[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3032 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 3032
To amend the Hermit's Peak/Calf Canyon Fire Assistance Act to authorize
assistance for damage resulting from the Cerro Pelado Fire, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 4, 2023
Mr. Lujan (for himself and Mr. Heinrich) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Hermit's Peak/Calf Canyon Fire Assistance Act to authorize
assistance for damage resulting from the Cerro Pelado Fire, 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 ``Cerro Pelado Fire Assistance Act''.
SEC. 2. AMENDMENTS.
The Hermit's Peak/Calf Canyon Fire Assistance Act (Public Law 117-
180; 136 Stat. 2168) is amended--
(1) in section 102--
(A) in subsection (a)--
(i) by redesignating paragraphs (8) through
(10) as paragraphs (10) through (12),
respectively;
(ii) by inserting after paragraph (7) the
following:
``(8) on April 22, 2023, the Cerro Pelado Lookout reported
a wildland fire in Sandoval County, New Mexico, which became
known as the Cerro Pelado Fire;
``(9) the Cerro Pelado Fire caused evacuations in Sandoval
County, New Mexico before being contained on June 15, 2022;''.
(iii) in paragraph (10), as so
redesignated, by inserting ``and the Cerro
Pelado Fire'' before the semicolon at the end;
(iv) in paragraph (11), as so redesignated,
by striking ``fire'' and inserting ``fires'';
and
(v) in paragraph (12), as so redesignated,
by inserting ``and the Cerro Pelado Fire''
before the period at the end; and
(B) in subsection (b)(1), by striking ``, for
injuries'' and inserting ``and the Cerro Pelado Fire
for injuries'';
(2) in section 103--
(A) in paragraph (1)(B), by striking ``104(a)(3)''
and inserting ``104(a)(4)'';
(B) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively;
(C) by inserting after paragraph (1) the following:
``(2) Cerro pelado fire.--The term `Cerro Pelado Fire'
means the pile burn holdover resulting from the prescribed burn
by the Forest Service, which reemerged on April 22, 2022.'';
(D) in paragraph (5)(B), as so redesignated, by
inserting ``or the Cerro Pelado Fire'' before the
period at the end;
(E) in paragraph (7), as so redesignated, by
striking ``104(a)(3)'' and inserting ``104(a)(4)''; and
(F) in paragraph (8), as so redesignated, by
striking ``104(a)(2)'' and inserting ``104(a)(2) or the
Office of Cerro Pelado Fire Claims established under
section 104(a)(3)''; and
(3) in section 104--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``or the
Cerro Pelado Fire'' before ``, subject to the
availability'';
(ii) by redesignating paragraphs (3) and
(4) as paragraphs (4) and (5), respectively;
(iii) by inserting after paragraph (2) the
following:
``(3) Office of cerro pelado fire claims.--
``(A) In general.--There is established within the
Federal Emergency Management Agency an Office of Cerro
Pelado Fire Claims.
``(B) Purpose.--The Office shall receive, process,
and pay claims in accordance with this Act.
``(C) Funding.--The Office--
``(i) shall be funded from funds made
available to the Administrator for carrying out
this section; and
``(ii) may appoint and fix the compensation
of such temporary personnel as may be
necessary, without regard to the provisions of
title 5, United States Code, governing
appointments in competitive service; and
``(iii) may reimburse other Federal
agencies for claims processing support and
assistance.'';
(iv) in paragraph (4)(A), as so
redesignated, by striking ``the Office'' and
inserting ``each Office''; and
(v) by adding at the end the following:
``(6) Temporary personnel.--
``(A) In general.--The Administrator may appoint
temporary personnel, after serving continuously for 3
years to positions in the Federal Emergency Management
Agency in the same manner that competitive service
employees with competitive status are considered for
transfer, reassignment, or promotion to such positions.
``(B) Career-conditional employee.--An individual
appointed under subparagraph (A) shall become a career-
conditional employee, unless the employee has already
completed the service requirements for career
tenure.'';
(B) in subsection (b), by striking ``Not later than
2 years after the date on which regulations are first
promulgated under subsection (f)'' and inserting ``Not
later than December 31, 2027''; and
(C) in subsection (d)--
(i) in paragraph (1)(B)(ii), by inserting
``or the Cerro Pelado Fire'' before the
semicolon at the end; and
(ii) in paragraph (4)--
(I) in subparagraph (A)--
(aa) in the matter
preceding clause (i), by
inserting ``or the Cerro Pelado
Fire'' after ``Calf Canyon
Fire''; and
(bb) in clause (iv), by
inserting ``or the Cerro Pelado
Fire'' before the semicolon at
the end;
(II) in subparagraph (B), in the
matter preceding clause (i), by
inserting ``or the Cerro Pelado Fire''
before ``for the following types''; and
(III) in subparagraph (C)--
(aa) in the matter
preceding clause (i), by
inserting ``or the Cerro Pelado
Fire'' before ``for the
following types'';
(bb) in clause (vii)--
(AA) by inserting
``or the Cerro Pelado
Fire'' before ``to risk
levels'';
(BB) by inserting
``or the Cerro Pelado
Fire'' before ``, that
are incurred''; and
(CC) by striking
``the date that is 3
years after the date on
which the regulations
under subsection (f)
are first promulgated''
and inserting
``December 31, 2028'';
and
(cc) in clause (viii)--
(AA) by striking
``May 31, 2024'' and
inserting ``December
31, 2028'';
(BB) by inserting
``or the Cerro Pelado
Fire'' before ``, a
person that was not'';
and
(CC) by inserting
``or the Cerro Pelado
Fire'' before ``is
required to purchase'';
(D) in subsection (f), by adding at the end the
following:
``(3) Regulations.--Upon the date of enactment of the Cerro
Pelado Fire Assistance Act, without regard to chapter 5 of
title 5, United States Code, the Administrator shall
immediately amend the regulations promulgated and published
under paragraph (1) to include regulations for the processing
and payment of claims relating to the Cerro Pelado Fire.'';
(E) in subsection (h)--
(i) in paragraph (1), in the matter
preceding subparagraph (A), by inserting ``or
the Cerro Pelado Fire'' before ``by''; and
(ii) in paragraph (2), by inserting ``or
the Cerro Pelado Fire'' before ``that are
suffered by the claimant'';
(F) in subsection (k)--
(i) in paragraph (1)(A)--
(I) by inserting ``or the Cerro
Pelado Fire'' before ``under any
Federal program''; and
(II) by inserting ``or the Cerro
Pelado Fire'' before ``shall not be
subject to'';
(ii) in paragraph (2), by inserting ``or
the Cerro Pelado Fire'' before ``, the Federal
share of assistance''; and
(iii) in paragraph (3)(A), by inserting
``or the Cerro Pelado Fire'' before ``shall not
be subject to''; and
(G) in subsection (m)(3)--
(i) by inserting ``or the Cerro Pelado
Fire'' before ``that is the subject of the
claim''; and
(ii) by inserting ``or the Cerro Pelado
Fire'' before the period at the end.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary for fiscal year 2024 to the Administrator of the
Federal Emergency Management Agency, to remain available until
expended, for compensation payments to victims of the Cerro Pelado Fire
under section 104 of the Hermit's Peak/Calf Canyon Fire Assistance Act
(Public Law 117-180; 136 Stat. 2170), as amended by section 2 of this
Act.
(b) Prohibition.--Amounts appropriated for the purpose of providing
assistance to victims of the Hermit's Peak/Calf Canyon Fire under
section 103 of the Hermit's Peak/Calf Canyon Fire Assistance Act
(Public Law 117-180; 136 Stat. 2169) may not be used for compensation
payments to victims of the Cerro Pelado Fire.
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