National Border and Homeland Security Act

Summary: National Border and Homeland Security Act - Amends the Immigration and Nationality Act to give state criminal alien assistance program (SCAAP) funding priority to: (1) northern or southern border states, or (2) state political subdivisions having one of the four largest populations of unlawfully present aliens for the preceding fiscal year. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Secretary of Homeland Security (DHS) (Secretary) to complete the required 700 mile southwest border fencing and priority-area fencing by December 31, 2015. Amends the Secure Fence Act of 2006 to direct the Secretary, in consultation with state and local officials along the U.S.-Mexico border, to achieve operational control over U.S. international land and maritime borders by December 31, 2015. Directs the Secretary to:   increase the number of full-time, active-duty Border Patrol agents through FY2018;  increase the number of U.S. Customs and Border Protection (CBP) officers at U.S. ports of entry through FY2018; and  establish within 18 months the biometric entry and exit data system required by the Intelligence Reform and Terrorism Prevention Act of 2004.   Prohibits the Secretary of the Interior and the Secretary of Agriculture (USDA) from impeding border security-related activities by the Secretary on U.S. public lands. Amends the Homeland Security Act of 2002 to direct the Domestic Nuclear Detection Office (of DHS), in protecting the United States from a nuclear, fissile material, or radiological attack, to consider 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. Directs the Secretary to procure within one year the number of next generation portable radiation detectors (PRDs) and radioactive isotope identification devices (RIIDs) required by the Border Patrol along the southern and northern U.S. borders.  Directs the Secretary to develop within one year, and implement within two years of development, a strategic plan to detect and interdict biological and chemical weapons entering the United States.

SECTION 1. SHORT TITLE.

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

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, including a 
        municipality, 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, including 
                municipalities, that, in the determination of the 
                Attorney General, have one of the four 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.--Section 102(b)(1) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is 
amended--
            (1) in subparagraph (A), by inserting ``, not later than 
        December 31, 2015,'' before ``construct''; and
            (2) in subparagraph (B)--
                    (A) in clause (i), by striking ``370 miles, or 
                other mileage determined by the Secretary, whose 
                authority to determine other mileage shall expire on 
                December 31, 2008,'' and inserting ``areas''; and
                    (B) in clause (ii), by striking ``2008'' and 
                inserting ``2015''.
    (b) Operational Control.--Subsection (a) of section 2 the Secure 
Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367) is amended, 
in the matter preceding paragraph (1)--
            (1) by striking ``18 months after the date of the enactment 
        of this Act,'' and inserting ``December 31, 2015,''; and
            (2) by inserting ``, in consultation with State and local 
        officials along the international border between the United 
        States and Mexico, including border State governors, mayors of 
        border towns and cities, and border sheriffs,'' before 
        ``shall''.

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 2015 (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 2016 (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 2017 (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 2018 (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 2015, 2016, 2017, and 2018, 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. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of Homeland Security shall 
establish the biometric entry and exit data system required by section 
7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 
U.S.C. 1365b), notwithstanding any other dates specified in such 
section.
    (b) Requirements.--In addition to the features required by the 
biometric entry and exit data system in accordance with section 7208 of 
the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 
1365b), the Secretary of Homeland Security shall ensure that such 
system is established and in operation at each port of entry in the 
United States.

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. 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. 9. PORTABLE RADIATION DETECTORS AND RADIOACTIVE ISOTOPE 
              IDENTIFICATION DEVICES.

    Not later than one year after the date of enactment of this Act, 
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. 10. STRATEGIC PLAN TO DETECT AND INTERDICT BIOLOGICAL AND CHEMICAL 
              WEAPONS.

    (a) In General.--
            (1) Development.--Not later than one year after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        develop a strategic plan (in this section referred to as the 
        ``Plan'') to detect and interdict biological and chemical 
        weapons entering the United States.
            (2) Implementation.--The Secretary of Homeland Security 
        shall complete implementation of the Plan not later than two 
        years after the development of the Plan under paragraph (1).
    (b) Reports to Congress.--
            (1) Initial report.--Not later than one year after the date 
        of the enactment of this Act, the Secretary of Homeland 
        Security shall submit to Congress a report that describes the 
        Plan.
            (2) Annual report.--Not later than two years after the 
        submission of the initial report under paragraph (1) and 
        annually thereafter, the Secretary of Homeland Security shall 
        submit reports to Congress on the implementation of the Plan.