CREW Act
Bill: S.2293 | Sponsor: Sen. Peters, Gary C. (D-MI)
Policy area: Government Operations and Politics

Summary:
Civilian Reservist Emergency Workforce Act of 2021 or the CREW Act
This act makes employment protections under the Uniformed Services Employment and Reemployment Rights Act (USERRA) applicable to Federal Emergency Management Agency (FEMA) reservists who deploy to major disaster and emergency sites. It allows such reservists to claim such rights under USERRA even if they do not provide notice of their absence from work due to deployment.

[117th Congress Public Law 178]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 2110]]

Public Law 117-178
117th Congress

                                 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. <<NOTE: Sept. 29, 
                          2022 -  [S. 2293]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Civilian 
Reservist Emergency Workforce Act of 2021. 38 USC 101 note.>> 
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, <<NOTE: Applicability.>>  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. <<NOTE: Determination.>>  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

[[Page 136 STAT. 2111]]

        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) <<NOTE: Determination.>>  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.''.

    Approved September 29, 2022.

LEGISLATIVE HISTORY--S. 2293:
---------------------------------------------------------------------------

SENATE REPORTS: No. 117-44 (Comm. on Homeland Security and Governmental 
Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 167 (2021):
                                    Dec. 8, considered and passed 
                                        Senate.
                                                        Vol. 168 (2022):
                                    Sept. 13, 14, considered and passed 
                                        House.

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