106 STAT. 3364 PUBLIC LAW 102-512—OCT. 24, 1992 from funds available under this section that have not been otherwise allocated to States."; and (3) in subclause (II), by striking "then allocate," and inserting "After making the allocations under subclause (I), the Secretary shall Eillocate,". 42 USC 1769 SEC. 104. EFFECTIVE DATE. This title and the amendments made by this title shall become effective on September 30, 1992. ?S.u"i^* TITLE II—WIC INFANT FORMULA Kronm' PROCUREMENT 42 USC 1771 SEC. 201. SHORT TITLE. This title may be cited as the "WIC Infant Formula Procurement Act of 1992". 42 USC 1786 SEC. 202. WIC INFANT FORMULA PROTECTION. "°*®- (a) FINDINGS.— (1) the domestic infant formula industry is one of the most concentrated manufacturing industries in the United States; (2) only three pharmaceutical firms are responsible for almost all domestic infant formula production; (3) coordination of pricing and marketing strategies is a potential danger where only a very few companies compete regarding a given product; (4) improved competition among suppliers of infant formula to the special supplemental food program for women, infants, and children (WIC) can save substantial additional sums to be used to put thousands of additional eligible women, infants, and children on the WIC program; and (5) barriers exist in the infant formula industry that inhibit the entry of new firms and thus limit competition. (b) PURPOSES. — It is the purpose of this title to enhance competition among infant formula manufacturers and to reduce the per unit costs of infant formula for the special supplemental food program for women, infants, and children (WIC). SEC. 203. DEFINITIONS. Section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) is amended by striking paragraph (17) and inserting the following new paragraphs: "(17) 'Competitive bidding* means a procurement process under which the Secretary or a State agency selects a single source (a single infant formula manufacturer) offering the lowest price, as determined by the submission of sealed bids, for a product for which bids are sought for use in the program authorized by this section. "(18) 'Rebate' means the amount of money refunded under cost containment procedures to any State agency from the manufacturer or other supplier of the particular food product as the result of the purchase of the supplemental food with a voucher or other purchase instrument by a participant in each such agency's program established under this section.
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