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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5329 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 5329

To authorize the President to declare a smoke emergency, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 1, 2023

   Mr. Harder of California introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure, and in 
  addition to the Committees on Small Business, and the Budget, 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

_______________________________________________________________________

                                 A BILL

 
To authorize the President to declare a smoke emergency, 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 ``Wildfire Smoke Emergency Declaration 
Act of 2023''.

SEC. 2. ASSISTANCE FOR SMOKE EMERGENCY DECLARATION.

    (a) In General.--The President may declare a smoke emergency in any 
State in which the President determines there is, or anticipates there 
will be, a significant decrease in air quality due to wildland fire 
smoke in one or more States.
    (b) Request From Governor.--The Governor, or other appropriate 
agency, of a State that is or will be affected by a significant 
decrease in air quality due to wildland fire smoke may request a 
declaration under subsection (a).
    (c) Assistance.--If the President declares a smoke emergency under 
subsection (a), the President, acting through the Federal Emergency 
Management Agency and other appropriate Federal agencies, may provide 
smoke emergency assistance to States and local communities that are or 
will be affected by the smoke emergency, including grants, equipment, 
supplies, and personnel and resources for establishing smoke shelters, 
air purifiers, and additional air monitoring sites.
    (d) SBA Grants.--The Administrator of the Small Business 
Administration may provide grants to any small business concern, as 
defined in section 3 of the Small Business Act (15 U.S.C. 632), that 
loses a significant amount of revenue due to wildland fire smoke in an 
area in which the President has declared a smoke emergency under 
subsection (a).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this Act.

SEC. 3. BUDGET ADJUSTMENT FOR SMOKE EMERGENCY ASSISTANCE.

    Section 251(b)(2) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended by adding at the 
end the following:
                    ``(H) Smoke emergency assistance.--
                            ``(i) If, for any fiscal year, 
                        appropriations for discretionary accounts are 
                        enacted that Congress designates as being for 
                        smoke emergency assistance in statute, the 
                        adjustment for a fiscal year shall be the total 
                        of such appropriations for the fiscal year in 
                        discretionary accounts designated as being for 
                        smoke emergency assistance.
                            ``(ii) For purposes of this subparagraph, 
                        the term `smoke emergency assistance' means 
                        assistance provided under a determination under 
                        section 2 of the Wildfire Smoke Emergency 
                        Declaration Act of 2023.
                            ``(iii) Appropriations considered smoke 
                        emergency assistance under this subparagraph in 
                        a fiscal year shall not be eligible for 
                        adjustments under subparagraph (A) for the 
                        fiscal year.''.
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