Home > 106th Congressional Bills > H.R. 989 (ih) To amend the Public Health Service Act, Employee Retirement Income [Introduced in House] ...H.R. 989 (ih) To amend the Public Health Service Act, Employee Retirement Income [Introduced in House] ...
108th CONGRESS
1st Session
H. R. 988
To provide compensation to individuals who are injured by an escaped
prescribed fire and to amend the tort procedure provisions of title 28,
United States Code, relating to claims for such fires, and for other
purposes.
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IN THE HOUSE OF REPRESENTATIVES
February 27, 2003
Mr. Herger introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on
Resources and Agriculture, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
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A BILL
To provide compensation to individuals who are injured by an escaped
prescribed fire and to amend the tort procedure provisions of title 28,
United States Code, relating to claims for such fires, 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 ``Escaped Prescribed Fire Emergency
Assistance Act''.
SEC. 2. COMPENSATION FOR INJURIES FROM ESCAPED PRESCRIBED FIRES.
(a) General Rule.--In the case of an escaped prescribed fire where
there is partial or total loss of a primary residence, the responsible
agency head may authorize payment of reasonable emergency assistance
(including housing, food, transportation, and other emergency needs)
for a period not to exceed 30 days. An extension of an additional 30
days may be authorized by the agency head in extenuating circumstances.
(b) Construction.--Provision of assistance under subsection (a)
shall not be construed as a waiver of rights under the tort claims
procedures under chapter 171 of title 28, United States Code.
(c) Funds.--Payments under subsection (a) may be made from the
account of the Department of Agriculture entitled ``Wildfire Management
Account'' and the Department of Interior account entitled ``Wildfire
Management Account''.
(d) Definitions.--As used in this section:
(1) Agency head.--The term ``agency head'' means the head
of any Federal land management agency.
(2) Escaped prescribed fire.--The term ``escaped prescribed
fire'' means a fire ignited by a Federal land management agency
or any authorized representative to accomplish natural resource
objectives which has exceeded its planned boundaries and which
results in the destruction of private property.
(3) Federal land management agency.--The term ``Federal
land management agency'' means any department, agency, or
bureau of the United States that administers or otherwise
manages lands owned by the United States.
SEC. 3. DECISIONS REGARDING PRESCRIBED FIRES ARE NOT DISCRETIONARY
DECISIONS.
Section 2680(a) of title 28, United States Code, is amended by
adding at the end the following: ``Any action or decision taken
respecting a prescribed fire shall not be considered for purposes of
this paragraph the exercise of a discretionary function. For purposes
of the preceding sentence, the term `prescribed fire' means a fire
ignited by a Federal land management agency or any authorized
representative to accomplish natural resource objectives.''.
SEC. 4. AMENDMENT OF CLAIMS AND NOTICE RESPECTING CLAIMS.
(a) Amendment.--Chapter 171 of title 28, United States Code, is
amended by adding after section 2671 the following:
``Sec. 2671A. Amendment of claims and notice respecting claims.
``(a) Any individual having a claim before a Federal agency may
amend such claim--
``(1) before final action is taken on it by the agency, or
``(2) before the individual brings a civil action under
section 2675(a) against the United States,
whichever may be later if the claim as amended relates to the same
transaction or occurrence which gave rise to the original claim. The
claim as amended shall be considered as part of the original claim for
all purposes.
``(b) Any individual having a claim before a Federal agency shall
be given notice by such agency if it determines that the claim fails to
state a claim upon which such agency may take action under section
2675.
``(c) Each Federal agency shall have attached to any claim form it
distributes notice in clear and explicit language that the claim may be
amended as provided in subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 171 of title 28, United States Code, is amended by inserting
after the item relating to section 2671 the following new item:
``2671A. Amendment of claims and notice respecting claims.''.
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