S-4732-119
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Sponsored by Jeff Merkley (D-OR)
What it does
This bill would authorize the President to declare a "smoke emergency" in any state experiencing, or anticipated to experience, a significant decrease in air quality due to wildland fire smoke. Upon such a declaration, FEMA and other federal agencies could provide assistance including grants, equipment, supplies, personnel, smoke shelters, air purifiers, and additional air monitoring sites. The Small Business Administration could also provide grants to small businesses that lose significant revenue due to wildfire smoke in a declared area. The bill would also amend the Balanced Budget and Emergency Deficit Control Act of 1985 to create a new budget adjustment category for smoke emergency assistance spending, exempting it from standard discretionary spending caps.
Who benefits
Residents of states frequently affected by wildfire smoke, particularly in Western states such as California, Oregon, Washington, Idaho, Montana, and Colorado. Small businesses in smoke-affected areas that lose revenue during smoke events — including outdoor recreation businesses, tourism operators, restaurants with outdoor seating, and agricultural operations. State and local governments that would receive federal resources and personnel. Vulnerable populations such as the elderly, children, and people with respiratory conditions who would gain access to smoke shelters and air purifiers. Air quality monitoring agencies and equipment suppliers who would receive federal contracts.
Who is hurt
Federal taxpayers who would fund an open-ended appropriation ("such sums as may be necessary"). Future Congresses whose discretionary spending flexibility would be reduced by the new budget adjustment category. States not prone to wildfire smoke that would contribute to a funding pool they are unlikely to draw from. Existing FEMA and SBA program recipients who may compete for agency resources and personnel during declared smoke emergencies. Budget watchdog interests concerned about expanding emergency spending exemptions from deficit control mechanisms.
Supporters argue
Supporters argue that wildfire smoke has become a recurring, large-scale public health emergency affecting tens of millions of Americans annually — the 2020 Western wildfires alone blanketed regions with hazardous air quality for weeks, and smoke events have grown in frequency and severity. They contend that current federal emergency declaration authority under the Stafford Act does not clearly cover smoke-only events where no direct fire damage occurs, leaving affected communities without federal resources. Creating a dedicated smoke emergency framework with a matching budget adjustment, they argue, ensures that response funding does not crowd out other disaster relief spending.
Opponents argue
Opponents argue that the bill creates a broad, open-ended presidential declaration authority with minimal triggering standards — "significant decrease in air quality" is undefined, potentially enabling declarations for routine seasonal smoke events rather than true emergencies. They contend that the budget adjustment provision effectively carves out smoke emergency spending from deficit control rules, adding to federal debt without a clear spending ceiling or sunset provision. Critics may also argue that existing Stafford Act and EPA authorities are sufficient, and that the bill duplicates rather than fills a genuine gap in federal emergency response law.
Constitutional context
Congress has broad authority to appropriate funds and establish emergency assistance programs under the Appropriations Clause (Art. I, §9, cl. 7) and the Commerce Clause. The delegation of declaration authority to the President is consistent with existing emergency frameworks and falls within the zone where Congress and the President act together, which Youngstown Sheet & Tube v. Sawyer (1952) identifies as the area of maximum presidential authority. No significant constitutional tension is present.
Checks and balances
The Executive branch (President, FEMA, SBA) gains new declaration and spending authority; Congress retains control through the appropriations process and the requirement that smoke emergency spending be explicitly designated as such in statute to qualify for the budget adjustment.
Historical precedent
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (1988) established the existing framework for presidential disaster declarations and federal emergency assistance, which this bill would supplement with a smoke-specific declaration authority.