Page:United States Statutes at Large Volume 103 Part 1.djvu/930

 103 STAT. 902 PUBLIC LAW 101-147—NOV. 10, 1989 Indians. Regulations. tion Act of 1989, subparagraph (B) shall not apply to the program operated by such State under this section until the term of such contract, as such term is specified by the contract as in effect on such date, expires. In the case of any State that has more than 1 such contract in effect on the date of the enactment of such Act, subparagraph (B) shall not apply until the term of the contract with the latest expiration date, as such term is specified by such contract as in effect on the date of the enactment of such Act, expires. "(D)(i) The Secretary shall waive the requirement of subparagraph (B) in the case of any State that demonstrates to the Secretary that— "(I) compliance with subparagraph (B) would be inconsistent with efficient or effective operation of the program operated by such State under this section; or "(II) the amount by which the savings yielded by an alter- native cost containment system would be less than the savings yielded by a competitive bidding system is sufficiently minimal that the difference is not significant. "(ii) The Secretary shall prescribe criteria under which a waiver may be granted pursuant to clause (i). (.iii) The Secretary shall provide information at 6-month intervals to the Committee on Education cuid Labor of the House of Rep- resentatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on waivers that have been granted under clause (i). "(E)(i) The Secretary shall provide technical assistance to small Indian State agencies canning out this paragraph in order to assist such agencies to achieve the maximum cost containment savings feasible. "(ii) The Secretary shall also provide technical assistance, on request, to State agencies that do not have large caseloads and that desire to consider a cost containment system that covers more than 1 State agency. "(iii) The Secretary may waive the requirement of subparagraph (B) in the case of any Indian State agency that has not more than 1,000 participants. "(F) No State may enter into a cost containment contract (in this subparagraph referred to as the "original contract") that prescribes conditions that would void, reduce the savings under, or otherwise limit the original contract if the State solicited or secured bids for, or entered into, a subsequent cost containment contract to take effect affer the expiration of the original contract. "(G) Not later than the expiration of the 120-day period beginning on the date of the enactment of the Child Nutrition and WIC Re- authorization Act of 1989, the Secretary shall prescribe regulations to carry out this paragraph. Such regulations shall address issues involved in comparing savings from different cost containment measures, as provided under subparagraph (B). "(9) For purposes of this subsection, the term 'cost containment measure' means a competitive bidding, rebate, direct distribution, or home delivery system implemented by a State agency as described in its approved plan of operation and administration."; (7) in subsection (i)— (A) in paragraph (1), by striking "funds provided in accordance with this section" and inserting "amounts made available for food benefits under subsection (h)(l)(C)"; (B) in subparagraph (D) of paragraph (3)—

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