I 
118TH CONGRESS 
1ST SESSION H. R. 4219 
To establish the Southwestern Power Administration Fund, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 20, 2023 
Mr. GRAVES of Missouri introduced the following bill; which was referred to 
the Committee on Natural Resources, and in addition to the Committee 
on Appropriations, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To establish the Southwestern Power Administration Fund, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Southwestern Power 
Administration Fund Establishment Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the South-
western Power Administration. 
(2) FUND.—The term ‘‘Fund’’ means the 
Southwestern Power Administration Fund estab-
lished by section 3(a). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
SEC. 3. SOUTHWESTERN POWER ADMINISTRATION FUND. 
(a) ESTABLISHMENT
OF FUND.—There is estab-
lished in the Treasury of the United States a fund, to be 
known as the ‘‘Southwestern Power Administration 
Fund’’, consisting of— 
(1) all receipts, collections, and recoveries of the 
Southwestern Power Administration, including trust 
funds; 
(2) appropriations to the Fund; 
(3) amounts transferred to the Fund under 
subsection (b); and 
(4) amounts deposited in the Fund under the 
first proviso in the matter under the heading ‘‘OP-
ERATION
AND
MAINTENANCE, 
SOUTHWESTERN 
POWER
ADMINISTRATION’’ 
under 
the 
heading 
‘‘POWER MARKETING ADMINISTRATIONS’’ 
under the heading ‘‘DEPARTMENT OF EN-
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ERGY’’ in title III of the Energy and Water Devel-
opment Appropriations Act, 2005 (16 U.S.C. 825s– 
4). 
(b) TRANSFERS TO FUND.—There are transferred to 
the Fund— 
(1) unexpended balances in the continuing fund 
pursuant to the 11th paragraph under the heading 
‘‘OFFICE OF THE SECRETARY’’ in title I of the 
Act of October 12, 1949 (16 U.S.C. 825s–1); 
(2) unexpended balances in the advanced pay-
ment fund pursuant to the first proviso in the mat-
ter under the heading ‘‘OPERATION AND MAINTE-
NANCE, SOUTHWESTERN POWER ADMINISTRATION’’ 
under the heading ‘‘POWER MARKETING AD-
MINISTRATIONS’’ under the heading ‘‘Depart-
ment of Energy’’ in title III of the Energy and 
Water Development Appropriations Act, 2005 (16 
U.S.C. 825s–4); and 
(3) unexpended balances in the offsetting collec-
tions fund pursuant to the fourth and fifth provisos 
in the matter under the heading ‘‘OPERATION AND 
MAINTENANCE, SOUTHWESTERN POWER ADMINIS-
TRATION’’ under the heading ‘‘POWER MAR-
KETING ADMINISTRATIONS’’ under the head-
ing ‘‘DEPARTMENT OF ENERGY’’ in title III of 
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the Energy and Water Development and Related 
Agencies Appropriations Act, 2010 (16 U.S.C. 
825s–7) (as in effect on the day before the date of 
enactment of this Act). 
(c) AVAILABILITY.—Amounts in the Fund shall re-
main available until expended. 
(d) USE.—Amounts in the Fund shall be used by the 
Secretary, acting through the Administrator, for expenses 
necessary for— 
(1) operation and maintenance of power trans-
mission facilities; 
(2) marketing electric power and energy; 
(3) construction and acquisition of transmission 
lines, substations, and appurtenant facilities; and 
(4) administrative expenses in carrying out the 
duties of the Secretary under— 
(A) section 5 of the Act of December 22, 
1944 (commonly known as the ‘‘Flood Control 
Act of 1944’’) (16 U.S.C. 825s); and 
(B) section 1232 of the Energy Policy Act 
of 2005 (42 U.S.C. 16431). 
(e) OBLIGATIONS.—The Secretary, acting through 
the Administrator, may incur obligations for authorized 
purposes in advance of appropriations to be liquidated by 
the Fund. 
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(f) EXCESS FUNDS.—Annually, the Secretary, acting 
through the Administrator, shall transfer excess amounts 
in the Fund to the Treasury of the United States as mis-
cellaneous receipts. 
(g) APPLICABLE LAW.—The provisions of chapter 91 
of title 31, United States Code, shall apply to the Adminis-
trator in carrying out this section in the same manner as 
the provisions apply to a wholly owned Government cor-
poration (as defined in section 9101 of that title). 
(h) CONFORMING AMENDMENTS.— 
(1) The proviso in the matter under the head-
ing ‘‘OPERATION
AND
MAINTENANCE, SOUTH-
WESTERN
POWER
ADMINISTRATION’’ under the 
heading ‘‘POWER MARKETING ADMINISTRA-
TIONS’’ under the heading ‘‘Department of En-
ergy’’ in title III of the Energy and Water Develop-
ment Appropriations Act, 2005 (16 U.S.C. 825s–4), 
is amended— 
(A) by striking ‘‘in fiscal year 2005’’ and 
inserting ‘‘on the date of enactment of the 
Southwestern Power Administration Fund Es-
tablishment Act’’; and 
(B) by striking ‘‘credited to this account’’ 
and inserting ‘‘deposited in the Southwestern 
Power Administration Fund established by sec-
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tion 3(a) of the Southwestern Power Adminis-
tration Fund Establishment Act’’. 
(2) The fourth and fifth provisos in the matter 
under the heading ‘‘OPERATION AND MAINTENANCE, 
SOUTHWESTERN POWER ADMINISTRATION’’ under 
the heading ‘‘POWER MARKETING ADMINIS-
TRATIONS’’ under the heading ‘‘Department of 
Energy’’ in title III of the Energy and Water Devel-
opment and Related Agencies Appropriations Act, 
2010 (16 U.S.C. 825s–7), are repealed. 
Æ 
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