[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3032 Introduced in Senate (IS)]

<DOC>






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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