H.R. 5094House118th Congress (2023-2025)In Committee

SNAP Staffing Flexibility Act of 2023

Sponsored by Don BaconRep. Don Bacon (R-NE)
Introduced August 1, 2023

AI-Generated Summary

Updated January 20, 2026 at 10:53 AM UTC

The SNAP Staffing Flexibility Act of 2023 lets state agencies hire private contractors to help with SNAP certification and other program functions when they face spikes in applications or staffing shortages. The law sets safeguards to prevent conflicts of interest and ensures contractors don’t delay or deny benefits. It applies to state and local SNAP agencies and the people who apply for benefits.

Key Provisions

  • States may contract private firms to perform SNAP certification or other duties, provided contracts don’t incentivize delays or denials and contractors have no financial stake in approved retailers.
  • The authority can be used during pandemics, health emergencies, seasonal workforce changes, temporary staffing gaps, or natural disasters that cause application backlogs.
  • Contracts must follow standard state procurement rules, comply with federal personnel regulations, and must not replace existing merit‑based state employees.
  • States must notify the Secretary of Agriculture of their intent and provide data showing the need; the Secretary must publish the notice within 10 days.
  • The Secretary must submit an annual report to Congress describing how the authority was used and recommending any needed changes.
  • The contracting authority ends once the application backlog is cleared and does not affect existing collective‑bargaining agreements.

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture.

September 26, 2023

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HouseIntro Referral

Introduced in House

August 1, 2023

HouseIntro Referral

Referred to the House Committee on Agriculture.

August 1, 2023

HouseCommittee

Referred to the Subcommittee on Nutrition, Foreign Agriculture, and Horticulture.

September 26, 2023

Floor Debate

19 members

What members said about H.R. 5094 on the floor

2 Republicans17 Democrats
Monica De La Cruz
Rep. Monica De La CruzR-TX-15 · Sep 12, 2023

Under clause 7 of rule XII, sponsors were added to public bills and resolutions, as follows: H.R. 16: Ms. Tokuda, Mr. Magaziner, Mr. Casten, Mr. Casar, Mr. Sherman, Ms. Caraveo, and Mr. Sablan. H.R.…

Jahana Hayes
Rep. Jahana HayesD-CT-5 · May 22, 2024

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and to submit extraneous material in the Record on the topic of this…

Jonathan L. Jackson
Rep. Jonathan L. JacksonD-IL-1 · May 22, 2024

Mr. Speaker, I rise because it is imperative that this body move with all deliberate speed to pass a farm bill that is both responsible and enriching for the American people. The farm bill is one of…

Bennie G. Thompson
Rep. Bennie G. ThompsonD-MS-2 · May 22, 2024

Mr. Speaker, first of all, I am one of those Members who represent a significant agricultural district which actually has its economy based on agriculture. I also represent the district that former…

Rashida Tlaib
Rep. Rashida TlaibD-MI-12 · May 22, 2024

Mr. Speaker, I thank my wonderful, amazing, dedicated, committed colleague from Connecticut, who is today, as we say in Detroit, speaking truth to power when it comes to our most vulnerable in the…

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Susan Wild
Rep. Susan WildD-PA-7 · May 22, 2024

Mr. Speaker, I am grateful to the gentlewoman from Connecticut for convening us this evening to discuss an issue that affects every corner of our Nation: food insecurity. In blue, red, and purple…

Teresa Leger Fernandez
Rep. Teresa Leger FernandezD-NM-3 · May 22, 2024

Mr. Speaker, I thank Representative Hayes so very much for organizing and for giving me this time, because I am here on behalf of my good friend and the ranking member of the Rules Committee, Jim…

Becca Balint
Rep. Becca BalintD-VT · May 22, 2024

Mr. Speaker, my colleague, the gentlewoman from Connecticut, has been a champion on this issue, and I am so glad she has convened us here tonight. Over 41 million Americans depend on nutrition…

Haley M. Stevens
Rep. Haley M. StevensD-MI-11 · May 22, 2024

Mr. Speaker, I thank my good colleague, the gentlewoman from Connecticut, for yielding time, and I reflect on this farm bill from the standpoint that at this period in time, Americans are paying more…

Ayanna Pressley
Rep. Ayanna PressleyD-MA-7 · May 22, 2024

Mr. Speaker, before we began this Special Order hour, I approached Congresswoman Hayes to thank her for her leadership in pulling this together. She said: You are welcome, but I am so sorry we have…

Sylvia R. Garcia
Rep. Sylvia R. GarciaD-TX-29 · May 22, 2024

Mr. Speaker, I know what it is like to grow up hungry. I know the feeling, as a young girl, opening the refrigerator, only to see the water jug. I know what it's like growing up on…

Nanette Diaz Barragán
Rep. Nanette Diaz BarragánD-CA-44 · May 22, 2024

Mr. Speaker, House Republicans are coming after the food benefits of disabled veterans who receive food assistance or SNAP, part-time college students and single moms on SNAP. House Republicans' farm…

Timothy M. Kennedy
Rep. Timothy M. KennedyD-NY-26 · May 22, 2024

Mr. Speaker, I will start by thanking Congresswoman Hayes for leading this effort. Mr. Speaker, on behalf of the 62,000 households in New York's 26th Congressional District that rely on the SNAP…

Show 6 more
Daniel S. Goldman
Rep. Daniel S. GoldmanD-NY-10 · May 22, 2024

Mr. Speaker, I thank my colleague from Connecticut very much for yielding. I rise today, alongside so many of my colleagues, to make one thing very clear. Republicans' proposed funding cuts to SNAP…

Juan Vargas
Rep. Juan VargasD-CA-52 · May 22, 2024

Mr. Speaker, I sincerely thank the gentlewoman from Connecticut for bringing us together tonight to defend the SNAP program. In America, no child should go to bed hungry. No family should have to…

Janice D. Schakowsky
Rep. Janice D. SchakowskyD-IL-9 · May 22, 2024

Mr. Speaker, let me thank my colleague, Congresswoman Hayes, for bringing us together today to talk about something so important. We do live in the richest country in the world at the richest moment…

Shontel M. Brown
Rep. Shontel M. BrownD-OH-11 · May 22, 2024

Mr. Speaker, I thank Representative Hayes for organizing this Special Order hour on SNAP. Today, I rise because tomorrow the House Agriculture Committee will vote on the GOP's partisan farm bill. If…

Ilhan Omar
Rep. Ilhan OmarD-MN-5 · May 22, 2024

Mr. Speaker, I thank Representative Hayes for her tireless efforts, and, yes, she is right. Children, the poor, the elderly, and the downtrodden do not have lobbyists, but they have us. Mr. Speaker,…

Michael Lawler
Rep. Michael LawlerR-NY-17 · May 16, 2024

Mr. Speaker, I hereby remove my name as a cosponsor of

Bill Text

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Introduced in HouseIssued August 1, 2023

I

118th CONGRESS

1st Session

H. R. 5094

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.

1.

Short title

This Act may be cited as the SNAP Staffing Flexibility Act of 2023.

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.