PolicyBrief
H.R. 2811
119th CongressApr 10th 2025
SNAP Staffing Flexibility Act of 2025
IN COMMITTEE

The SNAP Staffing Flexibility Act of 2025 allows states to contract out SNAP certification and other functions under specific conditions to address application increases and processing delays.

Don Bacon
R

Don Bacon

Representative

NE-2

LEGISLATION

New Bill Allows States to Hire Contractors for SNAP Processing During Emergencies and Staff Shortages

This bill, the SNAP Staffing Flexibility Act of 2025, proposes a significant shift in how Supplemental Nutrition Assistance Program (SNAP) benefits are processed. It would amend the Food and Nutrition Act to allow state agencies overseeing SNAP to hire outside contractors for tasks like determining eligibility and other functions. This flexibility is specifically targeted for situations where states face surges in applications or processing delays due to events like pandemics, natural disasters, seasonal workload spikes, or temporary staffing shortages.

Calling in Backup for SNAP?

The core idea is to give states extra capacity when they're overwhelmed. Think about a major hurricane hitting a coastal state, causing widespread job loss and a sudden spike in people needing food assistance. Or imagine a state agency struggling with high staff turnover leading to application backlogs. Under this bill (Section 2), the state could bring in a private company to help manage the increased workload and get benefits out faster. The goal is to prevent eligible families from facing long waits for help during critical times.

The Fine Print: Rules for Outsourcing

However, the bill sets specific conditions for using contractors. Crucially, contracts cannot include incentives that might encourage the contractor to delay or deny applications (Section 2). Contractors also can't have any financial stake in grocery stores or other retailers authorized to accept SNAP benefits. Another key rule is that these contractors must supplement existing state personnel, not replace them. This means they're intended as extra hands, not substitutes for government workers. Any contracting must also align with federal merit system principles (outlined in 5 CFR 900.603), which cover fair hiring, compensation, and treatment of employees. For situations involving temporary staff shortages, this contracting authority is explicitly time-limited: it ends once the application backlog is cleared. Furthermore, the bill states it cannot override any existing collective bargaining agreements between the state and its employees.

Keeping Tabs: Transparency and Oversight

To ensure transparency, states wanting to use this flexibility must formally notify the U.S. Department of Agriculture (USDA), providing data to justify the need (Section 2). The USDA is then required to make these notifications public on its website within 10 days. The bill also mandates an annual report from the USDA Secretary to Congress. This report will detail how states are using this authority, analyze the supporting data, and potentially recommend changes to better handle future surges in SNAP applications. This reporting structure aims to provide ongoing oversight and data on whether this flexibility is being used as intended and what its actual impact is on getting food assistance to those who need it.