This bill authorizes the International Boundary and Water Commission to accept external funds for wastewater treatment and flood control projects, subject to specific spending and source restrictions.
Alejandro "Alex" Padilla
Senator
CA
This bill authorizes the International Boundary and Water Commission (IBWC) to accept external funds from federal and non-federal sources for wastewater treatment and flood control projects. These funds must be deposited into a dedicated Treasury account for use on authorized activities. The bill places a $5 million annual cap on using these funds for non-federal cost-sharing and prohibits accepting funds from entities connected to "foreign countries of concern." The IBWC must report annually to Congress on the use of these accepted funds.
This bill updates the rulebook for the U.S. Section of the International Boundary and Water Commission (IBWC), essentially giving them a new, more flexible checkbook for critical infrastructure projects along the border. Specifically, it authorizes the IBWC to accept money from almost any source—federal or non-federal—to study, design, build, or fix things like wastewater treatment plants, water conservation systems, and flood control works. This is a big deal because it means they aren’t just stuck waiting for congressional appropriations; they can now tap into grants and funding agreements for these essential projects. Any money they accept goes into a special Treasury account and stays there until it’s spent, which adds significant financial flexibility.
For folks living near the border, this bill is about getting projects done faster. The IBWC’s job is managing water issues between the U.S. and Mexico, and a lot of that work involves dealing with cross-border pollution and flood risks. By allowing the IBWC to accept external funds, the bill aims to speed up the repair of aging wastewater infrastructure or the construction of new flood control barriers. Think of a town that desperately needs an upgraded treatment plant to handle sewage flowing from across the border; this new authority means the IBWC can potentially secure private or state grants to kickstart that project without waiting years for federal budget cycles. This newfound financial freedom directly tackles the real-world problem of critical infrastructure lagging behind population growth and environmental needs.
While the IBWC gets new funding options, there are two key restrictions that matter. First, the bill puts a hard limit on how much of that outside money can be used for cost-sharing. The IBWC can’t use these non-federal funds to cover the non-federal share of a project’s cost, or pay back partners, for more than $5,000,000 in any single fiscal year. For very large projects, this cap could limit how much the IBWC can rely on external funds to cover local partners’ required contributions, meaning local governments or private partners still have to shoulder the bulk of their share.
Second, and perhaps most interesting, the bill introduces a national security screen: the IBWC is strictly prohibited from accepting funds from any entity that is based in, headquartered in, or organized under the laws of a “foreign country of concern.” This definition is pulled from another piece of legislation (Section 10638 of the Research and Development, Competition, and Innovation Act), but the intent is clear: to ensure that critical border infrastructure projects are not funded by entities linked to adversarial governments. While this is a clear security measure, it means that potential funding sources—even if they were willing to pay for a necessary project—are now off-limits if they have ties to designated countries. This is an example of geopolitical strategy directly impacting how local infrastructure gets funded.
To make sure this new funding authority doesn’t turn into a free-for-all, the bill includes a clear requirement for transparency. The IBWC must submit a report every fiscal year to key committees in the Senate and House, detailing exactly what activities were carried out using the accepted funds and what those costs were. This annual reporting requirement is the mechanism for oversight, ensuring that Congress knows how the IBWC is utilizing this new flexibility and that the money is being spent on projects that truly align with the commission’s mission to manage the U.S.-Mexico border waters.