[Congressional Record Volume 168, Number 147 (Tuesday, September 13, 2022)]
[House]
[Pages H7757-H7758]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1530
           CIVILIAN RESERVIST EMERGENCY WORKFORCE ACT OF 2021

  Ms. NORTON. Mr. Speaker, I move to suspend the rules and pass the 
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.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 2293

       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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
the District of Columbia (Ms. Norton) and the gentleman from Arkansas 
(Mr. Crawford) each will control 20 minutes.
  The Chair recognizes the gentlewoman from the District of Columbia.


                             General Leave

  Ms. NORTON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on S. 2293.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from the District of Columbia?
  There was no objection.
  Ms. NORTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of S. 2293, the Civilian Reservist 
Emergency Workforce Act of 2021, which extends Uniformed Services 
Employment and Reemployment Rights Act protections to the Federal 
Emergency Management Agency's reservist workforce.
  Reservists assist disaster survivors and first responders on an on-
call basis. They are prepared to deploy when disaster strikes and make 
up the majority of FEMA's workforce. While reservists are critical to 
Federal disaster response, these essential personnel are only paid by 
FEMA during deployments and have no protections that prevent them from 
losing their full-time jobs when called to a disaster.
  FEMA's workforce has been stretched to its limits by increasingly

[[Page H7758]]

frequent and intense disasters, climate change, and the coronavirus 
pandemic. A larger reservist workforce is required to meet the current 
challenge, but FEMA has reported that it is difficult to retain 
reservists and recruit a diverse workforce without being able to offer 
them basic protections. FEMA Administrator Deanna Criswell has stated 
that the ability to recruit and maintain a skilled reservist workforce 
is necessary if the agency is to fulfill its mission of helping people 
before, during, and after disasters.
  This bill will help FEMA continue to fulfill that mission and ensure 
that these brave women and men do not have to worry that they could 
lose their livelihoods when they are called by their country to serve.
  It is time we give reservists the respect they deserve and provide 
them protections. I would like to express my gratitude to reservists 
who have answered the call and to those who will do so in the future.
  I ask my colleagues to support this legislation, and I reserve the 
balance of my time.
  Mr. CRAWFORD. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, S. 2293, the CREW Act, extends protections under the 
Uniformed Services Employment and Reemployment Rights Act, commonly 
referred to as USERRA, to FEMA reservists.
  FEMA reservists are a critical component to supporting disaster 
survivors and our first responders.
  The CREW Act would provide FEMA further tools to retain and recruit a 
workforce. By having a strong workforce, FEMA is then able to respond 
quickly and effectively to disasters, thereby fulfilling its mission to 
disaster victims.
  I urge support of this legislation, and I reserve the balance of my 
time.
  Ms. NORTON. Mr. Speaker, I yield such time as she may consume to the 
gentlewoman from Nevada (Ms. Titus).
  Ms. TITUS. Mr. Speaker, I, too, rise in support of S. 2293, the 
Civilian Reservist Emergency Workforce, or CREW, Act, appropriately 
named, which is the Senate companion to legislation I introduced to 
protect FEMA reservists. It would protect them from losing their full-
time employment when they are called up to assist our communities 
during and after disasters.
  FEMA reservists have in the past and continue to step up time and 
time again when communities need help in the wake of severe storms, 
wildfires, and other climate events. We also saw them on the front 
lines during the COVID-19 pandemic.
  Unlike military reservists, however, FEMA's workforce is not afforded 
employment protections during deployment. When these men and women are 
answering the call of duty, they shouldn't have to worry about losing 
their means of income back home where they can take care of their own 
families.
  I am proud to lead the House companion to this bill along with my 
colleague, the gentleman from New York (Mr. Katko). I thank him for his 
leadership, and I urge my colleagues to support the bill.
  Mr. CRAWFORD. Mr. Speaker, I yield myself such time as I may consume 
to close.
  Mr. Speaker, S. 2293 will help support FEMA's intermittent workforce 
and enable the agency to better meet its mission to respond to 
disasters.
  Mr. Speaker, I urge support of this legislation and yield back the 
balance of my time.
  Ms. NORTON. Mr. Speaker, in closing, I urge my colleagues to support 
this legislation, and I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I rise in support of S. 2293, the 
``Civilian Reservist Emergency Workforce Act of 2021'' or ``CREW Act.''
  This bill would amend the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act to provide certain employment rights to 
Federal Emergency Management Agency (FEMA) reservists.
  FEMA reservists are temporary, on-call, and intermittent employees 
who are crucial to the agency's mission to swiftly respond to 
disasters--but, they currently do not have employment protections.
  The bill makes employment protections under the Uniformed Services 
and Reemployment Rights Act (USRRA) applicable to FEMA reservists who 
deploy to major disaster and emergency sites.
  It allows reservists to claim such rights under USERRA even if they 
do not provide notice of their absence from work due to deployment.
  The bill ensures that reservists will be able to return to their 
full-time jobs once their disaster response mission is complete.
  These FEMA workers were essential during the Texas Freeze of 2021, 
the historic natural disaster Hurricane Harvey, and the initial 
outbreak of the Coronavirus pandemic.
  We need to protect intermittent FEMA employees' rights to return to 
their full-time jobs after performing life-changing and life-saving 
work in our communities.
  Currently, FEMA faces a large shortfall of reservists because it is 
difficult to recruit and retain Americans who can balance reservist 
duties and full-time employment.
  With this bill's protections for employees, FEMA's ability to recruit 
and retain employees would be enhanced. With more FEMA employees, we 
can combat disasters and crises quicker.
  Our Nation must never again be so ill-prepared to weather a disaster 
like Hurricane Harvey or a crisis like COVID-l9.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from the District of Columbia (Ms. Norton) that the House 
suspend the rules and pass the bill, S. 2293.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ROY. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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