Wildfire Smoke Emergency Declaration Act of 2026
- Sponsor
- Sen. Merkley, Jeff [D-OR]
- Committees
- Homeland Security and Governmental Affairs Committee (primary)
- Last action
- Jun 10, 2026
Bottom line
The bill creates a new federal emergency declaration category for wildfire smoke, enabling federal aid and special budget treatment for related appropriations.
What it actually does
This bill authorizes the President to declare a 'smoke emergency' in any state experiencing or anticipating significant air quality degradation due to wildland fire smoke. Such a declaration would enable the Federal Emergency Management Agency (FEMA) and other federal agencies to provide assistance, including grants, equipment, and resources for smoke shelters and air purifiers. Additionally, it allows the Small Business Administration (SBA) to provide grants to small businesses that incur significant revenue losses due to these smoke emergencies, and it adjusts federal budget rules to allow emergency appropriations for this assistance to bypass discretionary spending caps.
Proponents argue
Proponents argue that this legislation provides a critical and overdue federal tool to address the escalating public health and economic crisis caused by widespread wildfire smoke. They contend it will enable a more rapid, comprehensive, and tailored federal response to protect communities, support affected businesses, and mitigate the severe health impacts of poor air quality, which existing disaster frameworks may not fully cover.
Opponents contend
Opponents might raise concerns about the potential for expanding federal emergency declarations and the associated fiscal implications, particularly the provision allowing appropriations to bypass budget caps. They could argue that this approach may undermine fiscal discipline or that existing disaster relief mechanisms are sufficient, potentially leading to federal overreach or inefficient resource allocation.
The bill is very concise and can be read and understood quickly, allowing ample time for informed evaluation of its provisions.
Section 2(a)
Presidential Authority to Declare Smoke Emergency
This provision grants the President the authority to declare a 'smoke emergency' in any state where there is, or is anticipated to be, a significant decrease in air quality caused by wildland fire smoke. This declaration is based on the President's determination, establishing a new category for federal emergency response.
Supporters argue
Supporters argue this is a necessary and proactive step to address the increasing public health and economic impacts of wildfire smoke, providing a formal mechanism for federal intervention distinct from direct fire response.
Critics contend
Critics might express concern about the broad discretionary power given to the President in determining 'significant decrease in air quality,' suggesting it could be subjective and lead to inconsistent application.
Tradeoffs
This provision balances the need for rapid and decisive federal response to a growing environmental threat against concerns regarding the scope of executive authority and the criteria for triggering such a declaration.
Section 2(b)
State-Initiated Request for Smoke Emergency
This section allows the Governor, or another appropriate agency, of a state that is or will be affected by a significant decrease in air quality due to wildland fire smoke to formally request a smoke emergency declaration from the President. This ensures states have a direct mechanism to seek federal assistance.
Section 2(c)
Federal Emergency Assistance for Smoke Events
Upon a presidential declaration of a smoke emergency, this provision authorizes the President, acting through FEMA and other appropriate federal agencies, to provide various forms of assistance. This includes grants, equipment, supplies, personnel, and resources specifically for establishing smoke shelters, distributing air purifiers, and setting up additional air monitoring sites in affected states and local communities.
Section 2(d)
Small Business Administration Grants for Revenue Loss
This provision authorizes the Administrator of the Small Business Administration (SBA) to provide grants to small business concerns that experience a significant amount of revenue loss due to wildland fire smoke. These grants are available in areas where the President has declared a smoke emergency, offering economic relief to businesses impacted by poor air quality and related disruptions.
Section 3
Budget Adjustment for Smoke Emergency Assistance
This section amends the Balanced Budget and Emergency Deficit Control Act of 1985 to create a new category for budget adjustments. It specifies that appropriations designated by Congress for 'smoke emergency assistance' can be treated as emergency requirements, meaning they would not count against discretionary spending caps. This allows for funding of smoke emergencies without requiring cuts to other programs, and it clarifies that these funds cannot be double-counted under other emergency adjustments.
This section amends the Balanced Budget and Emergency Deficit Control Act of 1985 to allow appropriations for 'smoke emergency assistance' to be designated as emergency spending, thereby exempting them from discretionary spending caps. This means that funds appropriated for smoke emergencies would not require offsets from other federal programs.
Section 3
Why it matters:This is standard legislative practice for modifying existing statutes related to federal budgeting. The technical nature of budget law often necessitates such amendments. It is not necessarily evasive but requires a deeper understanding of legislative mechanics.
Case for: Supporters argue that this mechanism is crucial for ensuring that federal agencies can respond effectively to unpredictable and severe smoke emergencies without being constrained by annual budget limits, allowing for timely and adequate funding.
Case against: Opponents of such budget adjustments contend that they can weaken fiscal discipline by allowing spending outside of established limits, potentially contributing to increased national debt and undermining efforts to control federal expenditures.
Estimated impact: Potentially significant, as it creates a new avenue for uncapped federal spending for smoke emergencies. The total cost would depend on the frequency and severity of future smoke events and the appropriations subsequently made by Congress.