```

[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 [www.gpo.gov]
[FR Doc No: 2025-01127]

[[Page 5631]]

=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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, 
[email protected].

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 https://uscode.house.gov/view.xhtml?req=(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
```