[Senate Report 117-263]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 654
117th Congress   }                                       {      Report
                                 SENATE
 2d Session      }                                       {     117-263
_______________________________________________________________________

                                     



                    FIRE SUPPRESSION IMPROVEMENT ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 4328

             TO MODIFY THE FIRE MANAGEMENT ASSISTANCE COST
                     SHARE, AND FOR OTHER PURPOSES








[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]








               December 15, 2022.--Ordered to be printed  
                             _________
                              
                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
39-010                   WASHINGTON : 2023
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
         Christopher J. Mulkins, Director of Homeland Security
           Naveed Jazayeri, Senior Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
       Clyde E. Hicks Jr., Minority Director of Homeland Security
                     Laura W. Kilbride, Chief Clerk


















                                                      Calendar No. 654
117th Congress   }                                       {      Report
                                 SENATE
 2d Session      }                                       {     117-263

======================================================================



 
                    FIRE SUPPRESSION IMPROVEMENT ACT

                                _______
                                

               December 15, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 4328]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 4328) to modify the 
fire management assistance cost share, and for other purposes, 
having considered the same, reports favorably thereon with 
amendments and recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                     Page
  I. Purpose and Summary..............................................  1
 II. Background and Need for the Legislation..........................  1
III. Legislative History..............................................  2
 IV. Section-by-Section Analysis of the Bill, as Reported.............  2
  V. Evaluation of Regulatory Impact..................................  3
 VI. Changes in Existing Law Made by the Bill, as Reported............  3

                         I. Purpose and Summary

    S. 4328, the Fire Suppression Improvement Act, sets the 
federal cost share of the Fire Management Assistance Grant 
(FMAG) Program at not less than 75% of the eligible cost of 
such assistance. Additionally, the bill requires the Federal 
Emergency Management Agency (FEMA) to complete a rulemaking to 
provide criteria for the circumstances under which it may 
recommend that the President increase the federal cost share.

              II. Background and Need for the Legislation

    Wildfires remain a persistent threat in the United States. 
From 2012 to 2021, there were an average of 61,289 wildfires 
annually, impacting an average of 7.4 million acres in the 
country.\1\ Of the nearly 6,000 structures burned in 2021, 60% 
were residences.\2\ A state experiencing a wildfire is able to 
request assistance from FEMA for fires beginning on state or 
private lands. The most frequent assistance FEMA provides for 
fires is through the FMAG program. An FMAG declaration 
authorizes different forms of federal assistance to support 
fire suppression activities such as equipment, personnel, 
emergency work, and personal comfort and safety items for 
firefighter health and safety for fires that threaten to become 
major disasters. The support provided through FMAGs is to aid 
state and local responders in containing fires before they 
cause significant harm to communities. The grants under this 
program are currently reimbursed at 75% of eligible suppression 
costs for eligible fires.\3\
---------------------------------------------------------------------------
    \1\Congressional Research Service, Federal Assistance for Wildfire 
Response and Recovery (IF10732) (May 2, 2022).
    \2\Id.
    \3\Id.
---------------------------------------------------------------------------
    This legislation sets the federal cost share of the FMAG 
program at no less than 75%, allowing the federal government to 
raise the federal share to more than 75%, in alignment with 
other FEMA disaster assistance program cost shares, possibly 
reducing the financial burden that communities face in the wake 
of worsening wildfires.

                        III. Legislative History

    S. 4328 was introduced on May 26, 2022 by Senators Padilla 
(D-CA), Lujan (D-NM), Feinstein (D-CA), Heinrich (D NM) and 
Murray (D-WA). The bill was referred to the Senate Committee on 
Homeland Security and Governmental Affairs. Senators Sullivan 
(R-AK) and Rosen (D-NV) later joined as cosponsors.
    The Committee considered S. 4328 at a business meeting on 
September 28, 2022. During the meeting, Senator Padilla offered 
an amendment striking language that would have allowed state or 
local governments to use FMAGs for the pre-deployment of assets 
and resources. The Committee adopted Padilla Amendment 1 and 
reported the bill favorably by voice vote en bloc, as amended. 
The Senators present for the vote were Peters, Carper, Hassan, 
Sinema, Rosen, Padilla, Ossoff, Portman, Johnson, Lankford, 
Romney, Scott, and Hawley.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section designates the name of the bill as the ``Fire 
Suppression Improvement Act.''

Section 2. Fire management assistance cost share

    This section provides that the Federal cost share of the 
FMAG program cannot be less than 75% of the eligible cost of 
assistance. Additionally, this section states that the 75% cost 
share only applies to amounts appropriated on or after 
enactment.

Section 3. Rulemaking

    This section requires the FEMA Administrator to complete a 
rulemaking to provide criteria for the circumstances under 
which it may recommend that the President increase the federal 
cost share above 75%.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

       VI. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows: (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

ROBERT T. STAFFORD DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT

           *       *       *       *       *       *       *


SEC. 420. FIRE MANAGEMENT ASSISTANCE.

    (a) * * *
    (b) * * *
    (c) * * *
    (d) * * *
    (e) Federal Share.--The Federal share of assistance under 
this section shall be not less than 75 percent of the eligible 
cost of such assistance.
    [(e)] (f) Rules and Regulations.--The President shall 
prescribe such rules and regulations as are necessary to carry 
out this section.

           *       *       *       *       *       *       *


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