[Congressional Record Volume 167, Number 140 (Thursday, August 5, 2021)]
[Senate]
[Page S5973]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2591. Mr. MORAN submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of subtitle A of title I of division D, add the 
     following:

     SEC. 40114. SOUTHWESTERN POWER ADMINISTRATION FUND.

       (a) Definitions.--In this section:
       (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 subsection (b).
       (b) 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; and
       (3) amounts transferred to the Fund under subsection (c); 
     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 (118 Stat. 2956; 16 U.S.C. 825s-4).
       (c) 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 (63 
     Stat. 767, chapter 680; 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 (118 Stat. 2956; 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 (123 Stat. 2869; 16 U.S.C. 
     825s-7) (as in effect on the day before the date of enactment 
     of this Act).
       (d) Availability.--Amounts in the Fund shall remain 
     available until expended.
       (e) 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'') (58 Stat. 890, 
     chapter 665; 16 U.S.C. 825s); and
       (B) section 1232 of the Energy Policy Act of 2005 (42 
     U.S.C.16431).
       (f) Obligations.--The Secretary, acting through the 
     Administrator, may incur obligations for authorized purposes 
     in advance of appropriations to be liquidated by the Fund.
       (g) 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.
       (h) 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).
       (i) Conforming Amendments.--
       (1) 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 (118 Stat. 2956; 16 U.S.C. 825s-4) 
     is amended--
       (A) by striking ``in fiscal year 2005'' and inserting ``on 
     the date of enactment of the Infrastructure Investment and 
     Jobs Act''; and
       (B) by striking ``credited to this account'' and inserting 
     ``deposited in the Southwestern Power Administration Fund 
     established by section 40114(b) of the Infrastructure 
     Investment and Jobs 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 (123 Stat. 2869; 16 U.S.C. 
     825s-7) are repealed.
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