Page:United States Statutes at Large Volume 108 Part 6.djvu/161

 PUBLIC LAW 103-448—NOV. 2, 1994 108 STAT. 4729 any criminal proceeding, or found liable in any civil or administrative proceeding, in connection with the supplying, providing, or selling of goods or services to any local agency in connection with a child nutrition program, of— "(A) an anticompetitive activity, including bid-rigging, price-fixing, the allocation of customers between competitors, or other violation of Federal or State antitrust laws; "(B) fraud, bribery, theft, forgery, or embezzlement; "(C) knowingly receiving stolen property; "(D) making a false claim or statement; or "(E) any other obstruction of justice. "(3) EXCEPTION.—I f the Secretary determines that a decision on initiating nonprocurement debarment proceedings cannot be made within 180 days after notification of the occurrence of a cause for debarment described in paragraph (2) because of the need to further investigate matters relating to the possible debarment, the Secretary may have such additional time as the Secretary considers necessary to make a decision, but not to exceed an additional 180 days. " (4) MANDATORY CHILD NUTRITION PROGRAM DEBARMENT PERIODS.— "(A) IN GENERAL.— Subject to the other provisions of this paragraph and notwithstanding any other provision of law except subsection (e), if, after deciding to initiate nonprocurement debarment proceedings pursuant to paragraph (1), the Secretary decides to debar a contractor, the debarment shall be for a period of not less than 3 years. "(B) PREVIOUS DEBARMENT. — If the contractor has been previously debarred pursuant to nonprocurement debarment proceedings initiated pursuant to paragraph (1), and the cause for debarment is described in paragraph (2) based on activities that occurred subsequent to the initial debarment, the debarment shall be for a period of not less than 5 years. "(C) SCOPE.— At a minimum, a debarment under this subsection shall serve to bar the contractor for the specified period from contracting to provide goods or services in conjunction with the participation of a local agency in a child nutrition program. "(D) REVERSAL, REDUCTION, OR EXCEPTION.— Nothing in this section shall restrict the ability of the Secretary to— "(i) reverse a debarment decision; "(ii) reduce the period or scope of a debarment; "(iii) grant an exception permitting a debarred contractor to participate in a particular contract to provide goods or services; or "(iv) otherwise settle a debarment action at any time; in conjunction with the participation of a local agency in a child nutrition program, if the Secretary determines there is good cause for the action, after taking into account factors set forth in paragraphs (1) through (6) of subsection (e). "(5) INFORMATION.—On request, the Secretary shall present to the Committee on Education and Labor, and the Committee 79-194 O—95—6:QL3Part6

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