[Congressional Record Volume 167, Number 212 (Wednesday, December 8, 2021)]
[Senate]
[Page S9040]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           CIVILIAN RESERVIST EMERGENCY WORKFORCE ACT OF 2021

  Mr. SCHUMER. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 154, S. 2293.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 2293) 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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

     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.''.

  Mr. SCHUMER. I ask unanimous consent that the committee-reported 
substitute amendment be agreed to; that the bill, as amended, be 
considered read a third time and passed; and that the motion to 
reconsider be considered laid and made upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill (S. 2293), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

                          ____________________