Title 10Armed ForcesRelease 119-73

§1060a Special supplemental food program

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 53— - MISCELLANEOUS RIGHTS AND BENEFITS › § 1060a

Last updated Apr 6, 2026|Official source

Summary

Provide supplemental foods and nutrition education to service members stationed outside the United States and to eligible civilians serving with or living with them. The Department of Defense must pay for the program. The Defense Department decides who qualifies using the nutrition and income rules the Secretary of Agriculture publishes for child nutrition programs. People already certified for the special supplemental nutrition program for women, infants, and children (WIC) stay eligible for the rest of their WIC certification. For families, the Defense Department should, when possible, use the same rules and must exclude basic housing allowance from income. Benefits should be like those given by U.S. state and local agencies, especially the teaching about nutrition. The Secretary of Agriculture must give technical help if asked. The Defense Department can relax food standards when local conditions make strict rules impractical. The Defense Department may sign contracts with a specific food brand and get rebates from the producer. Contracts must be competitively awarded, cannot last more than three years in total, and rebates must be put back into the program’s funds and used the same way and for the same time as other program money. The Defense Department must write rules to run the program. Defined terms: eligible civilian — certain military dependents and U.S. employees or contractor employees living outside the United States and their dependents; national of the United States — citizens or people who owe permanent allegiance to the U.S.; dependent — as defined in federal military law; nutrition education and supplemental foods — as defined in the Child Nutrition Act.

Full Legal Text

Title 10, §1060a

Armed Forces — Source: USLM XML via OLRC

(a)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)The Secretary of Defense shall use funds available for the Department of Defense to carry out the program under subsection (a).
(c)(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)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)(1)In the administration of the program under this section, the Secretary of Defense may enter into a contract with a producer of a particular brand of food that provides for—
(A)the Secretary of Defense to procure that particular brand of food, exclusive of other brands of the same or similar food, for the purpose of providing the food in commissary stores or Navy Exchange Markets of the Department of Defense as a supplemental food under the program; and
(B)the producer to rebate to the Secretary amounts equal to agreed portions of the amounts paid by the Secretary for the procurement of that particular brand of food for the program.
(2)The Secretary of Defense shall use competitive procedures under chapter 137 11 See References in Text note below. of this title to enter into contracts under this subsection.
(3)The period covered by a contract entered into under this subsection, including any period of extension of the contract by modification of the contract, exercise of an option, or other cause, may not exceed three years. No such contract may be extended by a modification of the contract, by exercise of an option, or by any other means. Nothing in this paragraph prohibits a contractor under a contract entered into under this subsection for any year from submitting an offer for, and being awarded, a contract that is to be entered into under this subsection for a successive year.
(4)Amounts rebated under a contract entered into under paragraph (1) shall be credited to the appropriation available for carrying out the program under this section in the fiscal year in which rebated, shall be merged with the other sums in that appropriation, and shall be available for the program for the same period as the other sums in the appropriation.
(f)The Secretary of Defense shall prescribe regulations to administer the program authorized by this section.
(g)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)).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Chapter 137 of this title, referred to in subsec. (e)(2), was repealed by Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293, effective Jan. 1, 2022, in conjunction with the transfer and reorganization of acquisition provisions in this title by Pub. L. 116–283, div. A, title XVIII, Jan. 1, 2022, 134 Stat. 4149. For definition of “chapter 137 legacy provisions”, see section 3016 of this title. The Immigration and Nationality Act, referred to in subsec. (g)(2)(B), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 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

2002—Subsec. (e)(1)(A). Pub. L. 107–314, § 324(a), inserted “or Navy Exchange Markets” after “commissary stores”. Subsec. (e)(3). Pub. L. 107–314, § 324(b), in first sentence, substituted “subsection, including any period of extension of the contract by modification of the contract, exercise of an option, or other cause, may not exceed three years” for “subsection may not exceed one year”. 2001—Subsecs. (e) to (g). Pub. L. 107–107 added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively. 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, § 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, § 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, § 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, § 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, § 674(c)(3), inserted “, particularly with respect to nutrition education” before period at end. Subsec. (c)(3). Pub. L. 106–65, § 674(c)(4), added par. (3). Subsec. (f)(4). Pub. L. 106–65, § 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)))”.

Statutory Notes and Related Subsidiaries

Pilot Program To Increase Access to Food on Military Installations of the Army Pub. L. 118–159, div. A, title VI, § 654, Dec. 23, 2024, 138 Stat. 1939, as amended by Pub. L. 119–60, div. A, title VI, § 663, Dec. 18, 2025, 139 Stat. 915, provided that: “(a) In General.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of a military department shall implement a pilot program to increase access to food on military installations under the jurisdiction of the Secretary for members of the Armed Forces who reside on such military installations. “(b) Access.—Food made available under the program under this section shall be accessible with a common access card (or other means determined appropriate by the Secretary of the military department concerned) at dining facilities, commissaries, exchanges, restaurants, and other locations where such members can obtain food. “(c) Termination.—The pilot program under this section shall terminate five years after the date of the enactment of this Act. “(d) Reporting.—“(1) Progress reports.—At the end of each calendar quarter until the pilot program terminates, the Secretary of a military department shall submit to the Committees on Armed Services of the Senate and House of Representatives a progress report regarding implementation of the pilot program. “(2) Final report.—Not later than 90 days after the pilot program terminates, the Secretary of a military department shall submit to the Committees on Armed Services of the Senate and House of Representatives a final report regarding the pilot program. Such report shall include the following elements:“(A) Lessons learned from the pilot program. “(B) The recommendation of the Secretary whether to expand or make permanent the pilot program. “(C) If the Secretary recommends expansion, the military installations covered by such recommended expansion. “(D) Limitations to the operation or expansion of the pilot program. “(E) Any information the Secretary determines appropriate.” Food Insecurity Among Military Families: Data Collection; Training; Report Pub. L. 117–263, div. A, title VI, § 645, Dec. 23, 2022, 136 Stat. 2637, provided that: “(a) Data Collection.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], the Under Secretary of Defense for Personnel and Readiness, in coordination with the Under Secretary for Food, Nutrition, and Consumer Services of the Department of Agriculture, shall—“(1) develop a survey, in collaboration with the Department of Agriculture, to determine how many members of the Armed Forces serving on active duty, and dependents of such members, are food insecure; “(2) issue the survey to such members and dependents; “(3) collect data related to the number of such members and dependents who—“(A) are eligible for the basic needs allowance under section 402b of title 37, United States Code; “(B) receive such basic needs allowance; and “(C) are surveyed on the use, by such members and dependents, of Federal nutrition assistance programs, including—“(i) the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); “(ii) the special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786); and “(iii) the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); “(4) develop and carry out a plan to train and designate an individual who will assist members at military installations on how and where to refer such members and their dependents for participation in Federal nutrition assistance programs described in paragraph (3)(C); and “(5) coordinate efforts of the Department of Defense to address food insecurity and nutrition. “(b) Report.—Not later than one year after the date of the enactment of this Act [Dec. 23, 2022], and annually thereafter for the four subsequent years, the Under Secretary of Defense for Personnel & Readiness shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committees on Agriculture and Education and Labor [now Committee on Education and the Workforce] of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report including the following:“(1) The number of members of the Armed Forces serving on active duty and their dependents who are food insecure. “(2) The number of such members and their dependents who use the Federal nutrition assistance programs described in subsection (a)(3). “(3) The number of such members and their dependents described in subsection (a)(3). “(4) The status of implementation of the plan under subsection (a)(5) [sic; probably should be “subsection (a)(4)”].” Report on Implementation of Special Supplemental Food Program Pub. L. 105–85, div. A, title VI, § 655(b)(2), Nov. 18, 1997, 111 Stat. 1805, directed the Secretary of Defense to submit to Congress a report including plans to implement the program authorized under this section not later than 90 days after Nov. 18, 1997.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1060a

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73