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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2293 Enrolled Bill (ENR)]

        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 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.
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