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 Natural Resources 

A BILL 

To establish the Southwestern Power Administration Fund, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Southwestern Power 

5 Administration Fund Establishment Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) ADMINISTRATOR.—The term ‘‘Adminis9 trator’’ means the Administrator of the South10 western Power Administration. 


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1 (2) FUND.—The term ‘‘Fund’’ means the 

2 Southwestern Power Administration Fund estab3 lished by section 3(a). 

4 (3) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Energy. 

6 SEC. 3. SOUTHWESTERN POWER ADMINISTRATION FUND. 

7 (a) ESTABLISHMENT OF FUND.—There is estab8 lished in the Treasury of the United States a fund, to be 

9 known as the ‘‘Southwestern Power Administration 

10 Fund’’, consisting of— 

11 (1) all receipts, collections, and recoveries of the 

12 Southwestern Power Administration, including trust 

13 funds; 

14 (2) appropriations to the Fund; 

15 (3) amounts transferred to the Fund under 

16 subsection (b); and 

17 (4) amounts deposited in the Fund under the 

18 first proviso in the matter under the heading ‘‘OP19 ERATION AND MAINTENANCE, SOUTHWESTERN

20 POWER ADMINISTRATION’’ under the heading 

21 ‘‘POWER MARKETING ADMINISTRATIONS’’ 

22 under the heading ‘‘DEPARTMENT OF EN23 ERGY’’ in title III of the Energy and Water Devel24 opment Appropriations Act, 2005 (16 U.S.C. 825s– 

25 4). 


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1 (b) TRANSFERS TO FUND.—There are transferred to 

2 the Fund— 

3 (1) unexpended balances in the continuing fund 

4 pursuant to the 11th paragraph under the heading 

5 ‘‘OFFICE OF THE SECRETARY’’ in title I of the 

6 Act of October 12, 1949 (16 U.S.C. 825s–1); 

7 (2) unexpended balances in the advanced pay8 ment fund pursuant to the first proviso in the mat9 ter under the heading ‘‘OPERATION AND MAINTE10 NANCE, SOUTHWESTERN POWER ADMINISTRATION’’ 

11 under the heading ‘‘POWER MARKETING AD12 MINISTRATIONS’’ under the heading ‘‘Depart13 ment of Energy’’ in title III of the Energy and 

14 Water Development Appropriations Act, 2005 (16 

15 U.S.C. 825s–4); and 

16 (3) unexpended balances in the offsetting collec17 tions fund pursuant to the fourth and fifth provisos 

18 in the matter under the heading ‘‘OPERATION AND

19 MAINTENANCE, SOUTHWESTERN POWER ADMINIS20 TRATION’’ under the heading ‘‘POWER MAR21 KETING ADMINISTRATIONS’’ under the head22 ing ‘‘DEPARTMENT OF ENERGY’’ in title III of 

23 the Energy and Water Development and Related 

24 Agencies Appropriations Act, 2010 (16 U.S.C. 


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1 825s–7) (as in effect on the day before the date of 

2 enactment of this Act). 

3 (c) AVAILABILITY.—Amounts in the Fund shall re4 main available until expended. 

5 (d) USE.—Amounts in the Fund shall be used by the 

6 Secretary, acting through the Administrator, for expenses 

7 necessary for— 

8 (1) operation and maintenance of power trans9 mission facilities; 

10 (2) marketing electric power and energy; 

11 (3) construction and acquisition of transmission 

12 lines, substations, and appurtenant facilities; and 

13 (4) administrative expenses in carrying out the 

14 duties of the Secretary under— 

15 (A) section 5 of the Act of December 22, 

16 1944 (commonly known as the ‘‘Flood Control 

17 Act of 1944’’) (16 U.S.C. 825s); and 

18 (B) section 1232 of the Energy Policy Act 

19 of 2005 (42 U.S.C. 16431). 

20 (e) OBLIGATIONS.—The Secretary, acting through 

21 the Administrator, may incur obligations for authorized 

22 purposes in advance of appropriations to be liquidated by 

23 the Fund. 

24 (f) EXCESS FUNDS.—Annually, the Secretary, acting 

25 through the Administrator, shall transfer excess amounts 


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1 in the Fund to the Treasury of the United States as mis2 cellaneous receipts. 

3 (g) APPLICABLE LAW.—The provisions of chapter 91 

4 of title 31, United States Code, shall apply to the Adminis5 trator in carrying out this section in the same manner as 

6 the provisions apply to a wholly owned Government cor7 poration (as defined in section 9101 of that title). 

8 (h) CONFORMING AMENDMENTS.— 

9 (1) The proviso in the matter under the head10 ing ‘‘OPERATION AND MAINTENANCE, SOUTH11 WESTERN POWER ADMINISTRATION’’ under the 

12 heading ‘‘POWER MARKETING ADMINISTRA13 TIONS’’ under the heading ‘‘Department of En14 ergy’’ in title III of the Energy and Water Develop15 ment Appropriations Act, 2005 (16 U.S.C. 825s–4), 

16 is amended— 

17 (A) by striking ‘‘in fiscal year 2005’’ and 

18 inserting ‘‘on the date of enactment of the 

19 Southwestern Power Administration Fund Es20 tablishment Act’’; and 

21 (B) by striking ‘‘credited to this account’’ 

22 and inserting ‘‘deposited in the Southwestern 

23 Power Administration Fund established by sec24 tion 3(a) of the Southwestern Power Adminis25 tration Fund Establishment Act’’. 


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1 (2) The fourth and fifth provisos in the matter 

2 under the heading ‘‘OPERATION AND MAINTENANCE, 

3 SOUTHWESTERN POWER ADMINISTRATION’’ under 

4 the heading ‘‘POWER MARKETING ADMINIS5 TRATIONS’’ under the heading ‘‘Department of 

6 Energy’’ in title III of the Energy and Water Devel7 opment and Related Agencies Appropriations Act, 

8 2010 (16 U.S.C. 825s–7), are repealed. 

Æ 


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