Capitol to Capitol | Aug. 26, 2024

Capitol to Capitol | Aug. 26, 2024

NewsletterCapitol to Capitol

Questions?Please use the email icon at left to contact NCSL's State-Federal Affairs Division.

NCSL Updates

NCSL Submits Comment on Summer EBT and Summer Food Service Rule

NCSL submitted written comments on the Department of Agriculture's interim final rule on the Summer Electronic Benefits Transfer for Children (Summer EBT) program and the non-congregate meal option for rural communities for the Summer Food Service Program. NCSL expressed support for both programs and urged the USDA to take state legislative calendars and budget cycles into account in creating timelines for the funding and planning of Summer EBT. Read more

Administration Updates

HHS Announces Final Rule on Head Start Program Quality and Workforce Support

The new final rule updates the Head Start Program and Performance Standards. It's the first update since 2016. The rule includes a variety of changes related to workforce supports, mental health and other quality improvements.

Some of the most significant changes require increasing staff wages and benefits. Compared with the proposed rule, the final rule includes longer compliance timelines, potential waivers and additional flexibilities for programs with fewer than 200 slots for certain elements of the wage and benefits provisions.

By 2031, Head Start programs must pay educators a salary comparable to public preschool teachers or 90% of the salary of kindergarten teachers; pay all staff a wage to cover basic cost of living; pay comparable wages across Head Start Preschool and Early Head Start; and establish pay scales for all positions. If annual federal appropriations increases are below a certain threshold by 2028, the department may establish a waiver process for these requirements.

By 2028, programs must provide or facilitate health care coverage, short-term behavioral health services and paid leave for all full-time staff, and connect part-time staff with options in the health insurance marketplace.

The rule goes into effect on Oct. 21, though programs will have several years before compliance deadlines for certain provisions arrive. Read more

USDA Policy Changes Lead to Food Shortages in Critical Assistance Programs

Two essential food assistance programs for low-income people are experiencing shortages because of changes the Department of Agriculture made to its food distribution system earlier this year. The Food Distribution Programs on Indian Reservations, which supports the nutrition needs of 53,000 tribal residents-85% of people living on certain reservations-and the Commodity Supplemental Food Program, which provides food to 720,000 low-income seniors, have both been disrupted. The tribal program is the only source of food for some Native American households. Although SNAP benefits are theoretically an alternative, the distance of some reservations from a grocery store means SNAP is not an option.

Previously, the USDA used two distribution vendors and multiple warehouses; however, only one vendor was accepted during the most recent procurement process and the warehouses have been consolidated. While the scale of the problem is still being assessed, some tribes are reporting missing and delayed deliveries and weeks when they have had to turn people away with no protein source when meats and cheese have not been delivered. Food banks are warning of significant shortages for low-income seniors.

The USDA is offering emergency funding and other options to help states and tribal agencies address the shortages. States may wish to check with their respective agencies regarding the following supports:

• Providing Commodity Credit Corporation funds to FDPIR agencies: The USDA is offeringat least $11 million to help FDPIR agencies buy food. The funds distributed to each agency will be based on the number of participants the agency serves, and additional funding will be available to the agencies with the most urgent food needs. The funding may only be used to purchase domestically grown and produced foods.
• Temporarily expanding the USDA Department of Defense Fresh Fruit and Vegetable Program: Through a partnership with the Defense Department, the USDA is working to expand a program known as USDA DoD Freshto include meats, grains and dairy items for distribution to a limited number of tribal food program sites experiencing severe inventory shortages.
• Activating the Emergency Feeding Network with Situations of Distress:The USDA is encouraging state agencies that operate the Emergency Food Assistance Programto work with local partners such as food banks to distribute food to tribal and low-income senior sites.
• Leveraging the Local Food Purchase Assistance Cooperative Agreement Program: Local Food Purchase Assistanceagreements allow state and tribal governments to procure and distribute regional foods unique to their geographic areas, dietary needs and preferences. Some tribes served by federal food program agencies, plus some states that administer food programs for low-income seniors, can use food purchase assistance funds to buy food to address immediate needs while the USDA works to resolve the delays.

The USDA is also meeting regularly with Hill staffers to provide updates on the department's response. U.S. House Appropriations Chair Tom Cole (R-Okla.), a tribal member himself, is considering a hearing on the issue when Congress returns from the August recess.

NCSL will continue to monitor this fluid situation and provide updates. Read more

Department of Veterans Affairs Steps Up Efforts to Combat Fraud

The VA's new VSAFE.gov platform provides veterans with resources to detect, avoid and report scams targeting their benefits, and to identify theft and fraud in education, investing, housing, cars, employment, health care and romance.

According to the Federal Trade Commission, there were more than 93,000 military reports of fraud with a median reported loss of about $600 in 2023.

NCSL has also taken steps to help protect veterans and the public from fraud and scams. At its recent Legislative Summit in Louisville, Ky., NCSL approved a new resolution urging the federal government to work with state and local governments, law enforcement and private industry to develop policies and practices that prevent, curtail and stop fraud and, where possible, provide victims some options for relief and recovery. Read more

Court Updates

FCC's Universal Service Fund Faces Constitutional Challenge

A federal appeals court ruled the method used by the Federal Communications Commission to support the Universal Service Fund is unconstitutional. The fund helps states and communities by subsidizing telephone services for rural and low-income individuals and broadband access for educational institutions and libraries. Judge Andrew Oldham argued that the funding method improperly delegates congressional taxing authority to the FCC and Universal Service Administrative Co., a private entity. Instead of doing away with the existing program, the court remanded it back to the FCC for further proceedings. FCC Chairwoman Jessica Rosenworcel has already announced her agency's intention to "pursue all available avenues for review." Read more

Links

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