Civilian Reservist Emergency Workforce Act of 2021
Floor Speech
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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.''.
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Ms. NORTON. 2293.
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 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.
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Ms. NORTON. Titus).
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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.
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