[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7001 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7001
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 8, 2022
Ms. Titus (for herself and Mr. Katko) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Veterans' Affairs,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
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.
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 ``FEMA Intermittent Personnel
Employment and Reemployment Rights Act of 2022''.
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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