes sharing information, best practices, research, and data on existing farm to school programs.

  2. A BILL
    To establish in the Department of Commerce the Minority Business Development Program to provide qualified minority businesses with technical assistance and contracting opportunities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
    SECTION 1. SHORT TITLE.

    This Act may be cited as the “Minority Business Development Improvements Act of 2009”.

     

    SEC. 2. MINORITY BUSINESS DEVELOPMENT PROGRAM.

    The Director of the Minority Business Development Agency shall establish the Minority Business Development Program (in this Act referred to as the “Program”) to assist qualified minority businesses. The Program shall provide to such businesses the following:

    (1) Technical assistance.

    (2) Contract procurement assistance.

     

    SEC. 3. QUALIFIED MINORITY BUSINESS.

    (a) Certification.—For purposes of the Program, the Director may certify as a qualified minority business any entity that satisfies each of the following:

    (1) Not less than 51 percent of the entity is directly and unconditionally owned or controlled by historically disadvantaged individuals.

    (2) Each officer or other individual who exercises control over the regular operations of the entity is a historically disadvantaged individual.

    (3) The net worth of each principal of the entity is not greater than $2,000,000. (The equity of a disadvantaged owner in a primary personal residence shall be considered in this calculation.)

    (4) The principal place of business of the entity is in the United States.

    (5) Each principal of the entity maintains good character in the determination of the Director, including, but not limited to, no record of violent felony convictions.

    (6) The entity engages in competitive and bona fide commercial business operations in not less than one sector of industry that has a North American Industry Classification System code.

    (7) The entity submits reports to the Director at such time, in such form, and containing such information as the Director may require.

    (8) Any additional requirements that the Director determines appropriate.

    (b) Term Of Certification.—A certification under this section shall be for a term of 5 years and may not be renewed.

     

    SEC. 4. TECHNICAL ASSISTANCE.

    (a) In General.—In carrying out the Program, the Director may provide to qualified minority businesses technical assistance with regard to the following:

    (1) Writing business plans.

    (2) Marketing.

    (3) Management.

    (4) Securing sufficient financing for business operations.

    (b) Contract Authority.—The Director may enter into agreements with persons to provide technical assistance under this section.

    (c) Authorization Of Appropriations.—There are authorized to be appropriated $200,000,000 to the Director to carry out this section. Such sums shall remain available until expended.

     

    SEC. 5. SET-ASIDE CONTRACTING OPPORTUNITIES.

    (a) In General.—The Director may enter into agreements with the United States Government and any department, agency, or officer thereof having procurement powers for purposes of providing for the fulfillment of procurement contracts and providing opportunities for qualified minority businesses with regard to such contracts.

    (b) Qualifications On Participation.—The Director shall by rule establish requirements for participation under this section by a qualified minority business in a contract.

    (c) Annual Limit On Number Of Contracts Per Qualified Minority Business.—A qualified minority business may not participate under this section in contracts in an amount that exceeds $10,000,000 for goods and services each fiscal year.

    (d) Limits On Contract Amounts.—

    (1) GOODS AND SERVICES.—Except as provided in paragraph (2), a contract for goods and services under this section may not exceed $6,000,000.

    (2) MANUFACTURING AND CONSTRUCTION.—A contract for manufacturing and construction services under this section may not exceed $10,000,000.


    SEC. 6. MANDATORY E-VERIFY.

    (a) Businesses receiving assistance under this Act shall be required to determine the eligibility of all employees to legally work in the United States using the E-Verify platform.


    SEC. 7. TERMINATION FROM THE PROGRAM.

    The Director may terminate a qualified minority business from the Program for any violation of a requirement of sections 3 through 5 of this Act by that qualified minority business, including the following:

    (1) Conduct by a principal of the qualified minority business that indicates a lack of business integrity.

    (2) Willful failure to comply with applicable labor standards and obligations.

    (3) Consistent failure to tender adequate performance with regard to contracts under the Program.

    (4) Failure to obtain and maintain relevant certifications.

    (5) Failure to pay outstanding obligations owed to the Federal Government.

    (6) Failure to verify immigration status of new hires pursuant to section 6.


    SEC. 8. REPORTS.

    (a) Report Of The Director.—Not later than October 1, 2011, and annually thereafter, the Director shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the activities of the Director during the preceding year with respect to the Program.

    (b) Report Of The Secretary Of Commerce.—Not later than October 1, 2011, and annually thereafter, the Secretary of Commerce shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the activities the Secretary engaged in during the preceding year to build wealth among historically disadvantaged individuals.

     

    SEC. 9. DEFINITIONS.

    In this Act:

    (1) HISTORICALLY DISADVANTAGED INDIVIDUAL.—The term “historically disadvantaged individual” means any individual who is a member of a group that is designated as eligible to receive assistance under section 1400.1 of title 15, Code of Federal Regulations, as in effect on January 1, 2009.

    (2) PRINCIPAL.—The term “principal” means any person that the Director determines exercises significant control over the regular operations of a business entity.

     

    PES: 

    Minority Business Development Improvements Act of 2010 - Requires the Director of the Minority Business Development Agency to establish the Minority Business Development Program to provide qualified minority businesses with technical assistance and contract procurement assistance. Outlines minority business qualification requirements for the Program, including that: (1) not less than 51% of the entity be directly and unconditionally owned or controlled by historically disadvantaged individuals; and (2) each officer or other individual exercising control over regular operations is a historically disadvantaged individual. Outlines specific types of technical assistance authorized under the Program.

    Authorizes the Director to enter into agreements for the fulfillment of federal procurement contracts by, and contracting opportunities for, qualified minority businesses. Provides contract limits.

    Allows the Director to terminate a qualified minority business from the Program under specified circumstances.

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