S. 2293 

One Hundred Seventeenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Monday, 

the third day of January, two thousand and twenty two 

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. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

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

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

SEC. 2. PERSONNEL PERFORMING SERVICE RESPONDING TO PRESIDENTIALLY DECLARED MAJOR DISASTERS AND EMERGENCIES. 

Section 306 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149) is amended by adding at 

the end the following: 

‘‘(d) PERSONNEL PERFORMING SERVICE RESPONDING TO DISASTERS AND EMERGENCIES.— 

‘‘(1) USERRA EMPLOYMENT AND REEMPLOYMENT RIGHTS.— 

The protections, rights, benefits, and obligations provided under 

chapter 43 of title 38, United States Code, shall apply to intermittent personnel appointed pursuant to subsection (b)(1) to 

perform service to the Federal Emergency Management Agency 

under sections 401 and 501 or to train for such service. 

‘‘(2) NOTICE OF ABSENCE FROM POSITION OF EMPLOYMENT.— 

Preclusion of giving notice of service by necessity of service 

under subsection (b)(1) to perform service to the Federal Emergency Management Agency under sections 401 and 501 or to 

train for such service shall be considered preclusion by ‘military 

necessity’ for purposes of section 4312(b) of title 38, United 

States Code, pertaining to giving notice of absence from a 

position of employment. A determination of such necessity shall 

be made by the Administrator and shall not be subject to 

review in any judicial or administrative proceeding.’’. 

SEC. 3. EXTENSION OF CERTAIN EMPLOYMENT AND REEMPLOYMENT 

RIGHTS TO FEMA RESERVISTS. 

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

is amended— 

(1) in paragraph (13), by inserting before ‘‘, and a period’’ 

the following: ‘‘, a period for which a person is absent from 

a position of employment due to an appointment into service 

in the Federal Emergency Management Agency as intermittent 

personnel under section 306(b)(1) of the Robert T. Stafford 
S. 2293—2 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5149(b)(1))’’; 

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

to uniformed services) as paragraph (17); and 

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

before ‘‘and any other category’’ the following: ‘‘intermittent 

personnel who are appointed into Federal Emergency Management Agency service under section 306(b)(1) of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 

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

(b) MODIFICATION OF EXCEPTION FOR REQUIREMENT FOR MEMBERS OF UNIFORMED SERVICES TO PROVIDE NOTICE TO EMPLOYERS

TO OBTAIN CERTAIN EMPLOYMENT AND REEMPLOYMENT RIGHTS.— 

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

(1) by striking the second sentence; 

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

(3) by adding at the end the following new paragraph: 

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

‘‘(A) except as provided in subparagraphs (B) and (C), 

pursuant to regulations prescribed by the Secretary of Defense; 

‘‘(B) for persons performing service to the Federal Emergency Management Agency under section 327 of the Robert 

T. Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5165f) and as intermittent personnel under section 

306(b)(1) of such Act (42 U.S.C. 5149(b)(1)), by the Administrator of the Federal Emergency Management Agency as 

described in sections 327(j)(2) and 306(d)(2) of such Act (42 

U.S.C. 5165f(j)(2) and 5149(d)(2)), respectively; or 

‘‘(C) for intermittent disaster-response appointees of the 

National Disaster Medical System, by the Secretary of Health 

and Human Services as described in section 2812(d)(3)(B) of 

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

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

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

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.