[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3242 Introduced in House (IH)]

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 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.

    Be it enacted by the Senate and House of Representatives 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 subsection:
    ``(c)(1) A school or other institution eligible for payments under 
this Act may not contract with--
            ``(A) a company that is convicted of violating any of the 
        antitrust laws in connection with a contract with any such 
        school or institution for the procurement of milk; or
            ``(B) any other company, unless such company agrees not to 
        enter into a subcontract for the performance of such contract 
        with any company described 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 includes--
            ``(A) 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
            ``(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 subsection:
    ``(f)(1) A school or food service authority participating 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 contract 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 performance of such contract 
        with any company described 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 includes--
            ``(A) 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
            ``(B) any State law similar to the antitrust laws.''.

SEC. 2. REQUIREMENT TO DEBAR FROM CONTRACTING WITH THE DEPARTMENT OF 
              DEFENSE COMPANIES 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 convicted 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 required 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.

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