Sec. 3. EXTENSION OF CERTAIN EMPLOYMENT AND REEMPLOYMENT RIGHTS TO FEMA RESERVISTS
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## 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 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) > > 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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Sec. 3
EXTENSION OF CERTAIN EMPLOYMENT AND REEMPLOYMENT RIGHTS TO FEMA RESERVISTS
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