SNAP staffing flexibility

(a)

In general

Notwithstanding section 11(e)(6)(B) of the Food and Nutrition Act of 2008, a State agency (as defined in section 3 of the Food and Nutrition Act of 2008) may, by contract with the State agency at a reasonable cost in accordance with the State agency’s standard contracting rules, hire a contractor to undertake supplemental nutrition assistance program certification or carry out any other function of the State agency under the supplemental nutrition assistance program so long as—(1)the contract does not provide incentives for the agency or contractor to delay eligibility determinations or to deny eligibility for individuals other wise eligible for supplemental nutrition assistance program benefits, and(2) the contractor has no direct or indirect financial interest in an approved retail store.(b)

Use

A State agency may use the authority provided in subsection (a) when the State experiences increases in supplemental nutrition assistance program applications or an inability to timely process such applications from causes that include but are not limited to—(1)pandemics and other health emergencies,(2)seasonal workforce cycles,(3)temporary staffing shortages, and(4)weather or other natural disasters.(c)

Requirements

A State agency that hires a contractor under subsection (a) shall ensure such action—(1)is consistent with all principles under section 900.603 of title 5 of the Code of Federal Regulations; and(2)is part of a blended workforce and does not supplant existing merit-based personnel in the State.(d)

Notification

A State agency shall notify the Secretary of Agriculture of the intent to use the authority provided in this section and shall provide any information or data supporting State agency increases in supplemental nutrition assistance program applications or inability to timely process such applications.(e)

Program design

Any action taken by a State agency under subsection (a) shall not be—(1)considered to be a major change in the operations of such State agency for the purposes of section 11(a)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(a)(4)), or(2)subject to any requirement specified in such section.(f)

Blended workforce

For purposes of this section, the term blended workforce means a government workforce that combines—(1)employees of the State or of a local government of such State, and(2)employees of a for-profit, or private nonprofit, employer with whom a contract is made under the authority provided in this section.(g)

State agency notifications

Not later than 10 days after the date of the receipt of a notification submitted by a State agency under subsection (d), the Secretary of Agriculture shall make publicly available on the website of the Department of Agriculture the notification submitted by such State agency and any accompanying information or data supporting such notification so submitted.(h)

Annual report

The Secretary of Agriculture shall submit to the Agriculture Committee of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, an annual report that contains a description of the measures taken to address the increases in supplemental nutrition assistance program applications, any inability to timely process such applications, any information or data supporting State agency requests and recommendations for changes to the Secretary’s authority under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) to assist the Secretary, and States and local governments of State, in preparations for any future increases in supplemental nutrition assistance program applications or inability to timely process such applications.(i)

Temporary staffing shortages

In cases of temporary staffing shortages, the authority provided to State agencies under subsection (a)—(1) shall expire when the backlog of supplemental nutrition assistance program applications has been eliminated, and(2) shall not impact any collective bargaining agreement or memorandum of understanding in effect between the State and employees of the State or of a local government of such State.