[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2163 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2163

To establish an emergency watershed protection disaster assistance fund 
 to be available to the Secretary of Agriculture to provide assistance 
                       for any natural disaster.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 26, 2014

   Mr. Udall of Colorado (for himself and Mr. Bennet) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
To establish an emergency watershed protection disaster assistance fund 
 to be available to the Secretary of Agriculture to provide assistance 
                       for any natural disaster.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EMERGENCY WATERSHED PROTECTION DISASTER ASSISTANCE FUND.

    (a) Definitions.--In this section:
            (1) Emergency watershed protection program.--The term 
        ``emergency watershed protection program'' means the emergency 
        watershed protection program established under section 403 of 
        the Agricultural Credit Act of 1978 (16 U.S.C. 2203).
            (2) Fund.--The term ``Fund'' means the Emergency Watershed 
        Protection Disaster Assistance Fund established by subsection 
        (b).
            (3) Natural disaster.--The term ``natural disaster'' 
        means--
                    (A) a natural disaster declared by the Secretary 
                under section 321(a) of the Consolidated Farm and Rural 
                Development Act (7 U.S.C. 1961(a)); or
                    (B) a major disaster or emergency designated by the 
                President under the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
    (b) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Emergency Watershed 
Protection Disaster Assistance Fund'', to be administered by the 
Secretary to carry out activities under the emergency watershed 
protection program.
    (c) Purpose and Availability of Fund.--
            (1) In general.--Subject to subsection (d), amounts in the 
        Fund shall be available to the Secretary, until expended, to 
        provide additional amounts for authorized activities described 
        in subsection (b) in areas affected by a natural disaster.
            (2) Maintenance of funding.--Amounts in the Fund shall 
        supplement (and not supplant) other Federal funding for natural 
        disasters.
    (d) Directly Appropriated Amounts.--Amounts appropriated directly 
to the Fund by this Act or any subsequent Act for a specific purpose 
shall be available only for that purpose until such time as the 
transfer authority provided by subsection (f) takes effect with regard 
to the amounts.
    (e) Transfer of Prior Appropriations to Fund.--
            (1) In general.--The Secretary may transfer to the Fund, 
        and merge with other amounts generally appropriated to the 
        Fund, the available unobligated balance of any amounts 
        described in paragraph (2) if, in advance of the transfer, the 
        Secretary--
                    (A) determines that the unobligated amounts are no 
                longer needed to respond to the natural disaster for 
                which the amounts were originally appropriated; and
                    (B) provides a certification of that determination 
                to the Committees on Appropriations of the House of 
                Representatives and the Senate.
            (2) Amounts.--
                    (A) In general.--Amounts described in this 
                paragraph are amounts for the emergency watershed 
                protection program that--
                            (i) except in the case of funds described 
                        in subparagraph (B), remain unobligated as of 
                        the date of enactment of this Act; or
                            (ii)(I) are made available under the 
                        Disaster Relief Appropriations Act, 2013 
                        (division A of Public Law 113-2; 127 Stat. 4); 
                        and
                            (II) are not necessary to fulfill any 
                        eligible request for the funds made in 
                        accordance with that Act.
                    (B) Emergency designations.--
                            (i) Emergency designation for statutory 
                        paygo.--This subsection is designated as an 
                        emergency requirement pursuant to section 4(g) 
                        of the Statutory Pay-As-You-Go Act of 2010 
                        (Public Law 111-139; 2 U.S.C. 933(g)).
                            (ii) Emergency designation for 
                        congressional enforcement.--In the Senate, this 
                        subsection is designated as an emergency 
                        requirement pursuant to sections 403(a) and 
                        423(b) of S. Con. Res. 13 (111th Congress), the 
                        concurrent resolution on the budget for fiscal 
                        year 2010.
            (3) Certain funds.--
                    (A) Preliminary deposit.--Not later than 30 days 
                after the date of enactment of this Act, the Secretary 
                shall transfer to the Fund all amounts described in 
                paragraph (2)(A)(ii) that are in excess of amounts 
                requested in applications received by the Secretary on 
                or before April 18, 2014, in accordance with the 
                Disaster Relief Appropriations Act, 2013 (division A of 
                Public Law 113-2; 127 Stat. 4).
                    (B) Final deposit.--As soon as practicable after 
                the Secretary has made final determinations on all 
                applications described in subparagraph (A), the 
                Secretary shall transfer to the Fund all remaining 
                unobligated amounts described in paragraph (2)(A)(ii).
    (f) Transfer of Other Appropriations to Fund.--
            (1) In general.--Unless otherwise specifically provided in 
        an appropriations Act, the Secretary may transfer to or within 
        the Fund, and merge with other amounts generally appropriated 
        to the Fund, the available unobligated balance of any amounts 
        that are appropriated for fiscal year 2014 or any subsequent 
        fiscal year for the emergency watershed protection program to 
        respond to a natural disaster or are designated by the Congress 
        as an emergency requirement if, in advance of the transfer, the 
        Secretary--
                    (A) determines that the unobligated amounts are no 
                longer needed to respond to the natural disaster for 
                which the amounts were originally appropriated; and
                    (B) provides a certification of that determination 
                to the Committees on Appropriations of the House of 
                Representatives and the Senate.
            (2) Timing.--A transfer of unobligated amounts with respect 
        to a natural disaster may not be made under this subsection 
        until after the end of the 2-year period beginning on the date 
        on which the amounts were originally appropriated for that 
        natural disaster.
    (g) Availability of Funds.--Amounts transferred into the Fund under 
this section shall be available to the Secretary for obligation without 
further appropriation.
    (h) Administrative Expenses.--In addition to any other funds 
available to the Secretary to cover administrative costs, the Secretary 
may use up to 3 percent of the amounts allocated from the Fund for a 
specific natural disaster to cover administrative costs of the State 
and local offices of the Department of Agriculture in the areas 
affected by the natural disaster to carry out disaster-related 
activities.
    (i) Limitation on Per Disaster Obligations.--
            (1) In general.--Amounts in the Fund, except for amounts 
        described in subsection (d) that are appropriated to the Fund 
        and obligated in accordance with that subsection, may not be 
        obligated in excess of $1,000,000 for a natural disaster until 
        at least 15 days after the date on which the Secretary notifies 
        the Committees on Appropriations of the House of 
        Representatives and the Senate of the determination of the 
        Secretary to obligate additional amounts and the reasons for 
        the determination.
            (2) Specific and extreme need.--The Secretary may not 
        obligate more than 50 percent of the amounts in the Fund for 
        any 1 natural disaster unless the Secretary declares that there 
        is a specific and extreme need for additional funds to be 
        provided in response to that natural disaster at time of the 
        obligation.
    (j) Quarterly Reports.--The Secretary shall submit, on a quarterly 
basis, to the Committees on Appropriations of the House of 
Representatives and the Senate a report describing the status of the 
Fund and any transactions that have affected the Fund since the 
previous report.
                                 <all>