Sec. 4111. SNAP staffing flexibility
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/bill/118/hr/8467/ih/section-4111A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 11 of the Food and Nutrition Act ( 7 U.S.C. 2020 ) is amended by adding at the end the following: Notwithstanding section 11(e)(6)(B), 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 such program so long as— the contract does not provide incentives for the agency or contractor to delay eligibility determinations or to deny eligibility for individuals otherwise eligible for supplemental nutrition assistance program benefits; and the contractor has no direct or indirect financial interest in an approved retail store.
A State agency may use the authority provided in paragraph
(1)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— pandemics and other health emergencies, seasonal workforce cycles, temporary staffing shortages, and weather or other natural disasters. A State agency that hires a contractor under paragraph
(1)shall ensure such action— is consistent with all principles under section 900.603 of title 5 of the Code of Federal Regulations; and is part of a blended workforce and does not supplant existing merit-based personnel in the State. A State agency shall notify the Secretary of its 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 any inability to timely process such applications. Not later than 10 days after the date of the receipt of a notification submitted by a State agency under paragraph (4), the Secretary 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. Any action taken by a State agency under paragraph
(1)shall not be— considered to be a major change in the operations of such State agency for purposes of section 11(a)(4) of this Act, or subject to any requirement specified in such section. The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, an annual report that contains— a description of measures taken to address increases in supplemental nutrition assistance program applications and any inability to timely process such applications; information or data supporting State agency notifications provided pursuant to paragraph (4); and recommendations for changes to the Secretary’s authority under this Act to assist the Secretary, States, and local governments of States in preparing for any future increases in supplemental nutrition assistance program applications or inability to timely process such applications. In cases of temporary staffing shortages, the authority provided to State agencies under paragraph
(1)shall— expire when the backlog of supplemental nutrition assistance program applications has been eliminated; and not override 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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Sec. 4111
SNAP staffing flexibility
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