
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 334]
[CITE: 10USC1060a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 53--MISCELLANEOUS RIGHTS AND BENEFITS
 
Sec. 1060a. Special supplemental food program

    (a) Program Required.--The Secretary of Defense shall carry out a 
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).
    (b) Funding Mechanism.--The Secretary of Defense shall use funds 
available for the Department of Defense to carry out the program under 
subsection (a).
    (c) Program Administration.--(1)(A) The Secretary of Defense shall 
administer the program referred to in subsection (a) and, except as 
provided in subparagraph (B), shall determine eligibility for program 
benefits under the criterion published by the Secretary of Agriculture 
under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). In 
determining eligibility for benefits, a person already certified for 
participation in the special supplemental nutrition program for women, 
infants, and children under such section 17 shall be considered eligible 
for the duration of the certification period under that special 
supplemental nutrition program.
    (B) In determining eligibility for families of individuals 
participating in the program under this section, the Secretary of 
Defense shall, to the extent practicable, use the criterion described in 
subparagraph (A), including nutritional risk standards. In the 
application of such criterion, the Secretary shall exclude from income 
any basic allowance for housing as permitted under section 17(d)(2)(B) 
of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)).
    (2) The program benefits provided under the program shall be similar 
to benefits provided by State and local agencies in the United States, 
particularly with respect to nutrition education.
    (3) The Secretary of Agriculture shall provide technical assistance 
to the Secretary of Defense, if so requested by the Secretary of 
Defense, for the purpose of carrying out the program under subsection 
(a).
    (d) Departure From Standards.--The Secretary of Defense may 
authorize departures from standards prescribed by the Secretary of 
Agriculture regarding the supplemental foods to be made available in the 
program when local conditions preclude strict compliance or when such 
compliance is highly impracticable.
    (e) Regulations.--The Secretary of Defense shall prescribe 
regulations to administer the program authorized by this section.
    (f) Definitions.--In this section:
        (1) The term ``eligible civilian'' means--
            (A) a dependent of a member of the armed forces residing 
        with the member outside the United States;
            (B) an employee of a military department who is a national 
        of the United States and is residing outside the United States 
        in connection with such individual's employment or a dependent 
        of such individual residing with the employee outside the United 
        States; or
            (C) an employee of a Department of Defense contractor who is 
        a national of the United States and is residing outside the 
        United States in connection with such individual's employment or 
        a dependent of such individual residing with the employee 
        outside the United States.

        (2) The term ``national of the United States'' means--
            (A) a citizen of the United States; or
            (B) a person who, though not a citizen of the United States, 
        owes permanent allegiance to the United States, as determined in 
        accordance with the Immigration and Nationality Act (8 U.S.C. 
        1101 et seq.).

        (3) The term ``dependent'' has the meaning given such term in 
    subparagraphs (A), (D), (E), and (I) of section 1072(2) of this 
    title.
        (4) The terms ``nutrition education'' and ``supplemental foods'' 
    have the meanings given the terms in section 17(b) of the Child 
    Nutrition Act of 1966 (42 U.S.C. 1786(b)).

(Added Pub. L. 103-337, div. A, title VI, Sec. 653(a), Oct. 5, 1994, 108 
Stat. 2794; amended Pub. L. 104-106, div. A, title XV, Sec. 1503(a)(9), 
Feb. 10, 1996, 110 Stat. 511; Pub. L. 105-85, div. A, title VI, 
Sec. 655(b)(1), Nov. 18, 1997, 111 Stat. 1805; Pub. L. 106-65, div. A, 
title VI, Sec. 674(a)-(d), Oct. 5, 1999, 113 Stat. 675; Pub. L. 106-398, 
Sec. 1 [[div. A], title VI, Sec. 662], Oct. 30, 2000, 114 Stat. 1654, 
1654A-167.)

                       References in Text

    The Immigration and Nationality Act, referred to in subsec. 
(f)(2)(B), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, 
which is classified principally to chapter 12 (Sec. 1101 et seq.) of 
Title 8, Aliens and Nationality. For complete classification of this Act 
to the Code, see Short Title note set out under section 1101 of Title 8 
and Tables.


                               Amendments

    2000--Subsec. (c)(1)(B). Pub. L. 106-398 added second sentence and 
struck out former second sentence which read as follows: ``The Secretary 
shall also consider the value of housing in kind provided to the 
individual when determining program eligibility.''
    1999--Subsec. (a). Pub. L. 106-65, Sec. 674(a), substituted 
``Program Required'' for ``Authority'' in heading and ``The Secretary of 
Defense shall carry out a program to provide supplemental foods and 
nutrition education'' for ``The Secretary of Defense may carry out a 
program to provide special supplemental food benefits'' in text.
    Subsec. (b). Pub. L. 106-65, Sec. 674(b), amended heading and text 
of subsec. (b) generally. Prior to amendment, text read as follows: 
``For the purpose of obtaining Federal payments and commodities in order 
to carry out the program referred to in subsection (a), the Secretary of 
Agriculture shall make available to the Secretary of Defense the same 
payments and commodities as are made for the special supplemental food 
program in the United States under section 17 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786). The Secretary of Defense may use funds 
available for the Department of Defense to carry out the program under 
subsection (a).''
    Subsec. (c)(1)(A). Pub. L. 106-65, Sec. 674(c)(1), inserted at end 
``In determining eligibility for benefits, a person already certified 
for participation in the special supplemental nutrition program for 
women, infants, and children under such section 17 shall be considered 
eligible for the duration of the certification period under that special 
supplemental nutrition program.''
    Subsec. (c)(1)(B). Pub. L. 106-65, Sec. 674(c)(2), added subpar. (B) 
and struck out former subpar. (B) which read as follows: ``The Secretary 
of Defense shall prescribe regulations governing computation of income 
eligibility standards for families of individuals participating in the 
program under this section.''
    Subsec. (c)(2). Pub. L. 106-65, Sec. 674(c)(3), inserted ``, 
particularly with respect to nutrition education'' before period at end.
    Subsec. (c)(3). Pub. L. 106-65, Sec. 674(c)(4), added par. (3).
    Subsec. (f)(4). Pub. L. 106-65, Sec. 674(d), added par. (4).
    1997--Subsec. (b). Pub. L. 105-85 reenacted heading without change 
and amended text generally. Prior to amendment, text read as follows: 
``For the purpose of obtaining Federal payments and commodities in order 
to carry out the program referred to in subsection (a), the Secretary of 
Agriculture shall make available to the Secretary of Defense from funds 
appropriated for such purpose, the same payments and commodities as are 
made for the special supplemental food program in the United States 
under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).''
    1996--Subsec. (f)(2)(B). Pub. L. 104-106 substituted ``, as 
determined in accordance with the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.)'' for ``(as defined in section 101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)))''.


      Report on Implementation of Special Supplemental Food Program

    Section 655(b)(2) of Pub. L. 105-85 provided that: ``Not later than 
90 days after the date of the enactment of this Act [Nov. 18, 1997], the 
Secretary of Defense shall submit to Congress a report regarding the 
intentions of the Secretary regarding implementation of the program 
authorized under section 1060a of title 10, United States Code, 
including any plans to implement the program.''

                  Section Referred to in Other Sections

    This section is referred to in title 42 section 1786.
