Rule2025-01127
Special Supplemental Food Program for Women, Infants, and Children (WIC) Overseas: Revision to Definition of Drafts
Primary source
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Published
January 17, 2025
Effective
January 17, 2025
Issuing agencies
Defense Department
Abstract
The ASD(HA) is issuing this final rule to revise the definition of drafts, currently defined as paper instruments, within the regulation governing the WIC Overseas Program. This final rule modernizes the definition of drafts to include not only paper instruments but also other methods and processes, including electronic benefit transfers. The rule is being published as a final rule as the change to the definition of drafts involve only a minor, technical amendment to the existing regulation. The Department has determined that notice and comment would be unnecessary and contrary to public interest.
Full Text
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<title>Federal Register, Volume 90 Issue 11 (Friday, January 17, 2025)</title>
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[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Rules and Regulations]
[Pages 5631-5632]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01127]
[[Page 5631]]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 199
[Docket ID: DoD-2024-HA-0119]
RIN 0720-AB91
Special Supplemental Food Program for Women, Infants, and
Children (WIC) Overseas: Revision to Definition of Drafts
AGENCY: Defense Health Agency, Assistant Secretary of Defense for
Health Affairs (ASD(HA)), Department of Defense (DoD).
ACTION: Final rule.
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SUMMARY: The ASD(HA) is issuing this final rule to revise the
definition of drafts, currently defined as paper instruments, within
the regulation governing the WIC Overseas Program. This final rule
modernizes the definition of drafts to include not only paper
instruments but also other methods and processes, including electronic
benefit transfers. The rule is being published as a final rule as the
change to the definition of drafts involve only a minor, technical
amendment to the existing regulation. The Department has determined
that notice and comment would be unnecessary and contrary to public
interest.
DATES: This rule is effective January 17, 2025.
FOR FURTHER INFORMATION CONTACT: Kimberly Stakes, 703-275-6055,
<a href="/cdn-cgi/l/email-protection#53383a3e3136213f2a7d3f7d2027323836207d303a25133b36323f273b7d3e3a3f"><span class="__cf_email__" data-cfemail="096260646b6c7b65702765277a7d68626c7a276a607f49616c68657d6127646065">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
A. Statement of Need for This Rule
The WIC Overseas Program is a DoD nutrition education and
supplemental food program, similar to the United States (U.S.)
Department of Agriculture's WIC program in the United States, for U.S.
active-duty military personnel and other support staff stationed
overseas and their dependents. The program provides multiple benefits
such as food vouchers (or drafts), nutrition education and health
screenings to help families save money and lead healthier lives.
Providing WIC Overseas participants a specific prescription of
supplemental nutritious foods based on their nutritional needs is a
cornerstone of WIC's mission. Counselors provide participants with an
approved food list and redeemable food checks called ``drafts,'' which
participants exchange for specific foods and quantities in overseas
commissaries and Navy Exchange Markets (NEXMARTs). Currently, WIC
Overseas participants receive drafts, paper food instruments that
contain their food prescription. The drafts are then transacted at
participating overseas commissaries and NEXMARTs enabling the
participant to receive their WIC Overseas Program food benefits.
Modernizing the definition of drafts in Sec. 199.23 of title 32 of
the Code of Federal Regulations (CFR) will provide the DoD with
additional flexibility, similar to what already exists under the WIC
program in the U.S., to issue drafts in the form of electronic benefit
cards or other approved access devices or methods. For example,
modernizing the definition of drafts in 32 CFR 199.23 could permit
enrollees to use electronic benefit transactions, similar to a debit
card, or other non-paper methods and processes, to purchase their
authorized supplemental food items at their convenience and through
multiple trips if desired or if required when items are temporarily out
of stock. Existing paper instruments do not provide this level of
flexibility as enrollees must use their monthly paper drafts in
totality in a single shopping trip, regardless of whether they receive
all the allotted foods authorized on the monthly paper draft. Expanding
the definition of draft in the WIC Overseas Program allows both the WIC
Overseas Program and its participants to use advanced technologies in
the delivery of benefits and helps support the WIC Overseas Program's
goal to improve client services through increased convenience,
efficiency, and flexibility in how and when participants may purchase
the authorized food items. The DoD also anticipates that the use of
advanced technologies will provide opportunities for increased data
analysis and feedback on the type, brand, and cost of each food item to
better control food cost and help manage the WIC Overseas Program more
efficiently. Additionally, the use of advanced technologies will likely
reduce the risk of fraud and abuse within the program.
Generally, the Administrative Procedure Act (APA) requires a
Federal agency to provide the public with notice and an opportunity to
comment on agency rulemaking. The APA, however, creates an exception in
cases where an agency for good cause determines that notice and public
procedures are impracticable, unnecessary, or contrary to public
interest. The rule is being published as a final rule as the change to
the definition of drafts involve only a minor, technical amendment to
the existing regulation. The Department has good cause to determine
that notice and comment would be unnecessary and contrary to public
interest.
Furthermore, the APA generally provides that a final rule may not
become effective until at least 30 days after its publication in the
Federal Register unless the agency determines that good cause exists to
dispense with this requirement. As noted above, given that the rule
does not impose new requirements and the change to the definition of
drafts involve only a minor, technical amendment to the existing
regulation, the Department finds sufficient good cause exists to
dispense with the 30-day effective date requirement. The rule will be
effective immediately upon publication.
B. Legal Authority
The legal authority for this final rule resides in chapter 53 of
title 10, United States Code (U.S.C.). Within 10 U.S.C. chapter 53,
section 1060a gives the Secretary of Defense the authority and
responsibility to administer the Special Supplemental Food Program,
known as the WIC Overseas Program, to provide supplemental foods and
nutrition education to members of the armed forces on duty at stations
outside the United States (and its territories and possessions) and to
eligible civilians serving with, employed by, or accompanying the armed
forces outside the United States (and its territories and possessions).
The text of 10 U.S.C. chapter 53 can be found at <a href="https://uscode.house.gov/view.xhtml?req=">https://uscode.house.gov/view.xhtml?req=</a>(title:%20section:1060a%20edition:prelim)%20OR%20(granule
id:U.S.C.-prelim-title-
section1060a)&f=treesort&edition=prelim&num=0&jumpTo=true.
C. Applicability
This rule will modernize the definition of drafts under the DoD's
WIC Overseas Program. It is anticipated that the Department's use of
the additional flexibility provided by a modernized definition of
drafts will have a positive impact on eligible participants living
overseas as it will give them more flexibility to purchase WIC Overseas
approved foods.
D. Regulatory History
Section 199.23 was added to 32 CFR part 199 when the final rule
published on March 26, 2004 (69 FR 15678) and has not been revised
since. The only change being made in this final rule is to revise the
definition of drafts in Sec. 199.23.
[[Page 5632]]
II. Impact of This Regulation
There is no direct monetary impact to modernizing the definition of
drafts in Sec. 199.23 to provide greater flexibility in the future
method(s) of issuing benefits for supplemental food prescribed under
the program. It is anticipated that use of this flexibility will result
in greater participant convenience and flexibility for the
approximately 10,000 participants enrolled in the WIC Overseas Program.
III. Regulatory Compliance Analysis
A. Executive Order 12866, ``Regulatory Planning and Review,'' as
Amended by Executive Order 14094, ``Modernizing Regulatory Review'' and
Executive Order 13563, ``Improving Regulation and Regulatory Review''
Executive Orders 12866 (as amended by Executive Order 14094) and
13563 direct agencies to assess all costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health, and safety effects;
distribution of impacts; and equity). Executive Order 13563 emphasizes
the importance of quantifying both costs and benefits, of reducing
costs, of harmonizing rules, and of promoting flexibility. This rule
has been designated not significant, under section 3(f) of Executive
Order 12866, as amended by Executive Order 14094.
B. Congressional Review Act (5 U.S.C. 801 et seq.)
Pursuant to the Congressional Review Act, this rule has not been
designated a major rule, as defined by 5 U.S.C. 804(2).
C. Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
The ASD(HA) certified that this rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. Therefore, the Regulatory Flexibility Act, as
amended, does not require us to prepare a regulatory flexibility
analysis.
D. Sec. 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
Section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1532) requires agencies to assess anticipated costs and benefits before
issuing any rule whose mandates require spending in any 1 year of $100
million in 1995 dollars, updated annually for inflation. This rule will
not mandate any requirements for State, local, or tribal governments,
and will not affect private sector costs.
E. Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter
35)
It has been determined that this rule does not impose any new
reporting or recordkeeping requirements under the Paperwork Reduction
Act of 1995. The existing WIC Overseas Program information collection
has been reviewed and approved by the Office of Management and Budget
(OMB) under OMB Control Number 0720-0030, ``Women, Infants, and
Children Overseas-Eligibility Determination.''
F. Executive Order 13132, ``Federalism''
Executive Order 13132 establishes certain requirements that an
agency must meet when it promulgates a rule that imposes substantial
direct requirement costs on State and local governments, preempts State
law, or otherwise has federalism implications. This rule will not have
a substantial effect on State and local governments.
G. Executive Order 13175, ``Consultation and Coordination With Indian
Tribal Governments''
Executive Order 13175 establishes certain requirements that an
agency must meet when it promulgates a rule that imposes substantial
direct compliance costs on one or more Indian tribes, preempts tribal
law, or effects the distribution of power and responsibilities between
the Federal Government and Indian tribes. This rule will not have a
substantial effect on Indian tribal governments.
List of Subjects in 32 CFR Part 199
Administrative practice and procedure, Claims, Dental health,
Fraud, Health care, Health insurance, Individuals with disabilities,
Mental health programs, Military personnel.
Accordingly, the Department of Defense amends 32 CFR part 199 as
follows:
PART 199--CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED
SERVICES (CHAMPUS)
0
1. The authority citation for part 199 continues to read as follows:
Authority: 5 U.S.C. 301; 10 U.S.C. chapter 55.
0
2. Amend Sec. 199.23 by revising the first sentence of paragraph
(b)(10) to read as follows:
Sec. 199.23 Special Supplemental Food Program.
* * * * *
(b) * * *
(10) Drafts. Food instruments, similar to a voucher (whether paper,
card or other approved access device or method), issued in the WIC
Overseas offices to program participants. * * *
* * * * *
Dated: January 14, 2025.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2025-01127 Filed 1-16-25; 8:45 am]
BILLING CODE 6001-FR-P
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