I 

117TH CONGRESS 

2D SESSION H. R. 7001 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2022 

Ms. TITUS (for herself and Mr. KATKO) introduced the following bill; which 

was referred to the Committee on Transportation and Infrastructure, and 

in addition to the Committee on Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘FEMA Intermittent 

5 Personnel Employment and Reemployment Rights Act of 

6 2022’’. 


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1 SEC. 2. PERSONNEL PERFORMING SERVICE RESPONDING 

2 TO PRESIDENTIALLY DECLARED MAJOR DIS3 ASTERS AND EMERGENCIES. 

4 Section 306 of the Robert T. Stafford Disaster Relief 

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

6 amended by adding at the end the following: 

7 ‘‘(d) PERSONNEL PERFORMING SERVICE RESPOND8 ING TO DISASTERS AND EMERGENCIES.— 

9 ‘‘(1) USERRA EMPLOYMENT AND REEMPLOY10 MENT RIGHTS.—The protections, rights, benefits, 

11 and obligations provided under chapter 43 of title 

12 38, United States Code, shall apply to intermittent 

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

14 perform service to the Federal Emergency Manage15 ment Agency under sections 401 and 501 or to train 

16 for such service. 

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

18 EMPLOYMENT.—Preclusion of giving notice of serv19 ice by necessity of service under subsection (b)(1) to 

20 perform service to the Federal Emergency Manage21 ment Agency under sections 401 and 501 or to train 

22 for such service shall be considered preclusion by 

23 ‘military necessity’ for purposes of section 4312(b) 

24 of title 38, United States Code, pertaining to giving 

25 notice of absence from a position of employment. A 

26 determination of such necessity shall be made by the 


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1 Administrator and shall not be subject to review in 

2 any judicial or administrative proceeding.’’. 

3 SEC. 3. EXTENSION OF CERTAIN EMPLOYMENT AND REEM4 PLOYMENT RIGHTS TO FEMA RESERVISTS. 

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

6 States Code, is amended— 

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

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

9 a person is absent from a position of employment 

10 due to an appointment into service in the Federal 

11 Emergency Management Agency as intermittent per12 sonnel under section 306(b)(1) of the Robert T. 

13 Stafford Disaster Relief and Emergency Assistance 

14 Act (42 U.S.C. 5149(b)(1))’’; 

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

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

17 and 

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

19 inserting before ‘‘and any other category’’ the fol20 lowing: ‘‘intermittent personnel who are appointed 

21 into Federal Emergency Management Agency service 

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

23 Disaster Relief and Emergency Assistance Act (42 

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


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1 (b) MODIFICATION OF EXCEPTION FOR REQUIRE2 MENT FOR MEMBERS OF UNIFORMED SERVICES TO PRO3 VIDE NOTICE TO EMPLOYERS TO OBTAIN CERTAIN EM4 PLOYMENT AND REEMPLOYMENT RIGHTS.—Section 

5 4312(b) of title 38, United States Code, is amended— 

6 (1) by striking the second sentence; 

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

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

9 paragraph: 

10 ‘‘(2) A determination of military necessity for pur11 poses of paragraph (1) shall be made— 

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

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

14 Secretary of Defense; 

15 ‘‘(B) for persons performing service to the Fed16 eral Emergency Management Agency under section 

17 327 of the Robert T. Stafford Disaster Relief and 

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

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

20 such Act (42 U.S.C. 5149(b)(1)), by the Adminis21 trator of the Federal Emergency Management Agen22 cy as described in sections 327(j)(2) and 306(d)(2) 

23 of such Act (42 U.S.C. 5165f(j)(2) and 5149(d)(2)), 

24 respectively; or 


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1 ‘‘(C) for intermittent disaster-response ap2 pointees of the National Disaster Medical System, 

3 by the Secretary of Health and Human Services as 

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

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

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

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

Æ 


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