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) Hiring contractors (A) In general Notwithstanding subsection (e)(6)(B), a State agency may, subject to subparagraph (B), 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 subparagraph (C). (B) Circumstances for hiring (i) In general A State agency may hire 1 or more contractors under subparagraph (A) 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— (aa) a pandemic or other health emergency; (bb) a seasonal workforce cycle; (cc) a temporary staffing shortage; and (dd) weather or other natural disaster. (ii) Temporary staffing shortage In the case of a State agency hiring 1 or more contractors under subparagraph (A) due to a temporary staffing shortage under clause (i)(II)(cc), the authority of a State agency to conduct that hiring— (I) shall expire when there is adequate staffing for the State agency to timely process applications; 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. (C) Requirements (i) In general A contract entered into by a State agency under subparagraph (A) 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. (ii) No financial interest A State agency may not hire a contractor under subparagraph (A) if the contractor has a direct or indirect financial interest in any approved retail store, wholesale food concern, or employment and training program. (iii) Excluded activities A contractor hired under subparagraph (A) may not— (I) determine eligibility; (II) initiate enforcement actions; (III) conduct quality control; (IV) conduct administrative hearings; or (V) screen for or make a referral to an employment and training program. (D) Administration A State agency that hires 1 or more contractors under subparagraph (A) shall ensure that— (i) the contracts are for a reasonable cost and in accordance with the standard contracting rules of the State agency; (ii) hiring is consistent with the merit principles described in section 900.603 of title 5, Code of Federal Regulations (or a successor regulation); and (iii) the contractors do not supplant existing merit-based personnel in the State. (2) Program design The hiring of 1 or more contractors by a State agency under paragraph (1) shall not— (A) be considered to be a major change in the operations of the State agency for purposes of subsection (a)(4); or (B) be subject to any requirement specified in that section. (3) 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 subparagraph (B) of that paragraph 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. (4) 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 (3)(A); and (D) any recommended changes to the authority of the Secretary to assist State agencies in preparing for any future increase in applications to the supplemental nutrition assistance program or inability to timely process those applications..