[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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