Southwestern Power Administration Fund Establishment Act

II 118TH CONGRESS 1ST SESSION S. 1324 To establish the Southwestern Power Administration Fund, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 26, 2023 Mr. MORAN (for himself and Mr. MARSHALL) introduced the following bill; which was read twice and referred to the Committee on Energy and Nat- ural Resources A BILL To establish the Southwestern Power Administration Fund, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Southwestern Power 4 Administration Fund Establishment Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) ADMINISTRATOR.—The term ‘‘Adminis- 8 trator’’ means the Administrator of the South- 9 western Power Administration. 10 VerDate Sep 11 2014 05:55 May 03, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1324.IS S1324 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1324 IS (2) FUND.—The term ‘‘Fund’’ means the 1 Southwestern Power Administration Fund estab- 2 lished by section 3(a). 3 (3) SECRETARY.—The term ‘‘Secretary’’ means 4 the Secretary of Energy. 5 SEC. 3. SOUTHWESTERN POWER ADMINISTRATION FUND. 6 (a) ESTABLISHMENT OF FUND.—There is estab- 7 lished in the Treasury of the United States a fund, to be 8 known as the ‘‘Southwestern Power Administration 9 Fund’’, consisting of— 10 (1) all receipts, collections, and recoveries of the 11 Southwestern Power Administration, including trust 12 funds; 13 (2) appropriations to the Fund; 14 (3) amounts transferred to the Fund under 15 subsection (b); and 16 (4) amounts deposited in the Fund under the 17 first proviso in the matter under the heading ‘‘OP- 18 ERATION AND MAINTENANCE, SOUTHWESTERN 19 POWER ADMINISTRATION’’ under the heading 20 ‘‘POWER MARKETING ADMINISTRATIONS’’ 21 under the heading ‘‘DEPARTMENT OF EN- 22 ERGY’’ in title III of the Energy and Water Devel- 23 opment Appropriations Act, 2005 (16 U.S.C. 825s– 24 4). 25 VerDate Sep 11 2014 05:55 May 03, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1324.IS S1324 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1324 IS (b) TRANSFERS TO FUND.—There are transferred to 1 the Fund— 2 (1) unexpended balances in the continuing fund 3 pursuant to the 11th paragraph under the heading 4 ‘‘OFFICE OF THE SECRETARY’’ in title I of the 5 Act of October 12, 1949 (16 U.S.C. 825s–1); 6 (2) unexpended balances in the advanced pay- 7 ment fund pursuant to the first proviso in the mat- 8 ter under the heading ‘‘OPERATION AND MAINTE- 9 NANCE, SOUTHWESTERN POWER ADMINISTRATION’’ 10 under the heading ‘‘POWER MARKETING AD- 11 MINISTRATIONS’’ under the heading ‘‘Depart- 12 ment of Energy’’ in title III of the Energy and 13 Water Development Appropriations Act, 2005 (16 14 U.S.C. 825s–4); and 15 (3) unexpended balances in the offsetting collec- 16 tions fund pursuant to the fourth and fifth provisos 17 in the matter under the heading ‘‘OPERATION AND 18 MAINTENANCE, SOUTHWESTERN POWER ADMINIS- 19 TRATION’’ under the heading ‘‘POWER MAR- 20 KETING ADMINISTRATIONS’’ under the head- 21 ing ‘‘DEPARTMENT OF ENERGY’’ in title III of 22 the Energy and Water Development and Related 23 Agencies Appropriations Act, 2010 (16 U.S.C. 24 VerDate Sep 11 2014 05:55 May 03, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1324.IS S1324 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1324 IS 825s–7) (as in effect on the day before the date of 1 enactment of this Act). 2 (c) AVAILABILITY.—Amounts in the Fund shall re- 3 main available until expended. 4 (d) USE.—Amounts in the Fund shall be used by the 5 Secretary, acting through the Administrator, for expenses 6 necessary for— 7 (1) operation and maintenance of power trans- 8 mission facilities; 9 (2) marketing electric power and energy; 10 (3) construction and acquisition of transmission 11 lines, substations, and appurtenant facilities; and 12 (4) administrative expenses in carrying out the 13 duties of the Secretary under— 14 (A) section 5 of the Act of December 22, 15 1944 (commonly known as the ‘‘Flood Control 16 Act of 1944’’) (16 U.S.C. 825s); and 17 (B) section 1232 of the Energy Policy Act 18 of 2005 (42 U.S.C. 16431). 19 (e) OBLIGATIONS.—The Secretary, acting through 20 the Administrator, may incur obligations for authorized 21 purposes in advance of appropriations to be liquidated by 22 the Fund. 23 (f) EXCESS FUNDS.—Annually, the Secretary, acting 24 through the Administrator, shall transfer excess amounts 25 VerDate Sep 11 2014 05:55 May 03, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1324.IS S1324 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1324 IS in the Fund to the Treasury of the United States as mis- 1 cellaneous receipts. 2 (g) APPLICABLE LAW.—The provisions of chapter 91 3 of title 31, United States Code, shall apply to the Adminis- 4 trator in carrying out this section in the same manner as 5 the provisions apply to a wholly owned Government cor- 6 poration (as defined in section 9101 of that title). 7 (h) CONFORMING AMENDMENTS.— 8 (1) The proviso in the matter under the head- 9 ing ‘‘OPERATION AND MAINTENANCE, SOUTH- 10 WESTERN POWER ADMINISTRATION’’ under the 11 heading ‘‘POWER MARKETING ADMINISTRA- 12 TIONS’’ under the heading ‘‘Department of En- 13 ergy’’ in title III of the Energy and Water Develop- 14 ment Appropriations Act, 2005 (16 U.S.C. 825s–4), 15 is amended— 16 (A) by striking ‘‘in fiscal year 2005’’ and 17 inserting ‘‘on the date of enactment of the 18 Southwestern Power Administration Fund Es- 19 tablishment Act’’; and 20 (B) by striking ‘‘credited to this account’’ 21 and inserting ‘‘deposited in the Southwestern 22 Power Administration Fund established by sec- 23 tion 3(a) of the Southwestern Power Adminis- 24 tration Fund Establishment Act’’. 25 VerDate Sep 11 2014 05:55 May 03, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1324.IS S1324 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1324 IS (2) The fourth and fifth provisos in the matter 1 under the heading ‘‘OPERATION AND MAINTENANCE, 2 SOUTHWESTERN POWER ADMINISTRATION’’ under 3 the heading ‘‘POWER MARKETING ADMINIS- 4 TRATIONS’’ under the heading ‘‘Department of 5 Energy’’ in title III of the Energy and Water Devel- 6 opment and Related Agencies Appropriations Act, 7 2010 (16 U.S.C. 825s–7), are repealed. 8 Æ VerDate Sep 11 2014 05:55 May 03, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S1324.IS S1324 kjohnson on DSK79L0C42PROD with BILLS