SNAP staffing flexibility

Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended by adding at the end the following:

(y)

Staffing flexibility

(1)

In general

Notwithstanding subsection (e)(6)(B), a State agency may, subject to paragraph (2), hire 1 or more contractors, by contract, to undertake the certification described in subsection (e)(6)(A) or carry out any other function of the State agency under the supplemental nutrition assistance program, subject to paragraph (3).(2)

Circumstances for hiring

(A)

In general

A State agency may hire 1 or more contractors under paragraph (1) if the State agency—(i)experiences an increase in applications to the supplemental nutrition assistance program; or(ii)cannot timely process applications to the supplemental nutrition assistance program, including due to—(I)a pandemic or other health emergency;(II)a seasonal workforce cycle;(III)a temporary staffing shortage; and(IV)weather or other natural disaster.(B)

Temporary staffing shortage

In the case of a State agency hiring 1 or more contractors under paragraph (1) due to a temporary staffing shortage under subparagraph (A)(ii)(III), the authority of a State agency to conduct that hiring—(i)shall expire when the backlog of applications to the supplemental nutrition assistance program has been eliminated; and(ii)shall not impact any collective bargaining agreement or memorandum of understanding in effect between the State and employees of the State or a local government of the State.(3)

Requirements

(A)

No incentives for delay or denial

A contract entered into by a State agency under paragraph (1) shall not provide incentives for the State agency or contractor to delay eligibility determinations or deny eligibility for individuals otherwise eligible for benefits under the supplemental nutrition assistance program.(B)

No financial interest

A State agency may not hire a contractor under paragraph (1) if the contractor has a direct or indirect financial interest in any approved retail store or wholesale food concern in the State.(4)

Administration

A State agency that hires 1 or more contractors under paragraph (1) shall ensure that—(A)the contracts are for a reasonable cost and in accordance with the standard contracting rules of the State agency;(B)hiring is consistent with the principles described in section 900.603 of title 5, Code of Federal Regulations (or a successor regulation); and(C)the contractors—(i)are part of a blended government workforce; and(ii)do not supplant existing merit-based personnel in the State.(5)

State agency notification

(A)

In general

A State agency that hires 1 or more contractors under paragraph (1) shall notify the Secretary of such hiring, including providing information or data indicating the applicable circumstance under paragraph (2) for carrying out that hiring.(B)

Publication

Not later than 10 days after the date of receipt of a notification under subparagraph (A), the Secretary shall make publicly available on the website of the Department of Agriculture the notification and the accompanying information or data.(6)

Annual report

The Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives an annual report that describes—(A)the measures taken by State agencies to address increases in applications to the supplemental nutrition assistance program;(B)reasons for the inability of State agencies to timely process those applications, as applicable;(C)the information or data submitted with each notification under paragraph (5)(A); and(D)any recommended changes to the authority of the Secretary to assist State and local agencies in preparing for any future increase in applications to the supplemental nutrition assistance program or inability to timely process those applications.