I 
115TH CONGRESS 
2D SESSION 
H. R. 6415 
To provide for border security, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 18, 2018 
Mr. FERGUSON introduced the following bill; which was referred to the Com-
mittee on Homeland Security, and in addition to the Committees on the 
Judiciary, Transportation and Infrastructure, Oversight and Government 
Reform, Foreign Affairs, Agriculture, Armed Services, Natural Re-
sources, the Budget, and Ways and Means, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To provide for border security, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘American Border Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—BORDER SECURITY 
Sec. 1101. Definitions. 
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Subtitle A—Infrastructure and Equipment 
Sec. 1111. Strengthening the requirements for barriers along the southern bor-
der. 
Sec. 1112. Air and Marine Operations flight hours. 
Sec. 1113. Capability deployment to specific sectors and transit zone. 
Sec. 1114. U.S. Border Patrol activities. 
Sec. 1115. Border security technology program management. 
Sec. 1116. National Guard support to secure the southern border. 
Sec. 1117. Prohibitions on actions that impede border security on certain Fed-
eral land. 
Sec. 1118. Landowner and rancher security enhancement. 
Sec. 1119. Eradication of carrizo cane and salt cedar. 
Sec. 1120. Southern border threat analysis. 
Sec. 1121. Amendments to U.S. Customs and Border Protection. 
Sec. 1122. Agent and officer technology use. 
Sec. 1123. Integrated Border Enforcement Teams. 
Sec. 1124. Tunnel Task Forces. 
Sec. 1125. Pilot program on use of electromagnetic spectrum in support of bor-
der security operations. 
Sec. 1126. Foreign migration assistance. 
Sec. 1127. Biometric Identification Transnational Migration Alert Program. 
Subtitle B—Personnel 
Sec. 1131. Additional U.S. Customs and Border Protection agents and officers. 
Sec. 1132. U.S. Customs and Border Protection retention incentives. 
Sec. 1133. Anti-Border Corruption Reauthorization Act. 
Sec. 1134. Training for officers and agents of U.S. Customs and Border Pro-
tection. 
Subtitle C—Grants 
Sec. 1141. Operation Stonegarden. 
TITLE II—EMERGENCY PORT OF ENTRY PERSONNEL AND 
INFRASTRUCTURE FUNDING 
Sec. 2101. Ports of entry infrastructure. 
Sec. 2102. Secure communications. 
Sec. 2103. Border security deployment program. 
Sec. 2104. Pilot and upgrade of license plate readers at ports of entry. 
Sec. 2105. Non-intrusive inspection operational demonstration. 
Sec. 2106. Biometric exit data system. 
Sec. 2107. Sense of Congress on cooperation between agencies. 
Sec. 2108. Authorization of appropriations. 
Sec. 2109. Definition. 
TITLE III—TRANSNATIONAL CRIMINAL ORGANIZATION ILLICIT 
SPOTTER PREVENTION AND ELIMINATION 
Sec. 3101. Short title. 
Sec. 3102. Illicit spotting. 
Sec. 3103. Unlawfully hindering immigration, border, and customs controls. 
TITLE IV—BORDER SECURITY FUNDING 
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Sec. 4101. Border Security Funding. 
Sec. 4102. Exclusion from PAYGO scorecards. 
TITLE I—BORDER SECURITY 
SEC. 1101. DEFINITIONS. 
In this title: 
(1) ADVANCED
UNATTENDED
SURVEILLANCE 
SENSORS.—The term ‘‘advanced unattended surveil-
lance sensors’’ means sensors that utilize an onboard 
computer to analyze detections in an effort to dis-
cern between vehicles, humans, and animals, and ul-
timately filter false positives prior to transmission. 
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means the Commissioner of U.S. Customs 
and Border Protection. 
(3) HIGH
TRAFFIC
AREAS.—The term ‘‘high 
traffic areas’’ has the meaning given such term in 
section 102(e)(1) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996, as 
amended by section 1111 of this division. 
(4) OPERATIONAL CONTROL.—The term ‘‘oper-
ational control’’ has the meaning given such term in 
section 2(b) of the Secure Fence Act of 2006 (8 
U.S.C. 1701 note; Public Law 109–367). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
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(6) SITUATIONAL AWARENESS.—The term ‘‘sit-
uational awareness’’ has the meaning given such 
term in section 1092(a)(7) of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 
114–328; 6 U.S.C. 223(a)(7)). 
(7) SMALL UNMANNED AERIAL VEHICLE.—The 
term ‘‘small unmanned aerial vehicle’’ has the mean-
ing given the term ‘‘small unmanned aircraft’’ in 
section 331 of the FAA Modernization and Reform 
Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 
note). 
(8) TRANSIT ZONE.—The term ‘‘transit zone’’ 
has the meaning given such term in section 
1092(a)(8) of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 6 
U.S.C. 223(a)(7)). 
(9) UNMANNED
AERIAL
SYSTEM.—The term 
‘‘unmanned aerial system’’ has the meaning given 
the term ‘‘unmanned aircraft system’’ in section 331 
of the FAA Modernization and Reform Act of 2012 
(Public Law 112–95; 49 U.S.C. 40101 note). 
(10) UNMANNED AERIAL VEHICLE.—The term 
‘‘unmanned aerial vehicle’’ has the meaning given 
the term ‘‘unmanned aircraft’’ in section 331 of the 
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FAA Modernization and Reform Act of 2012 (Public 
Law 112–95; 49 U.S.C. 40101 note). 
Subtitle A—Infrastructure and 
Equipment 
SEC. 1111. STRENGTHENING THE REQUIREMENTS FOR BAR-
RIERS ALONG THE SOUTHERN BORDER. 
Section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Division C of Pub-
lic Law 104–208; 8 U.S.C. 1103 note) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) IN GENERAL.—The Secretary of Homeland Se-
curity shall take such actions as may be necessary (includ-
ing the removal of obstacles to detection of illegal en-
trants) to design, test, construct, install, deploy, integrate, 
and operate physical barriers, tactical infrastructure, and 
technology in the vicinity of the United States border to 
achieve situational awareness and operational control of 
the border and deter, impede, and detect illegal activity 
in high traffic areas.’’; 
(2) in subsection (b)— 
(A) in the subsection heading, by striking 
‘‘FENCING AND ROAD IMPROVEMENTS’’ and in-
serting ‘‘PHYSICAL BARRIERS’’; 
(B) in paragraph (1)— 
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(i) in subparagraph (A)— 
(I) by striking ‘‘subsection (a)’’ 
and inserting ‘‘this section’’; 
(II) by striking ‘‘roads, lighting, 
cameras, and sensors’’ and inserting 
‘‘tactical infrastructure, and tech-
nology’’; and 
(III) by striking ‘‘gain’’ inserting 
‘‘achieve situational awareness and’’; 
and 
(ii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) PHYSICAL BARRIERS AND TACTICAL 
INFRASTRUCTURE.— 
‘‘(i) IN
GENERAL.—Not later than 
September 30, 2023, the Secretary of 
Homeland Security, in carrying out this 
section, shall deploy along the United 
States border the most practical and effec-
tive physical barriers and tactical infra-
structure available for achieving situational 
awareness and operational control of the 
border. 
‘‘(ii) CONSIDERATION
FOR
CERTAIN 
PHYSICAL BARRIERS AND TACTICAL INFRA-
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STRUCTURE.—The deployment of physical 
barriers and tactical infrastructure under 
this subparagraph shall not apply in any 
area or region along the border where nat-
ural terrain features, natural barriers, or 
the remoteness of such area or region 
would make any such deployment ineffec-
tive, as determined by the Secretary, for 
the purposes of achieving situational 
awareness or operational control of such 
area or region.’’; 
(iii) in subparagraph (C)— 
(I) by amending clause (i) to 
read as follows: 
‘‘(i) IN
GENERAL.—In carrying out 
this section, the Secretary of Homeland 
Security shall consult with the Secretary of 
the Interior, the Secretary of Agriculture, 
appropriate representatives of Federal, 
State, local, and tribal governments, and 
appropriate private property owners in the 
United States to minimize the impact on 
the environment, culture, commerce, and 
quality of life for the communities and 
residents located near the sites at which 
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such physical barriers are to be con-
structed.’’; 
(II) by redesignating clause (ii) 
as clause (iii); 
(III) by inserting after clause (i), 
as amended, the following new clause: 
‘‘(ii) NOTIFICATION.—Not later than 
60 days after the consultation required 
under clause (i), the Secretary of Home-
land Security shall notify the Committee 
on Homeland Security of the House of 
Representatives and the Committee on 
Homeland Security and Governmental Af-
fairs of the Senate of the type of physical 
barriers, tactical infrastructure, or tech-
nology the Secretary has determined is 
most practical and effective to achieve situ-
ational awareness and operational control 
in a specific area or region and the other 
alternatives the Secretary considered be-
fore making such a determination.’’; and 
(IV) in clause (iii), as so redesig-
nated— 
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(aa) in subclause (I), by 
striking ‘‘or’’ after the semicolon 
at the end; 
(bb) by amending subclause 
(II) to read as follows: 
‘‘(II) delay the transfer of the 
possession of property to the United 
States or affect the validity of any 
property acquisition by purchase or 
eminent domain, or to otherwise affect 
the eminent domain laws of the 
United States or of any State; or’’; 
and 
(cc) by adding at the end 
the following new subclause: 
‘‘(III) create any right or liability 
for any party.’’; and 
(iv) by striking subparagraph (D); 
(C) in paragraph (2)— 
(i) by striking ‘‘Attorney General’’ 
and inserting ‘‘Secretary of Homeland Se-
curity’’; 
(ii) by striking ‘‘this subsection’’ and 
inserting ‘‘this section’’; and 
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(iii) by striking ‘‘construction of 
fences’’ and inserting ‘‘the construction of 
physical barriers’’; 
(D) by amending paragraph (3) to read as 
follows: 
‘‘(3) AGENT SAFETY.—In carrying out this sec-
tion, the Secretary of Homeland Security, when de-
signing, constructing, and deploying physical bar-
riers, tactical infrastructure, or technology, shall in-
corporate such safety features into such design, con-
struction, or deployment of such physical barriers, 
tactical infrastructure, or technology, as the case 
may be, that the Secretary determines, in the Sec-
retary’s sole discretion, are necessary to maximize 
the safety and effectiveness of officers or agents of 
the Department of Homeland Security or of any 
other Federal agency deployed in the vicinity of such 
physical barriers, tactical infrastructure, or tech-
nology.’’; and 
(E) in paragraph (4), by striking ‘‘this 
subsection’’ and inserting ‘‘this section’’; 
(3) in subsection (c), by amending paragraph 
(1) to read as follows: 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary of Homeland Security 
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(E) The Migratory Bird Treaty Act (16 
U.S.C. 703 et seq.). 
(F) The Clean Air Act (42 U.S.C. 7401 et 
seq.). 
(G) The Archaeological Resources Protec-
tion Act of 1979 (16 U.S.C. 470aa et seq.). 
(H) The Safe Drinking Water Act (42 
U.S.C. 300f et seq.). 
(I) The Noise Control Act of 1972 (42 
U.S.C. 4901 et seq.). 
(J) The Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.). 
(K) The Comprehensive Environmental 
Response, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.). 
(L) Chapter 3125 of title 54, United 
States Code (formerly known as the ‘‘Archae-
ological and Historic Preservation Act’’). 
(M) The Antiquities Act (16 U.S.C. 431 et 
seq.). 
(N) Chapter 3203 of title 54, United 
States Code (formerly known as the ‘‘Historic 
Sites, Buildings, and Antiquities Act’’). 
(O) The Wild and Scenic Rivers Act (16 
U.S.C. 1271 et seq.). 
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