[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3719 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3719

To establish the Southwestern Power Administration Fund, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2022

   Mr. Moran 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.

    Be it enacted by the Senate and House of Representatives 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:
            (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.

SEC. 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.
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