I
103D CONGRESS
1ST SESSION
H. R. 3242
To prohibit for a 5-year period the award of contracts for the procurement
of milk products for schools and military bases to companies convicted
of violating any of the antitrust laws in connection with a contract
with the Department of Defense or with any school or other institution
eligible for payments under the Child Nutrition Act of 1966 or the
National School Lunch Act.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 7, 1993
Mr. MILLER of California (for himself, Mr. FOGLIETTA, Mr. LIPINSKI, and
Mr. WYNN) introduced the following bill; which was referred jointly to the
Committees on Education and Labor and Armed Services
A BILL
To prohibit for a 5-year period the award of contracts for
the procurement of milk products for schools and mili-
tary bases to companies convicted of violating any of
the antitrust laws in connection with a contract with
the Department of Defense or with any school or other
institution eligible for payments under the Child Nutri-
tion Act of 1966 or the National School Lunch Act.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AMENDMENTS TO THE CHILD NUTRITION ACT
OF 1966 AND THE NATIONAL SCHOOL LUNCH
ACT.
(a) CHILD NUTRITION ACT OF 1966.—Section 11 of
the Child Nutrition Act of 1966 (42 U.S.C. 1780) is
amended by adding at the end the following new sub-
section:
‘‘(c)(1) A school or other institution eligible for pay-
ments under this Act may not contract with—
‘‘(A) a company that is convicted of violating
any of the antitrust laws in connection with a con-
tract with any such school or institution for the pro-
curement of milk; or
‘‘(B) any other company, unless such company
agrees not to enter into a subcontract for the per-
formance of such contract with any company de-
scribed in subparagraph (A).
‘‘(2) The prohibition in paragraph (1) shall apply for
a period of not less than 5 years after the date of the
conviction.
‘‘(3) The term ‘antitrust laws’ has the meaning given
to such term in subsection (a) of the first section of the
Clayton Act (15 U.S.C. 12(a)), except that such term in-
cludes—
‘‘(A) section 5 of the Federal Trade Commis-
sion Act (15 U.S.C. 45) to the extent that such sec-
tion 5 applies to unfair methods of competition; and
‘‘(B) any State law similar to the antitrust
laws.’’.
(b) NATIONAL SCHOOL LUNCH ACT.—Section 9 of
the National School Lunch Act (42 U.S.C. 1758) is
amended by adding at the end the following new sub-
section:
‘‘(f)(1) A school or food service authority participat-
ing in a program under this Act may not contract with—
‘‘(A) a company that is convicted of violating
any of the antitrust laws in connection with a con-
tract with any such school or food service authority
for the procurement of milk; or
‘‘(B) any other company, unless such company
agrees not to enter into a subcontract for the per-
formance of such contract with any company de-
scribed in subparagraph (A).
‘‘(2) The prohibition in paragraph (1) shall apply for
a period of not less than 5 years after the date of the
conviction.
‘‘(3) The term ‘antitrust laws’ has the meaning given
to such term in subsection (a) of the first section of the
Clayton Act (15 U.S.C. 12(a)), except that such term in-
cludes—
‘‘(A) section 5 of the Federal Trade Commis-
sion Act (15 U.S.C. 45) to the extent that such sec-
tion 5 applies to unfair methods of competition; and
‘‘(B) any State law similar to the antitrust
laws.’’.
SEC. 2. REQUIREMENT TO DEBAR FROM CONTRACTING
WITH THE DEPARTMENT OF DEFENSE COM-
PANIES CONVICTED OF BID RIGGING ON
MILK CONTRACTS.
(a) REQUIREMENT TO DEBAR.—The Secretary of
Defense shall debar from contracting or subcontracting
with the Department of Defense a company that is con-
victed of violating any of the antitrust laws in connection
with a contract with the Department of Defense for the
procurement of milk.
(b) PERIOD OF DEBARMENT.—The debarment re-
quired by subsection (a) shall apply for a period of not
less than five years after the date of the conviction.
(c) DEFINITION OF ANTITRUST LAWS.—The term
‘‘antitrust laws’’ has the meaning given to such term in
subsection (a) of the first section of the Clayton Act (15
U.S.C. 12(a)), except that such term includes—
(1) section 5 of the Federal Trade Commission
Act (15 U.S.C. 45) to the extent that such section
5 applies to unfair methods of competition; and
(2) any State law similar to the antitrust laws.
Æ