I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Border and 

5 Homeland Security Act of 2010’’. 


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1 SEC. 2. PRIORITY DISTRIBUTIONS UNDER THE STATE 

2 CRIMINAL ALIEN ASSISTANCE PROGRAM. 

3 Section 241(i) of the Immigration and Nationality 

4 Act (8 U.S.C. 1231(i)) is amended by adding at the end 

5 the following: 

6 ‘‘(7) In distributing amounts under this sub7 section to a State or political subdivision of a State 

8 for a fiscal year, the Attorney General shall 

9 prioritize compensating— 

10 ‘‘(A) States that are on the northern or 

11 southern border; or 

12 ‘‘(B) political subdivisions of States that, 

13 in the determination of the Attorney General, 

14 have one of the 4 largest populations of aliens 

15 unlawfully present in the United States for the 

16 preceding fiscal year.’’. 

17 SEC. 3. FENCING ALONG AND OPERATIONAL CONTROL OF 

18 THE SOUTHWEST BORDER. 

19 (a) FENCING.—Subparagraph (A) of section 

20 102(b)(1) of the Illegal Immigration Reform and Immi21 grant Responsibility Act of 1996 (8 U.S.C. 1103 note) is 

22 amended by inserting ‘‘not later than December 31, 

23 2012,’’ before ‘‘construct’’. 

24 (b) OPERATIONAL CONTROL.—Subsection (a) of the 

25 Secure Fence Act of 2006 (Public Law 109–367) is 

26 amended, in the matter preceding paragraph (1), by strikVerDate Mar 15 2010 20:13 Jul 07, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5675.IH H5675

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1 ing ‘‘18 months after the date of the enactment of this 

2 Act,’’ and inserting ‘‘December 31, 2012,’’. 

3 SEC. 4. BORDER PATROL AGENTS. 

4 The Secretary of Homeland Security shall increase 

5 the number of positions for full-time, active-duty Border 

6 Patrol agents over the number of such agents for the pre7 ceding fiscal year as follows: 

8 (1) Three thousand such agents for fiscal year 

9 2011 (with 2,500 such agents deployed to the south10 ern border and 500 such agents deployed to the 

11 northern border). 

12 (2) One thousand such agents for fiscal year 

13 2012 (with 800 such agents deployed to the south14 ern border and 200 such agents deployed to the 

15 northern border). 

16 (3) One thousand such agents for fiscal year 

17 2013 (with 800 such agents deployed to the south18 ern border and 200 such agents deployed to the 

19 northern border). 

20 (4) One thousand such agents for fiscal year 

21 2014 (with 800 such agents deployed to the south22 ern border and 200 such agents deployed to the 

23 northern border). 


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1 SEC. 5. CUSTOMS AND BORDER PROTECTION. 

2 For each of fiscal years 2011, 2012, 2013, and 2014, 

3 the Secretary of Homeland Security shall increase by not 

4 fewer than 200 the number of United States Customs and 

5 Border Protection officers at United States ports of entry 

6 over the number of such officers at such ports for the pre7 ceding fiscal year. 

8 SEC. 6. COMPLETE IMPLEMENTATION OF US–VISIT. 

9 Not later than December 31, 2011, the Secretary of 

10 Homeland Security shall ensure that for the automated 

11 entry and exit control system under section 110 of the 

12 Illegal Immigration Reform and Immigrant Responsibility 

13 Act of 1996 (8 U.S.C. 1365a) for aliens arriving in or 

14 departing from the United States at any port of entry, 

15 the requirement under subsection (a)(1) of such section 

16 has been completely implemented. 

17 SEC. 7. PROHIBITION ON IMPEDING CERTAIN ACTIVITIES 

18 OF THE SECRETARY OF HOMELAND SECU19 RITY RELATED TO BORDER SECURITY. 

20 On public lands of the United States, neither the Sec21 retary of the Interior nor the Secretary of Agriculture may 

22 impede, prohibit, or restrict activities of the Secretary of 

23 Homeland Security to achieve operational control (as de24 fined in section 2(b) of the Secure Fence Act of 2006 (8 

25 U.S.C. 1701 note; Public Law 109–367)). 


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1 SEC. 8. OPERATION STREAMLINE. 

2 (a) CAPACITY EXPANDED.—To the extent necessary 

3 to double the number of Operation Streamline prosecu4 tions that a Federal district court may consider during 

5 a fiscal year, the following actions are authorized: 

6 (1) The clerk of each district court described in 

7 subsection (b)(2) shall appoint under section 751(b) 

8 of title 28, United States Code, in addition to depu9 ties, clerical assistants, and employees otherwise ap10 pointed under such section, any number of deputies, 

11 clerical assistants, or employees without regard to 

12 the requirement under such section for approval by 

13 the Director of the Administrative Office of the 

14 United States Courts. 

15 (2) The chief judge of each district court de16 scribed in subsection (b)(2) may appoint under sec17 tion 631 of title 28, United States Code, in addition 

18 to magistrate judges otherwise appointed under such 

19 section, 1 magistrate judge who meets the qualifica20 tions under such section. 

21 (3) Each district judge of each district court 

22 described in subsection (b)(2) may appoint under 

23 section 752 of title 28, United States Code, in addi24 tion to law clerks otherwise appointed under such 

25 section, 1 law clerk. 

26 (b) OPERATION STREAMLINE PROSECUTIONS.— 


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1 (1) DEFINITION.—For purposes of this section, 

2 an ‘‘Operation Streamline prosecution’’ is any crimi3 nal prosecution of an alien for an offense under sec4 tion 275 of the Immigration and Nationality Act (8 

5 U.S.C. 1325) in any district court described in para6 graph (2). 

7 (2) DISTRICT COURTS DESCRIBED.—A district 

8 court described in this paragraph is the United 

9 States district court for any of the following: 

10 (A) The District of Arizona. 

11 (B) The District of New Mexico. 

12 (C) The Southern District of California. 

13 (D) The Southern District of Texas. 

14 (E) The Western District of Texas. 

15 SEC. 9. INCREASED PENALTY FOR ENTRY OF ALIEN AT IM16 PROPER TIME OR PLACE OR MISREPRESEN17 TATION AND CONCEALMENT OF FACTS. 

18 Section 275 of the Immigration and Nationality Act 

19 (8 U.S.C. 1325) is amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘not more than 6 months, 

22 or both’’; 

23 (B) by striking ‘‘not more than 2 years, or 

24 both’’; 


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1 (C) by inserting after ‘‘for the first com2 mission of any such offense,’’ the following: ‘‘be 

3 imprisoned for not less than 30 days and not 

4 more than 6 months, and may in addition be’’; 

5 and 

6 (D) by inserting after ‘‘for a subsequent 

7 commission of any such offense,’’ the following: 

8 ‘‘be imprisoned not less than 6 months and not 

9 more than 2 years, and may in addition be’’; 

10 and 

11 (2) by adding at the end the following: 

12 ‘‘(e) The minimum mandatory terms of imprisonment 

13 under subsection (a) shall not apply to any alien who is— 

14 ‘‘(1) a child under the age of 18; 

15 ‘‘(2) a parent traveling with a child under the 

16 age of 18; or 

17 ‘‘(3) an alien who has a life-threatening health 

18 condition.’’. 

19 SEC. 10. GLOBAL NUCLEAR DETECTION ARCHITECTURE. 

20 Section 1902(a) of the Homeland Security Act of 

21 2002 (6 U.S.C. 592(a)) is amended— 

22 (1) in paragraph (1), by inserting before the 

23 semicolon at the end the following: ‘‘particularly 

24 with respect to potential smuggling routes in land 

25 border areas between ports of entry, railcars enterVerDate Mar 15 2010 20:13 Jul 07, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5675.IH H5675

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1 ing the United States from Canada or Mexico, and 

2 private aircraft or small vessels’’; 

3 (2) by redesignating paragraphs (13) and (14) 

4 as paragraphs (14) and (15), respectively; 

5 (3) by inserting after paragraph (12) the fol6 lowing new paragraph: 

7 ‘‘(13) develop objectives to be accomplished to 

8 carry out this subsection, identify roles and respon9 sibilities for meeting such objectives, ensure that the 

10 funding necessary to achieve such objectives is avail11 able, and employ monitoring mechanisms to deter12 mine progress toward achieving such objectives;’’; 

13 and 

14 (4) in paragraph (14), as so redesignated, by 

15 striking ‘‘paragraphs (10), (11), and (12)’’ and in16 serting ‘‘this subsection’’. 

17 SEC. 11. PORTABLE RADIATION DETECTORS AND RADIO18 ACTIVE ISOTOPE IDENTIFICATION DEVICES. 

19 Not later than July 1, 2011, the Secretary of Home20 land Security shall determine the number of next genera21 tion portable radiation detectors (PRD) and radioactive 

22 isotope identification devices (RIID) required by Border 

23 Patrol agents patrolling the southern and northern bor24 ders of the United States and procure such detectors and 

25 devices. 


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1 SEC. 12. PORT SECURITY GRANTS. 

2 Section 70107(l) of title 46, United States Code, is 

3 amended to read as follows: 

4 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— 

5 ‘‘(1) FISCAL YEARS 2007 THROUGH 2011.— 

6 There are authorized to be appropriated 

7 $400,000,000 for each of fiscal years 2007 through 

8 2011 to carry out this section. 

9 ‘‘(2) FISCAL YEARS 2012 THROUGH 2014.— 

10 There are authorized to be appropriated not less 

11 than $500,000,000 for each of fiscal years 2012 

12 through 2014 to carry out this section.’’. 

13 SEC. 13. STRATEGIC PLAN TO DETECT AND INTERDICT BIO14 LOGICAL AND CHEMICAL WEAPONS. 

15 (a) IN GENERAL.— 

16 (1) DEVELOPMENT.—Not later than July 1, 

17 2011, the Secretary of Homeland Security shall de18 velop a strategic plan (hereinafter in this section re19 ferred to as the ‘‘Plan’’) to detect and interdict bio20 logical and chemical weapons entering the United 

21 States. 

22 (2) IMPLEMENTATION.—The Secretary shall 

23 complete implementation of the Plan not later than 

24 July 1, 2014. 

25 (b) REPORTS TO CONGRESS.— 


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1 (1) INITIAL REPORT.—Not later than July 1, 

2 2011, the Secretary shall submit to Congress a re3 port that describes the Plan. 

4 (2) ANNUAL REPORT.—Beginning on July 1, 

5 2012, and annually thereafter, the Secretary shall 

6 submit reports to Congress on the implementation of 

7 the Plan. 

Æ 


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