SNAP Use of Nonmerit Personnel in SNAP Administration

The Food and Nutrition Service (FNS) seeks to clarify existing policy and flexibilities regarding the use of nonmerit personnel in the administration of the Supplemental Nutrition Assistance Program (SNAP). Accordingly, FNS is issuing a toolkit for states’ use of nonmerit personnel in the administration of SNAP, a copy of which is attached to this memorandum. This toolkit elaborates on the previously-issued memorandum dated Feb. 6, 2020, Revised Guidance for Use of Vendor/Private Staff in Call Centers: 2020 Update.

The attached toolkit clarifies the functions for which states may use nonmerit personnel and the approval and major change reporting requirements for states seeking to use nonmerit personnel in the administration of SNAP. The toolkit does not include any substantive changes from previous FNS guidance.

The toolkit is meant to improve states’ understanding of the possibilities and requirements of using nonmerit personnel and expedite state deliberations on employing nonmerit personnel relative to other strategies they are considering. This toolkit addresses the principles and rationale behind the SNAP limitations on the use of nonmerit personnel; provides explanations and examples of activities FNS can approve; and outlines the process for obtaining such approval.

Previous FNS guidance allowed states to test additional capacity for nonmerit personnel with Federal Financial Participation (FFP) and expanded allowable activities by nonmerit personnel in call centers. This toolkit clarifies the guidance on functions nonmerit personnel can perform, regardless of whether nonmerit personnel are employed in a call center or other office involved in program operations. The toolkit addresses three types of functions:

• Functions that do not require FNS approval but do require notification pursuant to major change requirements
• Functions that do require both prior FNS approval and notification pursuant to major change requirements
• Functions for merit personnel only

This toolkit also clarifies the approval and major change reporting requirements for implementing changes involving the use of nonmerit personnel in accordance with statutory and regulatory requirements. Depending on the functions states seek nonmerit personnel to perform, multiple approval and reporting requirements may be applicable. This toolkit outlines the circumstances regarding the use of nonmerit personnel in which a state is required to—

• Request prior approval from FNS to receive FFP.
• Notify FNS pursuant to major change requirements.
• Report the use of nonmerit personnel in a state call center through the annual state plan of operations.

Please note, while receipt of an FNS acknowledgement of a report of a major change in program design is not a requirement prior to implementation, states are strongly advised to await FNS acknowledgement first. States implementing a major change without receiving such acknowledgement may be required to reverse the change and risk suspension or disallowance of federal funds if it is determined the change placed the state out of compliance with statute or regulation.

State agencies that would like to use nonmerit staff for functions not mentioned in this toolkit should contact FNS to determine whether the intended use is compliant, requires FNS approval, and/or meets reporting requirements pursuant to major change requirements.

Thank you for your continued commitment to ensuring all those in need of nutrition assistance receive timely and accurate benefits. FNS stands ready to provide technical assistance on policy and operational options available to your state to effectively administer SNAP while providing a higher level of customer service. State agencies should contact their respective FNS regional office with any questions about this memorandum.

Moira Johnston
Acting Director
Program Development Division

Attachment

• Toolkit for States' Use of Nonmerit Personnel in the Administration of SNAP