II 118th CONGRESS 2d Session S. 4843 IN THE SENATE OF THE UNITED STATES July 30, 2024 Mr. Murphy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish a Summer for All program through summer enrichment expansion grants and summer programming State grants, and for other purposes.

1. Short title This Act may be cited as the Summer for All Act . 2. Definitions In this Act: (1) ESEA definitions The terms local educational agency and State educational agency have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Community-based organization The term community-based organization means an organization (including a community action agency)— (A) for which no part of the net earnings of the organization inures to the benefit of any member, founder, contributor, or individual; (B) that has a voluntary board; (C) that has an accounting system, or has designated a fiscal agent in accordance with requirements established by the Secretary; and (D) that practices nondiscrimination in the provision of assistance. (3) English language learner The term English language learner has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ), except such term shall include an individual who is age 22 and otherwise meet the requirements of such term. (4) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (5) Institution of higher education The term institution of higher education means an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), or a postsecondary vocational institution, as defined in section 102(c) of such Act ( 20 U.S.C. 1002(c) ). (6) Secretary The term Secretary means the Secretary of Health and Human Services. (7) State The term State means each of the several States of the United States, the District of Columbia, Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands. (8) Summer for All program The term Summer for All program means a program supported by a grant under section 3(b). (9) Youth The term youth means an individual who is not younger than age 5 and not older than age 22. (10) Youth with a disability The term youth with a disability has the meaning given the term child with a disability in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ), except such term includes an individual who is age 22 and otherwise meets the requirements of such term. (11) Youth experiencing homelessness The term youth experiencing homelessness has the meaning given the term homeless children and youths in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ). 3. Summer enrichment expansion grants (a) Definition of eligible entity In this section, the term eligible entity means— (1) a community-based organization; (2) an intermediary, or collaborative network, that supports local community-based organizations and has experience with, or relevant expertise in, supporting youth-serving programs or youth needs during out-of-school time; or (3) an institution of higher education. (b) Program authorized (1) In general From amounts made available to carry out this section, the Secretary shall make summer enrichment expansion grants, on a competitive basis, to eligible entities to enable the eligible entities to carry out Summer for All programs for the purposes of— (A) providing high-quality, affordable summer programming for youth, especially for low-income youth and rural youth, including youth of color; (B) ensuring that all youth have access to a safe, nurturing, and enriching environment during summer out-of-school time; and (C) improving the quality of summer programming across the United States and reducing learning loss during summer out-of-school time. (2) Duration A grant awarded under this section shall be for a period of not more than 4 fiscal years. (c) Application An eligible entity desiring a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may require. (d) Priorities In awarding grants under this section, the Secretary shall give priority to eligible entities— (1) with a history of effectively serving low-income youth and their families; (2) proposing a Summer for All program that will primarily serve— (A) low-income youth; (B) English language learners; (C) youth with disabilities; (D) youth experiencing homelessness; (E) youth experiencing food insecurity; (F) youth involved in the justice system; (G) youth in the foster care system; (H) youth who have not reached proficiency for their grade level on English language arts, mathematics, science, or social studies content area assessments; (I) rural youth; or (J) native or indigenous youth; (3) that will partner or contract with local youth-serving government entities, such as local educational agencies, parks and recreation departments, or public libraries, to offer the Summer for All program; (4) that will provide participants in the Summer for All program with safe, timely transportation services to and from summer programming, especially in rural or underserved areas; or (5) will use grant funds to carry out a Summer for All program that provides 2 or more eligible activities described in subsection (e)(1)(C). (e) Use of funds (1) Required uses An eligible entity that receives a grant under this section shall use grant funds to carry out a Summer for All program that— (A) serves youth by providing programming— (i) during the summer months when schools are closed; (ii) for not less than 5 days a week for a minimum of 5 weeks during the summer months; (iii) that requires participating youth to be physically present at a building or location designated by the eligible entity; and (iv) for participating youth whose household income would qualify the youth for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ), that is offered at no cost; (B) provides food at no cost to participating youth whose household income would qualify for free or reduced price lunch under such Act; and (C) includes activities or programming that— (i) fosters safe, healthy, supportive, and drug-free environments; (ii) supports youth academic enrichment; (iii) provides social and emotional learning; (iv) promotes health and safety practices; (v) supports a healthy, active lifestyle, including nutritional education and regular, structured physical education activities and programs, that help maintain the mental and physical well-being of youth; (vi) promotes volunteerism, community involvement, or service-learning, in which students use academic and civic knowledge and skills to address genuine community needs; (vii) helps prevent bullying and harassment; (viii) develops relationship-building skills, such as— (I) effective communication; and (II) improving safety through the recognition and prevention of coercion, violence, or abuse, including— (aa) teen and dating violence; (bb) stalking; (cc) domestic abuse; and (dd) sexual violence and harassment; (ix) provides mentoring and school counseling to participating youth, including youth who are at risk of— (I) academic failure; (II) dropping out of school; (III) involvement in criminal or delinquent activities; or (IV) drug use and abuse; (x) promotes career or workforce readiness or participation; (xi) promotes readiness for postsecondary education; or (xii) provides other experiences that contribute to a well-rounded education. (2) Allowable uses In addition to the uses required under paragraph (1), an eligible entity receiving a grant under this section may use grant funds for— (A) the recruitment, training, and retention of qualified staff members for the Summer for All program supported under the grant; (B) raising awareness about the Summer for All program in order to recruit and enroll program participants; and (C) other reasonable administrative costs of the Summer for All program. (f) Additional requirements (1) Subgrants and contracts Each recipient of a grant under this section shall provide the services and activities provided under the Summer for All program directly or through subgrants, contracts, or other arrangements with State educational agencies, local educational agencies, institutions of higher education, other public agencies including agencies of Indian Tribes, or private entities. (2) Nondiscrimination requirements An eligible entity receiving a grant under this section may not discriminate against any individual, including an employee, volunteer, participant, or other individual involved in the Summer for All program, who is receiving Federal financial assistance through the Summer for All program on the basis of that individual's actual or perceived race, color, national origin, sex (including sexual orientation and gender identity), or disability. (g) Reporting requirements Each eligible entity receiving a grant under this section shall, on an annual basis, prepare and submit a report to the Secretary containing information about— (1) how the grant funds were used; (2) how many youth were served by activities supported by grant funds; and (3) how remaining unobligated grant funds will be used. 4. Summer programming State grants (a) Definition of eligible entity In this section, the term eligible entity means— (1) The Governor or other chief executive officer of a State. (2) A State educational agency. (3) The governing body of an Indian Tribe. (b) Grants authorized (1) In general From amounts made available to carry out this section, the Secretary, in consultation with the Secretary of Education, shall award summer programming State grants, on a competitive basis, to eligible entities to enable the eligible entities to— (A) plan and implement sustainable strategies that address gaps in access to high-quality summer enrichment programs for youth; (B) build partnerships between local educational agencies, local governments, and community-based organizations to maximize the impact and availability of summer enrichment programs; and (C) establish summer programming opportunities for kids and their families that may exist outside of the traditional summer camp or enrichment experience. (2) Duration A grant under this section shall be awarded for a period of not more than 4 fiscal years. (c) Application; award basis (1) Application An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Award basis In awarding grants under this section, the Secretary shall give priority to eligible entities that— (A) demonstrate that activities funded by the grant will be sustainable beyond the term of the grant; (B) establish an organization or mechanism to solicit and incorporate feedback from stakeholders, including representatives of community-based organizations, educators, municipal representatives, and parents, in the implementation of activities supported under the grant; or (C) plan to use funds for a variety of programs and strategies to expand summer enrichment programming for underserved communities and at-risk youth. (d) Eligible activities An eligible entity that receives a grant under this section shall use grant funds to— (1) expand access to summer enrichment programs in underserved communities; (2) improve the safety and quality of summer enrichment programs primarily serving underserved communities; (3) organize a diverse group of stakeholders to determine gaps in access to summer enrichment programming and developing plans to address these gaps in a long-term, sustainable way; (4) expand access to enrichment activities at libraries, parks and recreation departments, museums, and other nonprofit entities that serve families during the summer months when schools are closed; or (5) address barriers to partnerships between local educational agencies, local governments, and community-based organizations in providing summer enrichment programs. (e) Additional requirements (1) Transfer authority An eligible entity receiving a grant under this section may transfer grant funds to a community-based organization, a Tribal organization (as that term is defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )), a public benefit corporation involved in the transportation of passengers or cargo, or a special-purpose unit of State or local government, in order to carry out activities described in subsection (d). (2) Contracts and grants An eligible entity receiving a grant under this section may carry out the activities described in subsection (d) directly or through subgrants, contracts, or cooperative agreements. (3) Nondiscrimination requirements An eligible entity receiving a grant under this section may not discriminate against any employee, volunteer, participant, or other individual otherwise involved in programming receiving Federal financial assistance under this section on the basis of that individual's actual or perceived race, color, national origin, sex (including sexual orientation and gender identity), or disability. (f) Reporting requirements (1) In general Each eligible entity receiving a grant under this section shall, on an annual basis, prepare and submit a report to the Secretary containing information about— (A) how the grant funds were used; (B) how the eligible entity solicited feedback from stakeholders in the use of funds; (C) how many youth have been served by activities supported by grant funds; (D) how the entity improved access to summer enrichment programs for underserved communities and at-risk youth; and (E) how the entity improved the quality of summer enrichment programs for underserved communities and at-risk youth. (2) Public availability The Secretary shall, on an annual basis, make public the reports received under paragraph (1). 5. Data collection program The Secretary may reserve not more than 5 percent of the amounts made available to carry out this Act to conduct, directly or through grants to public or nonprofit private entities or contracts with public or private entities or individuals, projects for research and data collection to— (1) understand the scope of the need for safe, healthy, and enriching summer programs for youth; and (2) track the progress of the Summer for All grant programs. 6. Authorization of appropriations; funding distribution (a) In general There are authorized to be appropriated to carry out this Act— (1) a total of $4,000,000,000 for fiscal years 2025 through 2028; and (2) $1,000,000,000 for each subsequent fiscal year. (b) Funding distribution From the amount made available under subsection (a) for a fiscal year, the Secretary shall— (1) use not less than 47.5 percent of such amounts to carry out section 3; (2) use not more than 47.5 percent to carry out section 4; and (3) use not more than 5 percent to carry out section 5.