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) SNAP staffing flexibility (1) In general 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— (A) 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 (B) the contractor has no direct or indirect financial interest in an approved retail store. (2) Use A State agency may use the authority provided in paragraph (1) when— (A) the State experiences an inability to timely process supplemental nutrition assistance program applications from causes that include but are not limited to— (i) pandemics and other health emergencies; (ii) seasonal workforce cycles; (iii) temporary staffing shortages; and (iv) weather or other natural disasters; (B) the State’s payment error rate, as defined in section 16, is greater than or equal to 6 percent based on the most recent available Department of Agriculture data; or (C) the State experiences an increase in supplemental nutrition assistance program applications. (3) Requirements A State agency that hires a contractor under paragraph (1) shall ensure such action— (A) is consistent with all principles under section 900.603 of title 5 of the Code of Federal Regulations; and (B) is part of a blended workforce and does not supplant existing merit-based personnel in the State. (4) Notification 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. (5) Public availability 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. (6) Program design Any action taken by a State agency under paragraph (1) shall not be— (A) considered to be a major change in the operations of such State agency for purposes of section 11(a)(4) of this Act, or (B) subject to any requirement specified in such section. (7) Annual report 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) a description of measures taken to address increases in supplemental nutrition assistance program applications and any inability to timely process such applications; (B) information or data supporting State agency notifications provided pursuant to paragraph (4); and (C) 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. (8) Temporary staffing shortages In cases of temporary staffing shortages, the authority provided to State agencies under paragraph (1) shall— (A) expire when the backlog of supplemental nutrition assistance program applications has been eliminated; (B) 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; and (C) expire when the error rate, as defined in section 16, is less than 6 percent..