[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5094 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5094

   To amend the Food and Nutrition Act of 2008 to allow for blended 
 workforces to carry out the supplemental nutrition assistance program 
           under certain conditions, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 1, 2023

    Mr. Bacon (for himself and Mrs. Chavez-DeRemer) introduced the 
   following bill; which was referred to the Committee on Agriculture

_______________________________________________________________________

                                 A BILL


 
   To amend the Food and Nutrition Act of 2008 to allow for blended 
 workforces to carry out the supplemental nutrition assistance program 
           under certain conditions, and for other purposes.

    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 ``SNAP Staffing Flexibility Act of 
2023''.

SEC. 2. 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.
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