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.

Summary: National Border and Homeland Security Act of 2010 - 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 by December 31, 2012.

Amends the Secure Fence Act of 2006 to direct the Secretary to achieve operational control over U.S. international land and maritime borders by December 31, 2012.

Directs the Secretary to: (1) increase the number of full-time, active-duty Border Patrol agents; (2) increase the number of Customs and Border Protection officers at U.S. ports of entry; and (3) ensure the implementaion of the automated entry and exit control system for aliens entering the United States at ports of entry (US-Visit) by December 31, 2011.

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.

Sets forth activities that may be taken to increase the number of Operation Streamline prosecutions by the following U.S. district courts: (1) the District of Arizona; (2) the District of New Mexico (3) the Southern District of California (4) the Southern District of Texas; and (5) the Western District of Texas.

Increases criminal penalties for improper U.S. entry by an alien. Excludes minimum mandatory prison penalties for an alien who: (1) is under 18 years old; (2) is a parent traveling with a child under 18 years old; or (3) has a life-threatening health condition.

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 the number of next generation portable radiation detectors (PRD) and radioactive isotope identification devices (RIID) required by the Border Patrol along the southern and northern U.S. borders by July 1, 2011.

Authorizes appropriations for port security grants.

Directs the Secretary to develop and implement 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 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.