II 118th CONGRESS 1st Session S. 1324 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. Short title This Act may be cited as the Southwestern Power Administration Fund Establishment Act . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Southwestern Power Administration. (2) Fund The term Fund means the Southwestern Power Administration Fund established by section 3(a). (3) Secretary The term Secretary means the Secretary of Energy. 3. Southwestern Power Administration Fund (a) Establishment of Fund There is established 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 Operation and Maintenance, Southwestern Power Administration under the heading Power Marketing Administrations under the heading Department of Energy in title III of the Energy and Water Development 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 payment fund pursuant to the first proviso in the matter under the heading Operation and Maintenance, Southwestern Power Administration under the heading Power Marketing Administrations under the heading Department 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 collections fund pursuant to the fourth and fifth provisos in the matter under the heading Operation and Maintenance, Southwestern Power Administration under the heading Power Marketing Administrations under the heading Department of Energy in title III of 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 remain 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 transmission 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. (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 miscellaneous receipts. (g) Applicable law The provisions of chapter 91 of title 31, United States Code, shall apply to the Administrator in carrying out this section in the same manner as the provisions apply to a wholly owned Government corporation (as defined in section 9101 of that title). (h) Conforming amendments (1) The proviso in the matter under the heading Operation and Maintenance, Southwestern Power Administration under the heading Power Marketing Administrations under the heading Department of Energy in title III of the Energy and Water Development 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 Establishment Act ; and (B) by striking credited to this account and inserting deposited in the Southwestern Power Administration Fund established by section 3(a) of the Southwestern Power Administration 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 Administrations under the heading Department of Energy in title III of the Energy and Water Development and Related Agencies Appropriations Act, 2010 ( 16 U.S.C. 825s–7 ), are repealed.