II
119THCONGRESS
1
STSESSION S. 1034
To establish the Southwestern Power Administration Fund, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
MARCH13, 2025
Mr. M
ORAN(for himself, Mr. HAWLEY, and Mr. MARSHALL) introduced the
following bill; which was read twice and referred to the Committee on En-
ergy 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Southwestern Power 4
Administration Fund Establishment Act’’. 5
SEC. 2. DEFINITIONS. 6
In this Act: 7
(1) A
DMINISTRATOR.—The term ‘‘Adminis-8
trator’’ means the Administrator of the South-9
western Power Administration. 10
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(2) FUND.—The term ‘‘Fund’’ means the 1
Southwestern Power Administration Fund estab-2
lished by section 3(a). 3
(3) S
ECRETARY.—The term ‘‘Secretary’’ means 4
the Secretary of Energy. 5
SEC. 3. SOUTHWESTERN POWER ADMINISTRATION FUND. 6
(a) E
STABLISHMENT OF FUND.—There is estab-7
lished in the Treasury of the United States a fund, to be 8
known as the ‘‘Southwestern Power Administration 9
Fund’’, consisting of— 10
(1) all receipts, collections, and recoveries of the 11
Southwestern Power Administration, including trust 12
funds; 13
(2) appropriations to the Fund; 14
(3) amounts transferred to the Fund under 15
subsection (b); and 16
(4) amounts deposited in the Fund under the 17
first proviso in the matter under the heading ‘‘O
P-18
ERATION AND MAINTENANCE, SOUTHWESTERN 19
P
OWERADMINISTRATION’’ under the heading 20
‘‘POWER MARKETING ADMINISTRATIONS’’ 21
under the heading ‘‘DEPARTMENT OF EN-22
ERGY’’ in title III of the Energy and Water Devel-23
opment Appropriations Act, 2005 (16 U.S.C. 825s– 24
4). 25
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(b) TRANSFERS TOFUND.—There are transferred to 1
the Fund— 2
(1) unexpended balances in the continuing fund 3
pursuant to the 11th paragraph under the heading 4
‘‘OFFICE OF THE SECRETARY’’ in title I of the 5
Act of October 12, 1949 (16 U.S.C. 825s–1); 6
(2) unexpended balances in the advanced pay-7
ment fund pursuant to the first proviso in the mat-8
ter under the heading ‘‘O
PERATION AND MAINTE-9
NANCE, SOUTHWESTERN POWERADMINISTRATION’’ 10
under the heading ‘‘POWER MARKETING AD-11
MINISTRATIONS’’ under the heading ‘‘Depart-12
ment of Energy’’ in title III of the Energy and 13
Water Development Appropriations Act, 2005 (16 14
U.S.C. 825s–4); and 15
(3) unexpended balances in the offsetting collec-16
tions fund pursuant to the fourth and fifth provisos 17
in the matter under the heading ‘‘O
PERATION AND 18
M
AINTENANCE, SOUTHWESTERN POWERADMINIS-19
TRATION’’ under the heading ‘‘POWER MAR-20
KETING ADMINISTRATIONS’’ under the head-21
ing ‘‘DEPARTMENT OF ENERGY’’ in title III of 22
the Energy and Water Development and Related 23
Agencies Appropriations Act, 2010 (16 U.S.C. 24
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825s–7) (as in effect on the day before the date of 1
enactment of this Act). 2
(c) A
VAILABILITY.—Amounts in the Fund shall re-3
main available until expended. 4
(d) U
SE.—Amounts in the Fund shall be used by the 5
Secretary, acting through the Administrator, for expenses 6
necessary for— 7
(1) operation and maintenance of power trans-8
mission facilities; 9
(2) marketing electric power and energy; 10
(3) construction and acquisition of transmission 11
lines, substations, and appurtenant facilities; and 12
(4) administrative expenses in carrying out the 13
duties of the Secretary under— 14
(A) section 5 of the Act of December 22, 15
1944 (commonly known as the ‘‘Flood Control 16
Act of 1944’’) (16 U.S.C. 825s); and 17
(B) section 1232 of the Energy Policy Act 18
of 2005 (42 U.S.C. 16431). 19
(e) O
BLIGATIONS.—The Secretary, acting through 20
the Administrator, may incur obligations for authorized 21
purposes in advance of appropriations to be liquidated by 22
the Fund. 23
(f) E
XCESSFUNDS.—Annually, the Secretary, acting 24
through the Administrator, shall transfer excess amounts 25
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in the Fund to the Treasury of the United States as mis-1
cellaneous receipts. 2
(g) A
PPLICABLELAW.—The provisions of chapter 91 3
of title 31, United States Code, shall apply to the Adminis-4
trator in carrying out this section in the same manner as 5
the provisions apply to a wholly owned Government cor-6
poration (as defined in section 9101 of that title). 7
(h) C
ONFORMINGAMENDMENTS.— 8
(1) The proviso in the matter under the head-9
ing ‘‘O
PERATION AND MAINTENANCE, SOUTH-10
WESTERN POWERADMINISTRATION’’ under the 11
heading ‘‘POWER MARKETING ADMINISTRA-12
TIONS’’ under the heading ‘‘Department of En-13
ergy’’ in title III of the Energy and Water Develop-14
ment Appropriations Act, 2005 (16 U.S.C. 825s–4), 15
is amended— 16
(A) by striking ‘‘in fiscal year 2005’’ and 17
inserting ‘‘on the date of enactment of the 18
Southwestern Power Administration Fund Es-19
tablishment Act’’; and 20
(B) by striking ‘‘credited to this account’’ 21
and inserting ‘‘deposited in the Southwestern 22
Power Administration Fund established by sec-23
tion 3(a) of the Southwestern Power Adminis-24
tration Fund Establishment Act’’. 25
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(2) The fourth and fifth provisos in the matter 1
under the heading ‘‘O
PERATION ANDMAINTENANCE, 2
S
OUTHWESTERN POWERADMINISTRATION’’ under 3
the heading ‘‘POWER MARKETING ADMINIS-4
TRATIONS’’ under the heading ‘‘Department of 5
Energy’’ in title III of the Energy and Water Devel-6
opment and Related Agencies Appropriations Act, 7
2010 (16 U.S.C. 825s–7), are repealed. 8
Æ
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