National Border and Homeland Security Act of 2010

H.R.5675 -- National Border and Homeland Security Act of 2010 (Introduced in House - IH)

HR 5675 IH

111th CONGRESS

2d Session

H. R. 5675

To improve border security and to increase prosecutions and penalties for illegal entry into the United States, to prevent and combat the smuggling of weapons of mass destruction into the United States, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

July 1, 2010

Mr. FRANKS of Arizona introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on the Judiciary, Natural Resources, and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To improve border security and to increase prosecutions and penalties for illegal entry into the United States, to prevent and combat the smuggling of weapons of mass destruction into the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `National Border and Homeland Security Act of 2010'.

SEC. 2. PRIORITY DISTRIBUTIONS UNDER THE STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

Section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) is amended by adding at the end the following:

`(7) In distributing amounts under this subsection to a State or political subdivision of a State for a fiscal year, the Attorney General shall prioritize compensating--

`(A) States that are on the northern or southern border; or

`(B) political subdivisions of States that, in the determination of the Attorney General, have one of the 4 largest populations of aliens unlawfully present in the United States for the preceding fiscal year.'.

SEC. 3. FENCING ALONG AND OPERATIONAL CONTROL OF THE SOUTHWEST BORDER.

(a) Fencing- Subparagraph (A) of section 102(b)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended by inserting `not later than December 31, 2012,' before `construct'.

(b) Operational Control- Subsection (a) of the Secure Fence Act of 2006 (Public Law 109-367) is amended, in the matter preceding paragraph (1), by striking `18 months after the date of the enactment of this Act,' and inserting `December 31, 2012,'.

SEC. 4. BORDER PATROL AGENTS.

The Secretary of Homeland Security shall increase the number of positions for full-time, active-duty Border Patrol agents over the number of such agents for the preceding fiscal year as follows:

(1) Three thousand such agents for fiscal year 2011 (with 2,500 such agents deployed to the southern border and 500 such agents deployed to the northern border).

(2) One thousand such agents for fiscal year 2012 (with 800 such agents deployed to the southern border and 200 such agents deployed to the northern border).

(3) One thousand such agents for fiscal year 2013 (with 800 such agents deployed to the southern border and 200 such agents deployed to the northern border).

(4) One thousand such agents for fiscal year 2014 (with 800 such agents deployed to the southern border and 200 such agents deployed to the northern border).

SEC. 5. CUSTOMS AND BORDER PROTECTION.

For each of fiscal years 2011, 2012, 2013, and 2014, the Secretary of Homeland Security shall increase by not fewer than 200 the number of United States Customs and Border Protection officers at United States ports of entry over the number of such officers at such ports for the preceding fiscal year.

SEC. 6. COMPLETE IMPLEMENTATION OF US-VISIT.

Not later than December 31, 2011, the Secretary of Homeland Security shall ensure that for the automated entry and exit control system under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a) for aliens arriving in or departing from the United States at any port of entry, the requirement under subsection (a)(1) of such section has been completely implemented.

SEC. 7. PROHIBITION ON IMPEDING CERTAIN ACTIVITIES OF THE SECRETARY OF HOMELAND SECURITY RELATED TO BORDER SECURITY.

On public lands of the United States, neither the Secretary of the Interior nor the Secretary of Agriculture may impede, prohibit, or restrict activities of the Secretary of Homeland Security to achieve operational control (as defined in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367)).

SEC. 8. OPERATION STREAMLINE.

(a) Capacity Expanded- To the extent necessary to double the number of Operation Streamline prosecutions that a Federal district court may consider during a fiscal year, the following actions are authorized:

(1) The clerk of each district court described in subsection (b)(2) shall appoint under section 751(b) of title 28, United States Code, in addition to deputies, clerical assistants, and employees otherwise appointed under such section, any number of deputies, clerical assistants, or employees without regard to the requirement under such section for approval by the Director of the Administrative Office of the United States Courts.

(2) The chief judge of each district court described in subsection (b)(2) may appoint under section 631 of title 28, United States Code, in addition to magistrate judges otherwise appointed under such section, 1 magistrate judge who meets the qualifications under such section.

(3) Each district judge of each district court described in subsection (b)(2) may appoint under section 752 of title 28, United States Code, in addition to law clerks otherwise appointed under such section, 1 law clerk.

(b) Operation Streamline Prosecutions-

(1) DEFINITION- For purposes of this section, an `Operation Streamline prosecution' is any criminal prosecution of an alien for an offense under section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) in any district court described in paragraph (2).

(2) DISTRICT COURTS DESCRIBED- A district court described in this paragraph is the United States district court for any of the following:

(A) The District of Arizona.

(B) The District of New Mexico .

(C) The Southern District of California.

(D) The Southern District of Texas.

(E) The Western District of Texas.

SEC. 9. INCREASED PENALTY FOR ENTRY OF ALIEN AT IMPROPER TIME OR PLACE OR MISREPRESENTATION AND CONCEALMENT OF FACTS.

Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) is amended--

(1) in subsection (a)--

(A) by striking `not more than 6 months, or both';

(B) by striking `not more than 2 years, or both';

(C) by inserting after `for the first commission of any such offense,' the following: `be imprisoned for not less than 30 days and not more than 6 months, and may in addition be'; and

(D) by inserting after `for a subsequent commission of any such offense,' the following: `be imprisoned not less than 6 months and not more than 2 years, and may in addition be'; and

(2) by adding at the end the following:

`(e) The minimum mandatory terms of imprisonment under subsection (a) shall not apply to any alien who is--

`(1) a child under the age of 18;

`(2) a parent traveling with a child under the age of 18; or

`(3) an alien who has a life-threatening health condition.'.

SEC. 10. GLOBAL NUCLEAR DETECTION ARCHITECTURE.

Section 1902(a) of the Homeland Security Act of 2002 (6 U.S.C. 592(a)) is amended--

(1) in paragraph (1), by inserting before the semicolon at the end the following: `particularly with respect to potential smuggling routes in land border areas between ports of entry, railcars entering the United States from Canada or Mexico , and private aircraft or small vessels';

(2) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively;

(3) by inserting after paragraph (12) the following new paragraph:

`(13) develop objectives to be accomplished to carry out this subsection, identify roles and responsibilities for meeting such objectives, ensure that the funding necessary to achieve such objectives is available, and employ monitoring mechanisms to determine progress toward achieving such objectives;'; and

(4) in paragraph (14), as so redesignated, by striking `paragraphs (10), (11), and (12)' and inserting `this subsection'.

SEC. 11. PORTABLE RADIATION DETECTORS AND RADIOACTIVE ISOTOPE IDENTIFICATION DEVICES.

Not later than July 1, 2011, the Secretary of Homeland Security shall determine the number of next generation portable radiation detectors (PRD) and radioactive isotope identification devices (RIID) required by Border Patrol agents patrolling the southern and northern borders of the United States and procure such detectors and devices.

SEC. 12. PORT SECURITY GRANTS.

Section 70107(l) of title 46, United States Code, is amended to read as follows:

`(l) Authorization of Appropriations-

`(1) FISCAL YEARS 2007 THROUGH 2011- There are authorized to be appropriated $400,000,000 for each of fiscal years 2007 through 2011 to carry out this section.

`(2) FISCAL YEARS 2012 THROUGH 2014- There are authorized to be appropriated not less than $500,000,000 for each of fiscal years 2012 through 2014 to carry out this section.'.

SEC. 13. STRATEGIC PLAN TO DETECT AND INTERDICT BIOLOGICAL AND CHEMICAL WEAPONS.

(a) In General-

(1) DEVELOPMENT- Not later than July 1, 2011, the Secretary of Homeland Security shall develop a strategic plan (hereinafter in this section referred to as the `Plan') to detect and interdict biological and chemical weapons entering the United States.

(2) IMPLEMENTATION- The Secretary shall complete implementation of the Plan not later than July 1, 2014.

(b) Reports to Congress-

(1) INITIAL REPORT- Not later than July 1, 2011, the Secretary shall submit to Congress a report that describes the Plan.

(2) ANNUAL REPORT- Beginning on July 1, 2012, and annually thereafter, the Secretary shall submit reports to Congress on the implementation of the Plan.