117TH CONGRESS 

1ST SESSION S. 2293 

AN ACT 

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide certain employment 

rights to reservists of the Federal Emergency Management Agency, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 2293 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Civilian Reservist 

3 Emergency Workforce Act of 2021’’ or the ‘‘CREW Act’’. 

4 SEC. 2. PERSONNEL PERFORMING SERVICE RESPONDING 

5 TO PRESIDENTIALLY DECLARED MAJOR DIS6 ASTERS AND EMERGENCIES. 

7 Section 306 of the Robert T. Stafford Disaster Relief 

8 and Emergency Assistance Act (42 U.S.C. 5149) is 

9 amended by adding at the end the following: 

10 ‘‘(d) PERSONNEL PERFORMING SERVICE RESPOND11 ING TO DISASTERS AND EMERGENCIES.— 

12 ‘‘(1) USERRA EMPLOYMENT AND REEMPLOY13 MENT RIGHTS.—The protections, rights, benefits, 

14 and obligations provided under chapter 43 of title 

15 38, United States Code, shall apply to intermittent 

16 personnel appointed pursuant to subsection (b)(1) to 

17 perform service to the Federal Emergency Manage18 ment Agency under sections 401 and 501 or to train 

19 for such service. 

20 ‘‘(2) NOTICE OF ABSENCE FROM POSITION OF

21 EMPLOYMENT.—Preclusion of giving notice of serv22 ice by necessity of service under subsection (b)(1) to 

23 perform service to the Federal Emergency Manage24 ment Agency under sections 401 and 501 or to train 

25 for such service shall be considered preclusion by 

26 ‘military necessity’ for purposes of section 4312(b) 
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1 of title 38, United States Code, pertaining to giving 

2 notice of absence from a position of employment. A 

3 determination of such necessity shall be made by the 

4 Administrator and shall not be subject to review in 

5 any judicial or administrative proceeding.’’. 

6 SEC. 3. EXTENSION OF CERTAIN EMPLOYMENT AND REEM7 PLOYMENT RIGHTS TO FEMA RESERVISTS. 

8 (a) IN GENERAL.—Section 4303 of title 38, United 

9 States Code, is amended— 

10 (1) in paragraph (13), by inserting before ‘‘, 

11 and a period’’ the following: ‘‘, a period for which 

12 a person is absent from a position of employment 

13 due to an appointment into service in the Federal 

14 Emergency Management Agency as intermittent per15 sonnel under section 306(b)(1) of the Robert T. 

16 Stafford Disaster Relief and Emergency Assistance 

17 Act (42 U.S.C. 5149(b)(1))’’; 

18 (2) by redesignating the second paragraph (16) 

19 (relating to uniformed services) as paragraph (17); 

20 and 

21 (3) in paragraph (17), as so redesignated, by 

22 inserting before ‘‘and any other category’’ the fol23 lowing: ‘‘intermittent personnel who are appointed 

24 into Federal Emergency Management Agency service 

25 under section 306(b)(1) of the Robert T. Stafford 
4 

†S 2293 ES

1 Disaster Relief and Emergency Assistance Act (42 

2 U.S.C. 5149(b)(1)) or to train for such service,’’. 

3 (b) MODIFICATION OF EXCEPTION FOR REQUIRE4 MENT FOR MEMBERS OF UNIFORMED SERVICES TO PRO5 VIDE NOTICE TO EMPLOYERS TO OBTAIN CERTAIN EM6 PLOYMENT AND REEMPLOYMENT RIGHTS.—Section 

7 4312(b) of title 38, United States Code, is amended— 

8 (1) by striking the second sentence; 

9 (2) by inserting ‘‘(1)’’ before ‘‘No notice’’; and 

10 (3) by adding at the end the following new 

11 paragraph: 

12 ‘‘(2) A determination of military necessity for pur13 poses of paragraph (1) shall be made— 

14 ‘‘(A) except as provided in subparagraphs (B) 

15 and (C), pursuant to regulations prescribed by the 

16 Secretary of Defense; 

17 ‘‘(B) for persons performing service to the Fed18 eral Emergency Management Agency under section 

19 327 of the Robert T. Stafford Disaster Relief and 

20 Emergency Assistance Act (42 U.S.C. 5165f) and as 

21 intermittent personnel under section 306(b)(1) of 

22 such Act (42 U.S.C. 5149(b)(1)), by the Adminis23 trator of the Federal Emergency Management Agen24 cy as described in sections 327(j)(2) and 306(d)(2) 
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1 of such Act (42 U.S.C. 5165f(j)(2) and 5149(d)(2)), 

2 respectively; or 

3 ‘‘(C) for intermittent disaster-response ap4 pointees of the National Disaster Medical System, 

5 by the Secretary of Health and Human Services as 

6 described in section 2812(d)(3)(B) of the Public 

7 Health Service Act (42 U.S.C. 300hh–11(d)(3)(B)). 

8 ‘‘(3) A determination of military necessity under 

9 paragraph (1) shall not be subject to judicial review.’’. 

Passed the Senate December 8, 2021. 

Attest: 

Secretary. 
117TH CONGRESS 

1ST SESSION S. 2293 

AN ACT 

To amend the Robert T. Stafford Disaster Relief 

purposes. Emergency Management Agency, and for other employment rights to reservists of the Federal and Emergency Assistance Act to provide certain