Page:United States Statutes at Large Volume 108 Part 6.djvu/162

 108 STAT. 4730 PUBLIC LAW 103-448—NOV. 2, 1994 on Agriculture, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate information regarding the decisions required by this subsection. "(6) RELATIONSHIP TO OTHER AUTHORITIES. —A debarment imposed under this section shall not reduce or diminish the authority of a Federed, State, or local government agency or court to penalize, imprison, fine, suspend, debar, or take other adverse action against a person in a civil, criminal, or administrative proceeding. "(7) REGULATIONS. —The Secretary shall issue such regulations as are necessary to carry out this subsection. "(e) MANDATORY DEBARMENT. —Notwithstanding any other provision of this section, the Secretary shall initiate nonprocurement debarment proceedings against the contractor (including any cooperative) who has committed the cause for debarment (as determined under subsection (d)(2)), unless the action— "(1) is likely to have a significant adverse effect on competition or prices in the relevant market or nationally; "(2) will interfere with the ability of a local agency to procure a needed product for a child nutrition program; "(3) is unfair to a person, subsidiary corporation, affiliate, parent company, or local division of a corporation that is not involved in the improper activity that would otherwise result in the debarment; "(4) is likely to have significant adverse economic impacts on the local economy in a manner that is unfair to innocent parties; "(5) is not justified in light of the penalties already imposed on the contractor for violations relevant to the proposed debarment, including any suspension or debarment arising out of the same matter that is imposed by any Federed or State agency; or "(6) is not in the public interest, or otherwise is not in the interests ofjustice, as determined by the Secretary. "(f) EXHAUSTION OF ADMINISTRATIVE REMEDIES. — Prior to seeking judicial review in a court of competent jurisdiction, a contractor against whom a nonprocurement debarment proceeding has been initiated shall— "(1) exhaust all administrative procedures prescribed by the Secretary; and "(2) receive notice of the final determination of the Secretary. " (g) INFORMATION RELATING TO PREVENTION AND CONTROL OF ANTICOMPETITIVE ACTIVITIES. —On request, the Secretary shall present to the Committee on Education and Labor, and the Committee on Agriculture, of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate information regarding the activities of the Secretary relating to anticompetitive activities, fraud, nonprocurement debarment, and any wedver granted by the Secretary under this section.". 42 USC I769f (b) APPLICABILITY. —Section 25 of the National School Lunch "°^- Act (as added by subsection (a)) shall not apply to a cause for debarment as described in section 25(d)(2) of such Act that is based on an activity that took place prior to the effective date of section 25 of such Act.

�