S. 3032 — Introduced in Senate

II 118th CONGRESS 1st Session S. 3032 IN THE SENATE OF THE UNITED STATES October 4, 2023Mr. Luján (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. 1. Short title This Act may be cited as the Cerro Pelado Fire Assistance Act. 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. 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.