[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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