This bill authorizes the International Boundary and Water Commission to accept and use external funds for wastewater treatment and flood control projects, subject to specific limitations and reporting requirements.
Scott Peters
Representative
CA-50
This bill authorizes the International Boundary and Water Commission (IBWC) to accept external funds from various sources for projects related to wastewater treatment, water conservation, and flood control. These funds will be deposited into a dedicated, non-expiring Treasury account for authorized use. The legislation also establishes specific reporting requirements to Congress regarding the use of these accepted funds.
Border Water Agency Gets New Funding Power, Capping Partner Reimbursement at $5 Million Annually
This legislation hands the International Boundary and Water Commission (IBWC) a significant new tool: the authority to accept outside money for border infrastructure projects. Specifically, the IBWC can now take funds from federal agencies or private groups to study, plan, build, run, or repair projects focused on wastewater treatment, water conservation, and flood control. Think of it as opening up the IBWC’s wallet beyond the standard annual budget.
The New Border Infrastructure Piggy Bank
When the IBWC accepts these funds, they don’t just get tossed into the general budget abyss. Instead, they go into a special Treasury account called "International Boundary and Water Commission, United States and Mexico." The key feature here is that this money doesn’t expire—it stays available until it’s all spent on the authorized projects. For those paying attention to government spending, this is a big deal, as it allows for long-term planning without the pressure of a fiscal year deadline. This flexibility is designed to speed up critical projects, like fixing wastewater issues that spill across the border and affect communities and local economies.
The Fine Print on Partnerships and Security
While this bill makes it easier to fund projects, it also introduces some hard limits on who can contribute and how partnerships are structured. If a non-Federal partner—say, a large environmental nonprofit or a local utility—contributes funds or services, the IBWC is capped on how much it can credit or reimburse them. That limit is $5,000,000 in any single fiscal year. If a partner contributes $10 million to a massive flood control project, they can only get credit or reimbursement for half of that amount in one year. This cap could potentially complicate very large joint ventures, making it harder to secure major private funding for massive projects.
On the security front, the bill draws a firm line: the IBWC is absolutely forbidden from accepting funds from any non-Federal entity based in, headquartered in, or organized under the laws of a “foreign country of concern.” This restriction also applies if the entity has an existing agreement with such a country. The definition of a “foreign country of concern” isn't defined here but points to an existing law (Section 10638 of the Research and Development, Competition, and Innovation Act). This provision ensures that critical border infrastructure projects cannot be influenced or funded by entities posing a national security risk, adding a layer of vetting to the IBWC’s new funding streams.
Accountability Check
To keep things transparent, the IBWC must report back to Congress annually. By the end of every fiscal year, they have to send a detailed report to the relevant committees in the House and Senate, describing what activities were paid for with these external funds and what those activities cost. This mandatory reporting is crucial for oversight, ensuring that the new, flexible funds are actually used for the intended purpose—improving water and flood infrastructure along the border.