I 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘SNAP Staffing Flexi-
bility 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 
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State agency (as defined in section 3 of the Food and Nu-
trition Act of 2008) may, by contract with the State agen-
cy at a reasonable cost in accordance with the State agen-
cy’s standard contracting rules, hire a contractor to under-
take supplemental nutrition assistance program certifi-
cation 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 deter-
minations or to deny eligibility for individuals other 
wise eligible for supplemental nutrition assistance 
program benefits, and 
(2) the contractor has no direct or indirect fi-
nancial interest in an approved retail store. 
(b) USE.—A State agency may use the authority pro-
vided in subsection (a) when the State experiences in-
creases in supplemental nutrition assistance program ap-
plications or an inability to timely process such applica-
tions 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. 
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(c) REQUIREMENTS.—A State agency that hires a 
contractor under subsection (a) shall ensure such action— 
(1) is consistent with all principles under sec-
tion 900.603 of title 5 of the Code of Federal Regu-
lations; 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 op-
erations 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 govern-
ment workforce that combines— 
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(1) employees of the State or of a local govern-
ment of such State, and 
(2) employees of a for-profit, or private non-
profit, 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 sub-
mitted by a State agency under subsection (d), the Sec-
retary 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 sub-
mitted. 
(h) ANNUAL REPORT.—The Secretary of Agriculture 
shall submit to the Agriculture Committee of the House 
of Representatives and the Committee on Agriculture, Nu-
trition, and Forestry of the Senate, an annual report that 
contains a description of the measures taken to address 
the increases in supplemental nutrition assistance pro-
gram applications, any inability to timely process such ap-
plications, any information or data supporting State agen-
cy requests and recommendations for changes to the Sec-
retary’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 
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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 supple-
mental nutrition assistance program applications has 
been eliminated, and 
(2) shall not impact any collective bargaining 
agreement or memorandum of understanding in ef-
fect between the State and employees of the State 
or of a local government of such State. 
Æ 
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