118 STAT. 774 PUBLIC LAW 108–265—JUNE 30, 2004 environment for women participating in the program under this section to support the breastfeeding goals of the Healthy People 2010 initiative.’’. (3) SIZE OF STATE ALLIANCES.—Section 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(8)(A)) is amended by adding at the end the following: ‘‘(iv) SIZE OF STATE ALLIANCES.— ‘‘(I) IN GENERAL.—Except as provided in sub clauses (II) through (IV), no State alliance may exist among States if the total number of infants served by States participating in the alliance as of October 1, 2003, or such subsequent date deter mined by the Secretary for which data is available, would exceed 100,000. ‘‘(II) ADDITION OF INFANT PARTICIPANTS.—In the case of a State alliance that exists on the date of enactment of this clause, the alliance may continue and may expand to serve more than 100,000 infants but, except as provided in sub clause (III), may not expand to include any addi tional State agency. ‘‘(III) ADDITION OF SMALL STATE AGENCIES AND INDIAN STATE AGENCIES.—Any State alliance may expand to include any State agency that served less than 5,000 infant participants as of October 1, 2003, or such subsequent date determined by the Secretary for which data is available, or any Indian State agency, if the State agency or Indian State agency requests to join the State alliance. ‘‘(IV) SECRETARIAL WAIVER.—The Secretary may waive the requirements of this clause not earlier than 30 days after submitting to the Com mittee on Education and the Workforce of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a written report that describes the cost contain ment and competitive benefits of the proposed waiver.’’. (4) PRIMARY CONTRACT INFANT FORMULA.— (A) IN GENERAL.—Section 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(8)(A)) (as amended by paragraph (3)) is amended— (i) in clause (ii)(I), by striking ‘‘contract brand of’’ and inserting ‘‘primary contract’’; (ii) in clause (iii), by inserting ‘‘for a specific infant formula for which manufacturers submit a bid’’ after ‘‘lowest net price’’; and (iii) by adding at the end the following: ‘‘(v) FIRST CHOICE OF ISSUANCE.—The State agency shall use the primary contract infant formula as the first choice of issuance (by formula type), with all other infant formulas issued as an alternative to the primary contract infant formula.’’. (B) APPLICABILITY.—The amendments made by subparagraph (A) apply to a contract resulting from a bid solicitation issued on or after October 1, 2004. 42 USC 1786 note.
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