Dear Secretary Vilsack,
NCSL appreciates the opportunity to comment on the Dec. 29, 2023, interim final rule titled Establishing the Summer EBT Program and Rural Non-Congregate Option in the Summer Meal Programs.
NCSL supports the Summer Food Service Program and the creation of a non-congregate model for communities where summer meals sites are not available.
NCSL also supports the Summer Electronic Benefits Transfer for Children program, known as Summer EBT, as an option for states to help reduce child hunger during the summer. Due to the 50% match requirement for administrative funds, state legislatures play a critical role in the implementation of Summer EBT through the appropriation of state funding.
NCSL appreciates the U.S. Department of Agriculture's flexibility in allowing states to draw down federal administrative funds to begin the planning process before securing state administrative funding. However, NCSL urges the USDA to take state legislative calendars and budget cycles into account in creating required timelines for funding and planning. Four state legislatures meet every other year, and 20 state legislatures have biennial budgets. In states that would like to participate in Summer EBT, these factors can make it difficult to secure state administrative funding ahead of deadlines required by the USDA. NCSL encourages the agency to continue to provide flexibility to accommodate state legislative calendars.
Due to the optional nature of Summer EBT, as well as the funding and administrative challenges some states encounter, NCSL strongly discourages the USDA from drawing negative attention to states that do not opt into Summer EBT.
NCSL commends the USDA for its efforts to provide the option for states to support child nutrition through Summer EBT. Thank you for your consideration of these comments during the rulemaking process. If you have any questions, please do not hesitate to contact NCSL staff Emily Katz.
Sincerely,
Tim Storey
Chief Executive Officer
National Conference of State Legislatures