[Senate Report 118-30]
[From the U.S. Government Publishing Office]


                                                    Calendar No. 74

118th Congress}                                           { Report
                                 SENATE
 1st Session  }                                           { 118-30

======================================================================
                      FIRE SUPPRESSION AND RESPONSE 
                          FUNDING ASSURANCE ACT

                               __________

                              R E P O R T

                                 OF THE

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              TO ACCOMPANY

                                 S. 479

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

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                  May 16, 2023.--Ordered to be printed
                  
                               __________

                                
                    U.S. GOVERNMENT PUBLISHING OFFICE                    
                          WASHINGTON : 2023                    
          
-----------------------------------------------------------------------------------    
               
                  
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

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

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
         Christopher J. Mulkins, Director of Homeland Security
           Naveed Jazayeri, Senior Professional Staff Member
           William E. Henderson III, Minority Staff Director
              Christina N. Salazar, Minority Chief Counsel
                  Andrew J. Hopkins, Minority Counsel
                     Laura W. Kilbride, Chief Clerk
                     
                     
                                                   Calendar No. 74

118th Congress}                                           { Report
                                 SENATE
 1st Session  }                                           { 118-30

======================================================================                     
 
                    FIRE SUPPRESSION AND RESPONSE 
                        FUNDING ASSURANCE ACT

                                _______
                                

                  May 16, 2023.--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. 479]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 479) 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..........................2
III. Legislative History..............................................2
 IV. Section-by-Section Analysis of the Bill, as Reported.............3
  V. Evaluation of Regulatory Impact..................................3
 VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............7

                         I. Purpose and Summary

    S. 479, the Fire Suppression and Response Funding Assurance 
Act, would set the federal cost share of the Fire Management 
Assistance Grant (FMAG) program at no less than 75% of the 
eligible cost of such assistance and would permit a state or 
local government to use such assistance for the pre-deployment 
of assets and resources. Additionally, the bill would require 
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. The bill also incorporates technical drafting 
assistance from FEMA.\1\
---------------------------------------------------------------------------
    \1\On September 28, 2022, the Committee approved S. 4328, the Fire 
Suppression Improvement Act, with an amendment. That bill is 
substantially similar to S. 479. Accordingly, this committee report is, 
in many respects, similar to the committee report for S. 4328. See S. 
Rept. 117-263.
---------------------------------------------------------------------------

              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 across the 
nation. Of the nearly 6,000 structures burned in 2021, 60% were 
residences. A state experiencing a wildfire can 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 
various forms of federal assistance to support fire suppression 
activities for fires that threaten to become major disasters, 
such as equipment, personnel, emergency work, and items for 
firefighter health and safety. The support provided through 
FMAGs aids 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.\2\
---------------------------------------------------------------------------
    \2\Congressional Research Service, Federal Assistance for Wildfire 
Response and Recovery (IF10732) (May 2, 2022).
---------------------------------------------------------------------------
    This legislation sets the federal cost share of the FMAG 
program at not 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,\3\ possibly 
reducing the financial burden that communities face in the wake 
of worsening wildfires.
---------------------------------------------------------------------------
    \3\Id.
---------------------------------------------------------------------------

                        III. Legislative History

    Senator Alex Padilla (D-CA) introduced S. 479 on February 
16, 2023, with original cosponsor Senator Dan Sullivan (R-AK). 
The bill was referred to the Committee on Homeland Security and 
Governmental Affairs. Senator Dianne Feinstein (D-CA) joined as 
an additional cosponsor on March 22, 2023, and Senators Jacky 
Rosen (D-NV) and Ben Ray Lujan (D-NM) joined as additional 
cosponsors on March 28, 2023.
    The Committee considered S. 479 at a business meeting on 
March 29, 2023. At the business meeting, Senator Padilla 
offered an amendment to the bill that incorporated technical 
drafting assistance from FEMA regarding the pre-deployment of 
assets. The Committee adopted the amendment by voice vote, with 
Senators Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, 
Blumenthal, Paul, Lankford, Romney, Scott, and Hawley present. 
Senator Paul offered an amendment to the Padilla amendment that 
would have added a two-year sunset to the bill and required the 
Government Accountability Office to publish a report within 18 
months of enactment on the effectiveness of the bill. The 
Committee did not adopt the Paul amendment, by voice vote, with 
Senators Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, 
Blumenthal, Paul, Lankford, Romney, Scott, and Hawley present. 
The bill, as amended by the Padilla amendment, was ordered 
reported favorably by roll call vote of 11 yeas to 1 nay, with 
Senators Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, 
Blumenthal, Lankford, Romney, Scott, and Hawley voting in the 
affirmative, and with Senator Paul voting in the negative. 
Senators Carper, Johnson, and Marshall voted yea by proxy, for 
the record only.

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


Section 1. Short title

    This section establishes the short title of the bill as the 
``Fire Suppression and Response Funding Assurance 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%.

Section 4. Policy update

    This section directs the FEMA Administrator to update FMAG 
policy so that state, local, and tribal governments may use 
such assistance for the pre-deployment of assets and resources, 
consistent with the treatment of pre-deployment assistance 
under emergency or major disaster declarations.

                   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. Congressional Budget Office Cost Estimate

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    The bill would:
           Authorize the Federal Emergency Management 
        Agency (FEMA) to cover up to 100 percent of total costs 
        when providing fire management assistance grants to 
        state and local governments
    Estimated budgetary effects would mainly stem from:
           Increasing the share of costs that the 
        federal government would cover for fire management 
        assistance grants
    Areas of significant uncertainty include:
           Estimating the total amount of assistance 
        that FEMA and state and local governments will provide 
        for fire management assistance grants
           Estimating how often FEMA would choose to 
        increase the federal share of costs, and what 
        percentage of costs the agency would cover
    Bill summary: S. 479 would authorize the Federal Emergency 
Management Agency (FEMA) to use funds appropriated for disaster 
relief to increase the federal cost share from the current 75 
percent up to 100 percent for fire management assistance 
grants, at the agency's discretion. Under the bill, FEMA also 
would be required to promulgate a rule establishing guidelines 
and thresholds for cases in which the federal cost share for 
such grants may be increased.
    Estimated Federal cost: The estimated budgetary effect of 
S. 479 is shown in Table 1. The costs of the legislation fall 
within budget function 450 (community and regional 
development).

                                                     TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 479
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                By fiscal year, millions of dollars--
                                           -------------------------------------------------------------------------------------------------------------
                                             2023    2024    2025    2026    2027    2028    2029    2030    2031    2032    2033   2023-2028  2023-2033
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Increases in Spending Subject to Appropriation
 
Estimated Authorization...................       0       3       5       5       6       6       6       6       6       7       7        25         57
Estimated Outlays.........................       0       3       5       5       5       6       6       6       6       6       7        24         55
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted late in fiscal year 2023 and that FEMA 
would begin providing additional assistance in 2024. CBO's 
estimate of outlays in each year is based on historical 
patterns of spending under the fire management assistance grant 
program.
    Spending subject to appropriation: CBO estimates that S. 
479 would authorize the appropriation of $57 million over the 
2024-2033 period and implementing it would cost $55 million 
over the same period, assuming appropriation of the estimated 
amounts.
    Additional cost share: Under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, FEMA awards fire 
management assistance grants to state and local governments to 
control fires when the President has declared that an 
uncontrolled fire would constitute a major disaster. Under 
current law, the federal cost share covers 75 percent of 
eligible expenses and state, local, and tribal governments are 
responsible for the remaining 25 percent. Over the 2018-2022 
period, FEMA obligated a total of nearly $1.1 billion for those 
grants; states paid an additional $350 million--or 25 percent 
of total costs.
    The President declared more than 125 major disasters in 
fiscal years 2019 and 2020. Under current law, FEMA has the 
discretion to increase the federal cost share under the Public 
Assistance Program to greater than 75 percent if the agency 
determines that the effects of a disaster are sufficiently 
severe--typically, if per capita damages in a jurisdiction 
exceed specified levels. Among those 125 declarations, FEMA 
covered 90 percent of costs for 7percent of declarations and 
covered 100 percent of costs for 4 percent of declarations; 
FEMA paid 75 percent of costs for the remaining 89 percent of 
those declarations.\1\ Using information from FEMA and in 
keeping with the agency's response to the broader set of recent 
disasters, CBO expects that the agency would cover a similar 
percentage of costs for fire management assistance grants under 
the bill.
---------------------------------------------------------------------------
    \1\The federal government paid 100 percent of costs for an 
additional 59 disaster declarations made for the coronavirus pandemic. 
Because of the unusual nature of the pandemic, for the purposes of this 
estimate, CBO excluded those declarations when projecting how often 
FEMA would increase cost shares for fire management assistance grants.
---------------------------------------------------------------------------
    Under current law, CBO estimates that federal and state 
spending on fire management assistance grants will total about 
$3.1 billion over the 2023-2033 period, of which FEMA will pay 
$2.3 billion. Under the expectation that FEMA would increase 
its share of costs from 75 percent to 90 percent or to 100 
percent at the same frequency as prior disasters, CBO estimates 
that FEMA's costs would increase by $3 million in 2024, with 
that cost rising to $7 million in 2033. Assuming appropriation 
of the estimated amounts, CBO estimates that implementing the 
bill would increase spending by $55 million over the 2023-2033 
period.
    Required rulemaking: S. 479 would require FEMA to complete 
a rulemaking to establish the criteria and thresholds--such as 
per capita damages in a jurisdiction--under which the agency 
would recommend that a higher federal share be provided. Under 
current law, FEMA principally uses per capita damage 
indicators, tailored to each state or local jurisdiction, to 
determine whether to increase cost shares. CBO expects that 
FEMA would complete that rulemaking in early 2024 and that 
related administrative costs would total less than $500,000; 
any spending would be subject to the availability of 
appropriated funds.
    Uncertainty: This estimate is subject to considerable 
uncertainty. Because S. 479 would increase how much the federal 
government could pay for disasters, the cost of the legislation 
would principally depend upon how much FEMA allocates in 
response to qualifying fire disasters. CBO's estimate of the 
bill's costs is informed by historical data about spending 
under the fire management assistance grant program and FEMA's 
actions in other types of disasters, but the ultimate amounts 
that FEMA will cover are difficult to predict. Those costs will 
be determined by the frequency and severity of future fires, as 
well as by decisions made by the agency about how much 
assistance to provide. Based on the needs of recipient 
communities in the future, if FEMA decided to increase or 
decrease the amounts allocated to the program--or the 
proportion of costs the federal government covers--spending 
under S. 479 would, in turn, be higher or lower than CBO 
estimates.
    Pay-As-You-Go considerations: None.
    Increase in long-term net direct spending and deficits: 
None.
    Mandates: None.
    Estimate prepared by: Federal costs: Jon Sperl; Mandates: 
Rachel Austin.
    Estimate reviewed by: Justin Humphrey, Chief, Finance, 
Housing, and Education Cost Estimates Unit; Kathleen 
FitzGerald, Chief, Public and Private Mandates Unit; H. Samuel 
Papenfuss, Deputy Director of Budget Analysis.
    Estimate approved by: Phillip L. Swagel, Director, 
Congressional Budget Office.

       VII. 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.

           *       *       *       *       *       *       *


                                  [all]