[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:
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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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