Wildfire Smoke Emergency Declaration Act of 2021
Bill: S.2419 | Sponsor: Sen. Merkley, Jeff (D-OR)
Policy area: Emergency Management

Summary:
Wildfire Smoke Emergency Declaration Act of 2021
This bill authorizes the President to declare a smoke emergency and provide emergency assistance to affected communities under specified circumstances.
Specifically, the President, upon determining that there is, or anticipating that there will be, a significant decrease in air quality due to wildland fire smoke in one or more states, may declare a smoke emergency. The governor or other agency of a state that is or will be affected may request such a declaration.
If the President declares a smoke emergency, the Federal Emergency Management Agency (FEMA) and other federal agencies may provide emergency assistance to states and local communities that are or will be affected by the emergency, including grants, equipment, supplies, and personnel and resources for establishing smoke shelters, air purifiers, and additional air monitoring sites.
The Small Business Administration may provide grants to any small business concern that loses a significant amount of revenue due to wildland fire smoke in an area in which the President has declared a smoke emergency.

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 2021''.

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 2021.
                            ``(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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