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 con-
cerned 
A BILL 
To improve border security and to increase prosecutions and 
penalties for illegal entry into the United States, to pre-
vent and combat the smuggling of weapons of mass 
destruction into the United States, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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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 sub-
section 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 Immi-
grant 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 strik-
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ing ‘‘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 pre-
ceding fiscal year as follows: 
(1) Three thousand such agents for fiscal year 
2011 (with 2,500 such agents deployed to the south-
ern 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 south-
ern 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 south-
ern 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 south-
ern border and 200 such agents deployed to the 
northern border). 
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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 pre-
ceding 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 SECU-
RITY RELATED TO BORDER SECURITY. 
On public lands of the United States, neither the Sec-
retary 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 de-
fined in section 2(b) of the Secure Fence Act of 2006 (8 
U.S.C. 1701 note; Public Law 109–367)). 
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SEC. 8. OPERATION STREAMLINE. 
(a) CAPACITY EXPANDED.—To the extent necessary 
to double the number of Operation Streamline prosecu-
tions 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 depu-
ties, clerical assistants, and employees otherwise ap-
pointed 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 de-
scribed in subsection (b)(2) may appoint under sec-
tion 631 of title 28, United States Code, in addition 
to magistrate judges otherwise appointed under such 
section, 1 magistrate judge who meets the qualifica-
tions 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 addi-
tion to law clerks otherwise appointed under such 
section, 1 law clerk. 
(b) OPERATION STREAMLINE PROSECUTIONS.— 
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(1) DEFINITION.—For purposes of this section, 
an ‘‘Operation Streamline prosecution’’ is any crimi-
nal prosecution of an alien for an offense under sec-
tion 275 of the Immigration and Nationality Act (8 
U.S.C. 1325) in any district court described in para-
graph (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 IM-
PROPER TIME OR PLACE OR MISREPRESEN-
TATION 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’’; 
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(C) by inserting after ‘‘for the first com-
mission 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 enter-
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ing 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 fol-
lowing new paragraph: 
‘‘(13) develop objectives to be accomplished to 
carry out this subsection, identify roles and respon-
sibilities for meeting such objectives, ensure that the 
funding necessary to achieve such objectives is avail-
able, and employ monitoring mechanisms to deter-
mine progress toward achieving such objectives;’’; 
and 
(4) in paragraph (14), as so redesignated, by 
striking ‘‘paragraphs (10), (11), and (12)’’ and in-
serting ‘‘this subsection’’. 
SEC. 11. PORTABLE RADIATION DETECTORS AND RADIO-
ACTIVE ISOTOPE IDENTIFICATION DEVICES. 
Not later than July 1, 2011, the Secretary of Home-
land Security shall determine the number of next genera-
tion portable radiation detectors (PRD) and radioactive 
isotope identification devices (RIID) required by Border 
Patrol agents patrolling the southern and northern bor-
ders of the United States and procure such detectors and 
devices. 
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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 BIO-
LOGICAL AND CHEMICAL WEAPONS. 
(a) IN GENERAL.— 
(1) DEVELOPMENT.—Not later than July 1, 
2011, the Secretary of Homeland Security shall de-
velop a strategic plan (hereinafter in this section re-
ferred to as the ‘‘Plan’’) to detect and interdict bio-
logical 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.— 
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(1) INITIAL REPORT.—Not later than July 1, 
2011, the Secretary shall submit to Congress a re-
port 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. 
Æ 
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