§ 417.865 - How long may my debarment last?

§ 417.865 How long may my debarment last?

(a) If the debarring official decides to debar you, your period of debarment will be based on the seriousness of the cause(s) upon which your debarment is based. Generally, debarment should not exceed 3 years. However, if circumstances warrant, the debarring official may impose a longer period of debarment.

(b) In determining the period of debarment, the debarring official may consider the factors in 2 CFR 180.860. If a suspension has preceded your debarment, the debarring official must consider the time you were suspended.

(c) If the debarment is for a violation of the provisions of the Drug-Free Workplace Act of 1988, your period of debarment may not exceed 5 years.

(d) The Secretary shall

The Secretary must permanently debar from participation in USDA programs any individual, organization, corporation, or other entity convicted of a felony for knowingly defrauding the United States in connection with any program administered by USDA.

(

1

a)Reduction.

If the Secretary considers it appropriate s/he may reduce a

A debarment under this

subsection

paragraph may be reduced by the Secretary to a period of not less than 10 years.

(

2

b) Exemption. A debarment under this

subsection shall

paragraph will not apply with regard to participation in USDA domestic food assistance programs. For purposes of this paragraph, participation in a domestic food assistance program does not include acting as an authorized retail food store in the Supplemental Nutrition Assistance Program (SNAP), the Special Supplemental Nutrition Assistance Program for Women, Infants, and Children (WIC), or as a nonbeneficiary entity in any of the domestic food assistance programs. The programs include:

(

i

1) Special Nutrition Assistance Program, 7 U.S.C. 2011, et seq.;

(

ii

2) Food Distribution Program on Indian Reservations, 7 U.S.C. 2013(b);

(

iii

3) National School Lunch Program, 42 U.S.C. 1751, et seq.;

(

iv

4) Summer Food Service Program for Children, 42 U.S.C. 1761; Child and Adult Care Food Program, 42 U.S.C. 1766;

(

v

5) Special Milk Program for Children, 42 U.S.C. 1772; School Breakfast Program, 42 U.S.C. 1773;

(

vi

6) Special Supplemental Nutrition Program for Women, Infants, and Children, 42 U.S.C. 1786;

(

vii

7) Commodity Supplemental Food Program, 42 U.S.C. 612c note;

(

viii

8) WIC Farmers Market Nutrition Program, 42 U.S.C. 1786;

(

ix

9) Senior Farmers' Market Nutrition Program, 7 U.S.C. 3007; and

(

x

10) Emergency Food Assistance Program, 7 U.S.C. 7501, et

.

seq.