Section 1. Definitions
In this Act:
(1) Community infrastructure
The term community infrastructure means a project or facility that—
(A) is—
(i) a transportation project;
(ii) a water, wastewater, telecommunications, electric, gas, or other utility project; or
(iii) any other project directly supporting a land port of entry or infrastructure that is disproportionately impacted by the nearby presence of a land port of entry, as designated by the Secretary;
(B) is—
(i) owned by a State, Tribal, or local government; or
(ii) a not-for-profit, member-owned utility service; and
(C) is—
(i) focused on the modernization of a land port of entry; or
(ii) located within 25 miles of a land port of entry and is supportive of, or disproportionately impacted by the nearby presence of, a land port of entry.
(2) Rural area
The term rural area means a city, town, or unincorporated area that has a population of not more than 100,000 inhabitants.
(3) Secretary
The term Secretary means the Secretary of Homeland Security.
(b) Eligibility criteria; project categories
The Secretary shall establish criteria for determining which community infrastructure projects are eligible for assistance under this section in the following categories:
(1) Projects designed to improve the safety, efficiency, and reliability of legitimate trade and travel across the international borders of the United States, such as local transportation or water infrastructure projects to support the modernization or construction of a port of entry.
(2) Projects designed to enhance border security, as measured by their predicted impact on illicit drug seizure rates and other relevant metrics for securing the border at ports of entry established pursuant to section 1092(c) of the National Defense Authorization Act for Fiscal Year 2017 (6 U.S.C. 223(c)).
(3) Projects designed to enhance resilience of land ports of entry and supportive infrastructure, including projects that bolster the emergency preparedness of such ports and infrastructure.
(4) Projects designed to enhance U.S. Customs and Border Protection personnel family quality of life, as determined in accordance with subsection (c)(3).
(5) Projects designed to address the direct impacts that land ports of entry may have on surrounding communities, such as projects related to transportation infrastructure, traffic congestion, waste and wastewater infrastructure, pollution, and environmental degradation.
(c) Additional considerations
In selecting community infrastructure projects to receive financial assistance under this section, the Secretary shall consider—
(1) infrastructure improvements identified in the U.S. Customs and Border Protection’s 2024 report entitled, Land Port of Entry Modernization: Promoting Security, Travel, and Trade;
(2) infrastructure improvements identified in State capital investment plans that directly support a land port of entry; and
(3) for the purposes of determining whether a proposed community infrastructure project will enhance family quality of life—
(A) the impact of such project on alleviating port of entry commuter workforce issues; and
(B) the benefit of local infrastructure funded by such project that will support U.S. Customs and Border Protection personnel and their dependents while residing in the community in which such infrastructure will be constructed.
(d) Standardization of processes for determining project eligibility and selection
In accordance with the eligibility criteria described in subsection (b) and the selection considerations described in subsection (c), the Secretary shall develop and implement guidance to standardize the process of identifying, validating, and prioritizing community infrastructure projects.
(e) Interagency consultation
In assessing the merits and viability of community infrastructure projects seeking financial assistance under this section, the Secretary, to the extent possible, shall consult with appropriate officials in the Department of Transportation, the Department of Commerce, the Department of Housing and Urban Development, the Department of Energy, the Department of Agriculture, the Environmental Protection Agency, and other Federal agencies with relevant expertise.
(1) In general
Except as provided in paragraph (2), a community infrastructure project may not receive financial assistance under this section unless the recipient of such assistance agrees to contribute not less than 30 percent of the total funding for such project from non-Federal sources.
(2) Exceptions
If a proposed community infrastructure project will be carried out in a rural area or if the Secretary determines such project is advantageous for reasons related to homeland security, the Secretary—
(A) shall not penalize a State or local government for offering to make a non-Federal contribution equal to less than 30 percent of the total funding for such project;
(B) may reduce the matching requirement for a State or local government to an amount that is less than 30 percent of the cost of such project; or
(C) may waive the matching requirement entirely.
(g) Reimbursement
If a State, Tribal, or local government or a not-for-profit, member-owned utility service expends its own funds, on or after November 15, 2021, and, within a reasonable amount of time, seeks reimbursement for a community infrastructure project that meets the eligibility criteria described in subsection (b) and the selection considerations described in subsection (c), the Secretary may reimburse such entity for up to 70 percent of the costs incurred for such project unless such project qualifies for an adjusted matching requirement authorized under subsection (f)(2).