I 
118TH CONGRESS 
1ST SESSION H. R. 5888 
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 HOUSE OF REPRESENTATIVES 
OCTOBER 3, 2023 
Ms. LEGER FERNANDEZ introduced the following bill 
OCTOBER 25, 2023 
Referred to the Committee on the Judiciary, and in addition to the Committee 
on Transportation and Infrastructure, for a period to be subsequently de-
termined 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 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cerro Pelado Fire As-
sistance Act’’. 
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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 Look-
out 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 con-
tained on June 15, 2022;’’. 
(iii) in paragraph (10), as so redesig-
nated, by inserting ‘‘and the Cerro Pelado 
Fire’’ before the semicolon at the end; 
(iv) in paragraph (11), as so redesig-
nated, by striking ‘‘fire’’ and inserting 
‘‘fires’’; and 
(v) in paragraph (12), as so redesig-
nated, by inserting ‘‘and the Cerro Pelado 
Fire’’ before the period at the end; and 
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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), respec-
tively; 
(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 
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‘‘(ii) may appoint and fix the com-
pensation 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 redes-
ignated, by striking ‘‘the Office’’ and in-
serting ‘‘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 Fed-
eral 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, 
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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 regu-
lations 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 insert-
ing ‘‘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 insert-
ing ‘‘or the Cerro Pelado Fire’’ 
before the semicolon at the end; 
(II) in subparagraph (B), in the 
matter preceding clause (i), by insert-
ing ‘‘or the Cerro Pelado Fire’’ before 
‘‘for the following types’’; and 
(III) in subparagraph (C)— 
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(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’’ be-
fore ‘‘to risk levels’’; 
(BB) by inserting ‘‘or 
the Cerro Pelado Fire’’ be-
fore ‘‘, that are incurred’’; 
and 
(CC) by striking ‘‘the 
date that is 3 years after the 
date on which the regula-
tions 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’’ be-
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fore ‘‘, a person that was 
not’’; and 
(CC) by inserting ‘‘or 
the Cerro Pelado Fire’’ be-
fore ‘‘is required to pur-
chase’’; 
(D) in subsection (f), by adding at the end 
the following: 
‘‘(3) REGULATIONS.—Upon the date of enact-
ment of the Cerro Pelado Fire Assistance Act, with-
out 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 proc-
essing 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)— 
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(i) in paragraph (1)(A)— 
(I) by inserting ‘‘or the Cerro 
Pelado Fire’’ before ‘‘under any Fed-
eral program’’; and 
(II) by inserting ‘‘or the Cerro 
Pelado Fire’’ before ‘‘shall not be sub-
ject to’’; 
(ii) in paragraph (2), by inserting ‘‘or 
the Cerro Pelado Fire’’ before ‘‘, the Fed-
eral 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 appro-
priated 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 
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