Hunger-Free Summer for Kids Act of 2021
Bill: S.2005 | Sponsor: Sen. Boozman, John (R-AR)
Policy area: Agriculture and Food

Summary:
Hunger-Free Summer for Kids Act of 2021
This bill revises the Summer Food Service Program to direct the Department of Agriculture to permanently establish electronic benefit transfer (EBT) cards and off-site consumption as two alternative delivery options for certain children through schools and service institutions in the program.
These options shall be available to a child only if (1) the child lives or attends school in a rural area or outside of an area in which poor economic conditions exist, and (2) the child is eligible for a free or reduced price lunch and breakfast. In the case of off-site consumption, the option is also available if the summer program is available to the child at a congregate feeding site but (1) the site is closed due to extreme weather conditions, (2) violence or other public safety concerns in the area prevent the child from traveling safely to the site, (3) the site is open not more than four days a week, or (4) the site provides only one meal per day.
A state may not operate the EBT card option and the off-site consumption option simultaneously in the same area.
Each state desiring to participate in the summer food service program shall include in its annual management and administration plan the state's plans for using one or both of these alternative delivery options.

To amend the Richard B. Russell National School Lunch Act to require 
     alternative options for summer food service program delivery.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hunger-Free Summer for Kids Act of 
2021''.

SEC. 2. ALTERNATIVE OPTIONS FOR SUMMER FOOD SERVICE PROGRAM DELIVERY.

    Section 13 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1761) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(13) Alternative options for program delivery.--
                    ``(A) Purpose.--The purpose of this paragraph is to 
                establish the alternative program delivery options 
                described in subparagraph (B)--
                            ``(i) to provide meals to children that do 
                        not have readily available access to meals 
                        otherwise provided under this section; and
                            ``(ii)(I) to increase program 
                        participation, effectiveness, and efficiency;
                            ``(II) to improve child nutrition; and
                            ``(III) to reduce food insecurity among 
                        children.
                    ``(B) Alternative options.--The Secretary shall 
                establish the following 2 alternative options for 
                program delivery:
                            ``(i) Provision of an electronic benefit 
                        transfer card (referred to in this paragraph as 
                        an `EBT card') in accordance with subparagraph 
                        (C).
                            ``(ii) Off-site consumption in accordance 
                        with subparagraph (D).
                    ``(C) EBT card.--
                            ``(i) In general.--Beginning not later than 
                        summer 2023, the Secretary shall make available 
                        an option to States to provide program meals 
                        under this section through the issuance of EBT 
                        cards to the households of eligible children, 
                        determined in accordance with clause (iv), for 
                        the benefit of those eligible children.
                            ``(ii) Amount.--
                                    ``(I) In general.--Subject to 
                                subclause (III), the value of an EBT 
                                card provided under this subparagraph 
                                shall be $30 per eligible child per 
                                month.
                                    ``(II) Annual limitation.--No 
                                household of an eligible child shall 
                                receive benefits under this 
                                subparagraph for more than 3 months in 
                                a summer period.
                                    ``(III) Adjustment.--On January 1 
                                of each year, the Secretary shall 
                                adjust the values described in 
                                subclauses (I) and (II) by the same 
                                percentage as the adjustment made under 
                                subsection (b)(1)(B).
                            ``(iii) Use of benefits.--
                                    ``(I) In general.--An EBT card 
                                issued under this subparagraph may be 
                                used only for the purchase of food from 
                                retail stores approved for 
                                participation in the supplemental 
                                nutrition assistance program 
                                established under the Food and 
                                Nutrition Act of 2008 (7 U.S.C. 2011 et 
                                seq.).
                                    ``(II) Benefit redemption.--A 
                                retail store shall redeem EBT card 
                                benefits under this subparagraph in the 
                                same manner that benefits are redeemed 
                                under the supplemental nutrition 
                                assistance program described in 
                                subclause (I).
                                    ``(III) Timing.--An EBT card issued 
                                under this subparagraph may be used by 
                                a household for the benefit of an 
                                eligible child only when school is out 
                                of session for the summer period, as 
                                defined by the Secretary.
                            ``(iv) Eligible children.--In administering 
                        this subparagraph, the Secretary shall ensure 
                        that an EBT card--
                                    ``(I) is only issued to a household 
                                for the benefit of a child in that 
                                household--
                                            ``(aa) who lives or attends 
                                        school--

                                                    ``(AA) in a rural 
                                                area, as determined by 
                                                the Secretary; or

                                                    ``(BB) outside an 
                                                area in which poor 
                                                economic conditions 
                                                exist;

                                            ``(bb) who has been 
                                        determined to be eligible for a 
                                        free or reduced price lunch 
                                        under this Act and a free or 
                                        reduced price breakfast under 
                                        section 4 of the Child 
                                        Nutrition Act of 1966 (42 
                                        U.S.C. 1773); and
                                            ``(cc) in accordance with, 
                                        with respect to the State in 
                                        which the child resides--

                                                    ``(AA) a State 
                                                agency plan approved by 
                                                the Secretary pursuant 
                                                to section 1101(b) of 
                                                the Families First 
                                                Coronavirus Response 
                                                Act (7 U.S.C. 2011 
                                                note; Public Law 116-
                                                127); or

                                                    ``(BB) an 
                                                application process 
                                                developed by the State; 
                                                and

                                    ``(II) is not issued to a household 
                                for the benefit of a child living in an 
                                area in which a congregate open feeding 
                                site is operating, to prevent 
                                duplication in benefits.
                    ``(D) Off-site consumption.--
                            ``(i) In general.--Beginning not later than 
                        summer 2023, the Secretary shall make available 
                        an option to States to provide program meals 
                        under this section for off-site consumption.
                            ``(ii) Availability.--In administering this 
                        subparagraph, the Secretary shall ensure that 
                        off-site consumption is only available to a 
                        child if--
                                    ``(I) the child is determined to be 
                                eligible for a free or reduced price 
                                lunch under this Act and a free or 
                                reduced price breakfast under section 4 
                                of the Child Nutrition Act of 1966 (42 
                                U.S.C. 1773); and
                                    ``(II) not fewer than 1 of the 
                                conditions described in clause (iii) is 
                                present.
                            ``(iii) Conditions.--The conditions 
                        referred to in clause (ii)(II) are the 
                        following:
                                    ``(I) The child lives or attends 
                                school in a rural area, as determined 
                                by the Secretary.
                                    ``(II) The child lives or attends 
                                school outside an area in which poor 
                                economic conditions exist.
                                    ``(III) The program is available to 
                                the child at a congregate feeding site 
                                but--
                                            ``(aa) the site is closed 
                                        due to extreme weather 
                                        conditions;
                                            ``(bb) violence or other 
                                        public safety concerns in the 
                                        area prevent the child from 
                                        traveling safely to the site;
                                            ``(cc) the site is open not 
                                        more than 4 days a week; or
                                            ``(dd) the site provides 
                                        only 1 meal per day.
                            ``(iv) Administration.--In administering 
                        this subparagraph, the Secretary shall ensure 
                        that--
                                    ``(I) any meal served through off-
                                site consumption--
                                            ``(aa) meets all applicable 
                                        State and local health, safety, 
                                        and sanitation standards; and
                                            ``(bb) meets the 
                                        requirements under subsection 
                                        (f)(1);
                                    ``(II) each State gives priority to 
                                a child living in an area in which a 
                                congregate open feeding site is not 
                                reasonably accessible, as determined by 
                                the Secretary;
                                    ``(III) the number of reimbursable 
                                meals served to each child in a single 
                                meal service does not exceed the total 
                                number of meals allowed for 
                                reimbursement under the program during 
                                a 10-day period; and
                                    ``(IV) meals may be provided by 
                                entities that participated in a summer 
                                meals demonstration project carried out 
                                under section 749(g) of the 
                                Agriculture, Rural Development, Food 
                                and Drug Administration, and Related 
                                Agencies Appropriations Act, 2010 
                                (Public Law 111-80; 123 Stat. 2132), on 
                                the same terms and conditions as 
                                provided under the demonstration 
                                project.
                    ``(E) Scope.--Under this paragraph, a State--
                            ``(i) may implement an alternative option 
                        described in subparagraph (B) in any area 
                        described in subitem (AA) or (BB) of 
                        subparagraph (C)(iv)(I)(aa) in the State; but
                            ``(ii) shall not simultaneously implement 
                        both alternative options described in 
                        subparagraph (B) in the same area in the State.
                    ``(F) Regulations.--Not later than October 1, 2022, 
                the Secretary shall promulgate regulations, with an 
                opportunity for notice and comment--
                            ``(i) to ensure the integrity of the 
                        alternative options for program delivery 
                        described in subparagraph (B); and
                            ``(ii) to prevent duplication in benefits 
                        received under this paragraph.''; and
            (2) in subsection (n)--
                    (A) by striking ``and (6)'' and inserting ``(6)''; 
                and
                    (B) by striking the period at the end and inserting 
                ``; and (7) the plans of the State for using the 
                alternative options for program delivery described in 
                subsection (a)(13), if applicable.''.
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