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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Meningococcal Vaccination Act of 
2004''.

SEC. 2. VACCINATION REQUIREMENTS.

    Part G of title IV of the Higher Education Act of 1965 is amended 
by inserting after section 485C (20 U.S.C. 1092c) the following new 
section:

``SEC. 485D. VACCINATION REQUIREMENTS.

    ``(a) Definitions.--As used in this section:
            ``(1) The term `enrolled' means having registered for a 
        credit or noncredit course.
            ``(2) The term `postsecondary institution' means a school 
        of post-secondary education that generally limits enrollment to 
        graduates of secondary schools and awards degrees at the 
        associate, baccalaureate, or graduate level.
            ``(3) The term `meningococcal vaccination' means receipt of 
        the vaccine protecting against at least the four serogroups of 
        A, C, Y, and W-135 of meningococcal disease within the 3 years 
        preceding the date on which the individual moves into on-campus 
        student housing.
            ``(4) The term `on-campus student housing' means housing 
        provided to individuals, regardless of the fee, that is owned, 
        rented, or contracted for and operated by a postsecondary 
        institution, or through written agreement, with an agent of the 
        postsecondary institution.
    ``(b) Required Meningococcal Vaccination.--Except as provided in 
subsection (c), an individual enrolled in a postsecondary institution 
living in on-campus student housing shall--
            ``(1) obtain a meningococcal vaccination; and
            ``(2) submit written documentation to the postsecondary 
        institution from a health care professional or clinic of 
        receipt of a meningococcal vaccination.
    ``(c) Notification of Required Meningococcal Vaccination.--A 
postsecondary institution shall--
            ``(1) inform an individual or the parent or guardian of an 
        individual younger than 18 years old of the requirement for 
        meningococcal vaccination at the time the individual--
                    ``(A) is accepted for admission to a postsecondary 
                institution; or
                    ``(B) registers for classes, if the individual is 
                not required to apply for admission before registering 
                for courses;
            ``(2) include notice of the requirement for meningococcal 
        vaccination in--
                    ``(A) admission acceptance information;
                    ``(B) student health-related information and 
                materials;
                    ``(C) resident life information and materials;
                    ``(D) the student handbook; and
                    ``(E) the college catalog; and
            ``(3) provide detailed information to an individual who 
        resides or may reside in on-campus student housing or the 
        parent or guardian of an individual younger than 18 years old 
        who resides or may reside in on-campus student housing 
        concerning--
                    ``(A) the risks associated with meningococcal 
                disease; and
                    ``(B) the availability and effectiveness of 
                meningococcal vaccine.
    ``(d) Exemption From Meningococcal Vaccination Requirement.--
            ``(1) Adults.--An individual 18 years old or older is 
        exempt from the meningococcal vaccination requirement under 
        section 3 if the individual presents to the postsecondary 
        institution a signed written waiver in the form required by 
        section 6 stating that the individual has--
                    ``(A) received and reviewed the information 
                specified in section 4; and
                    ``(B) chosen not to obtain the meningococcal 
                vaccination.
            ``(2) Minors.--An individual younger than 18 years old is 
        exempt from the meningococcal vaccination requirement under 
        section 3 if a signed written waiver in the form required by 
        section 6 is presented to the postsecondary institution on 
        behalf of the individual stating that a parent or guardian of 
        the individual has--
                    ``(A) received and reviewed the information 
                specified in section 4; and
                    ``(B) chosen not to have the individual obtain the 
                meningococcal vaccination.
    ``(e) Waiver Form.--
            ``(1) Adults.--A waiver form for an individual 18 years old 
        or older shall--
                    ``(A) state that the individual--
                            ``(i) is 18 years old or older;
                            ``(ii) has received and reviewed the 
                        information provided by the postsecondary 
                        institution on the risk of meningococcal 
                        disease and the availability and effectiveness 
                        of meningococcal vaccine; and
                            ``(iii) chooses to waive the receipt of 
                        meningococcal vaccine; and
                    ``(B) provide spaces for the--
                            ``(i) printed name of the individual;
                            ``(ii) signature of the individual; and
                            ``(iii) date.
            ``(2) Minors.--A waiver form for an individual younger than 
        18 years old shall--
                    ``(A) state that--
                            ``(i) the individual is younger than 18 
                        years old;
                            ``(ii) the parent or guardian of the 
                        individual has received and reviewed the 
                        information provided by the postsecondary 
                        institution on the risk of meningococcal 
                        disease and the availability and effectiveness 
                        of meningococcal vaccine; and
                            ``(iii) the parent or guardian of the 
                        individual chooses to waive the receipt of 
                        meningococcal vaccine for the individual; and
                    ``(B) provide spaces for the--
                            ``(i) printed name of the individual;
                            ``(ii) printed name of the parent or 
                        guardian;
                            ``(iii) signature of the parent or 
                        guardian; and
                            ``(iv) date.
    ``(f) Payment for Inoculation.--Nothing in this section shall be 
construed to require a postsecondary institution or a local public 
health agency to provide or pay for a meningococcal vaccination.''.
Meningococcal Vaccination Act of 2004 - Amends the Higher Education Act of 1965 to require entering students who will reside in on-campus housing at postsecondary institutions to have received meningococcal vaccinations.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flexibility for Individual 
Excellence in Education Act of 2007''.

SEC. 2. MODIFICATION TO AMENDMENTS MADE BY NO CHILD LEFT BEHIND ACT OF 
              2001.

    (a) Modifications to Highly Qualified Teacher Standard.--
            (1) Middle or secondary teachers new to profession may use 
        college minor.--Subclause (II) of section 9101(23)(B)(ii) of 
        the Elementary and Secondary School Act of 1965 (20 U.S.C. 
        7801(23)(B)(ii)) is amended by inserting ``or minor'' after 
        ``academic major''.
            (2) Extent time teaching is considered.--Subclause (V) of 
        section 9101(23)(C)(ii) of such Act (20 U.S.C. 7801(23)(C)(ii)) 
        is amended by striking ``not be based primarily on'' and 
        inserting ``not be based solely on''.
    (b) Extension Until 2011-12 School Year for Rural Schools To Meet 
All Highly Qualified Teacher Standards; Additional $50 Million 
Authorized To Help Rural Schools Meet Standards.--
            (1) Extension.--Subsection (a) of section 1119 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) 
        is amended by adding at the end the following new paragraph:
            ``(4) Rural school districts.--
                    ``(A) In general.--Notwithstanding the deadline 
                described in paragraphs (2) and (3), a plan developed 
                by a State educational agency or a local educational 
                agency under this subsection shall ensure that all 
                teachers who are described in such paragraphs, but are 
                teaching in a rural school district, are highly 
                qualified not later than the end of the 2011-2012 
                school year.
                    ``(B) Definition.--For purposes of this paragraph, 
                the term `rural school district' means a local 
                educational agency that--
                            ``(i) meets the eligibility criteria 
                        described in section 6211(b), including by 
                        obtaining a waiver under paragraph (2) of such 
                        section; and
                            ``(ii) employs a percentage of teachers who 
                        are not highly qualified that is higher than 
                        the corresponding percentage for the State 
                        involved.''.
            (2) Additional funding.--Section 6234 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7355c) is amended--
                    (A) by striking ``There are'' and inserting ``(a) 
                In General.--There are''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) Additional Funding.--For the purpose of making grants under 
subpart 2 to be used for teacher recruitment, retention, and 
professional development activities described in section 6222(a) in 
rural school districts (as defined in section 1119(a)(4)), there are 
authorized to be appropriated $50,000,000 for fiscal year 2008 and such 
sums as may be necessary for each of the 4 following fiscal years. Such 
authorization shall be in addition to the authorization in subsection 
(a).''.
    (c) Highly Qualified Teacher Rules Limited to Teachers of Core 
Subjects.--
            (1) Title I of the Elementary and Secondary Education Act 
        of 1965 is amended by adding at the end the following new 
        section:

``SEC. 1005. HIGHLY QUALIFIED TEACHER CONCEPT LIMITED TO TEACHERS OF 
              CORE SUBJECTS.

    ``Notwithstanding any other provision of this Act, any reference in 
this Act to highly qualified teachers shall be deemed to refer only to 
teachers in core subjects.''.
            (2) The table of contents of such Act is amended by 
        inserting after the item relating to section 1004 the following 
        new item:

``Sec. 1005. Highly qualified teacher concept limited to teachers of 
                            core subjects.''.
    (d) Students With Disabilities Assessed at the Level of Instruction 
in Compliance With Their Individualized Education Plan.--Clause (ix) of 
section 1111(b)(3)(C) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(b)(3)(C)) is amended by striking ``and'' at the 
end of subclause (II), by adding ``and'' at the end of subclause (III), 
and by adding at the end the following new subclause:
                                    ``(IV) at the discretion of the 
                                State, the assessment of students with 
                                disabilities (as defined in section 
                                602(3) of the Individuals with 
                                Disabilities Education Act) whose 
                                instructional level in the core 
                                academic subjects is below the grade 
                                level in which the student is enrolled, 
                                by using the State assessment 
                                determined by the student's 
                                individualized education program team 
                                (as described in section 614(d)(1)(B) 
                                of such Act) to most closely correspond 
                                to the student's instructional 
                                level;''.
    (e) Use of Growth Models and Multiple Measures in Determining 
Adequate Yearly Progress.--
            (1) Growth models.--Clause (iii) of section 1111(b)(2)(C) 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6311(b)(2)(C)) is amended by striking ``for all 
        students'' and inserting ``for all students, as demonstrated by 
        measures of students' progress toward proficiency, including 
        longitudinal growth''.
            (2) Multiple measures.--Subparagraph (A) of section 
        1111(b)(2) of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6311(b)(2)) is amended by striking ``and'' at 
        the end of clause (ii), by striking the period at the end of 
        clause (iii) and inserting ``; and'', and by adding at the end 
        the following new clause:
                            ``(iv) include multiple measures of student 
                        academic achievement, such as the proportion of 
                        State report card indicators met, a performance 
                        index score, student drop-out rate, and a 
                        measure based on individual student achievement 
                        gains over time, disaggregated by each of the 
                        groups of students described in subparagraph 
                        (C)(v).''.
    (f) Adequate Yearly Progress Determined by Group and Subject.--
            (1) Identification of schools in need of improvement.--
                    (A) Subparagraph (A) of section 1116(b)(1) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6316(b)(1)) is amended by striking ``that 
                fails'' and inserting ``if the same group of students 
                described in section 1111(b)(2)(C)(v) fails in the same 
                academic subject''.
                    (B) Subparagraph (C) of such section is amended by 
                striking ``almost every student in each group specified 
                in section 1111(b)(2)(C)(v) enrolled in such school is 
                meeting or exceeding the State's proficient level of 
                academic achievement'' and inserting ``almost every 
                student in each group enrolled in such school for which 
                there is such a failure in an academic subject is 
                meeting or exceeding the State's proficient level of 
                academic achievement in such subject''.
            (2) Failure to make adequate yearly progress during first 
        year after identification.--So much of the text of paragraph 
        (5) of section 1116(b) of such Act as precedes subparagraph (A) 
        is amended to read as follows: ``If, by the end of the first 
        full school year after identification under paragraph (1) of a 
        school served under this part, any group of students that met 
        the requirements for such identification in an academic subject 
        fails to make adequate yearly progress in such subject, as set 
        out in the State's plan under section 1111(b)(2), the local 
        educational agency serving such school--''.
            (3) Failure to make adequate yearly progress during second 
        year after identification.--So much of the text of subparagraph 
        (C) of section 1116(b)(7) of such Act as precedes clause (i) is 
        amended to read as follows: ``If, by the end of the second full 
        school year after identification under paragraph (1) of a 
        school served under this part, any group of students that met 
        the requirements for such identification in an academic subject 
        fails to make adequate yearly progress in such subject, as set 
        out in the State's plan under section 1111(b)(2), the local 
        educational agency shall--''.
            (4) Failure to make adequate yearly progress during first 
        year after corrective action.--So much of the text of 
        subparagraph (A) of section 1116(b)(8) of such Act as precedes 
        clause (i) is amended to read as follows: ``If, after 1 full 
        year of corrective action under paragraph (7), any group of 
        students (at the school subject to such corrective action) that 
        met the requirements for identification under paragraph (1) in 
        an academic subject continues to fail to make adequate yearly 
        progress in such subject, then the local educational agency 
        shall--''.
    (g) Needs Improvement Label To Be Group and Subject Specific.--
Subparagraph (A) of section 1116(b)(1) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6316(b)(1)) is amended by adding at 
the end the following new sentence: ``Such identification shall apply 
only to each group and subject with respect to which there is such a 
failure.''
    (h) Parental Notification of Needs Improvement To Be Group and 
Subject Specific.--Paragraph (6) of section 1116(b) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) is amended by 
striking ``of each student enrolled in an elementary school or a 
secondary school identified for school improvement under paragraph 
(1)'' and inserting ``of each student in each group of students that 
met the requirements for identification in an academic subject under 
paragraph (1)''.
    (i) Transfer Option and Supplemental Services Limited to Students 
From Failing Groups.--
            (1) Clause (i) of section 1116(b)(1)(E) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(1)(E)) 
        is amended by inserting ``in each group described in section 
        1111(b)(2)(C)(v) that met the requirements for such 
        identification'' after ``all students''.
            (2) Paragraphs (5)(A), (7)(C)(i), and (8)(A)(i) of section 
        1116(b) of such Act are each amended by inserting ``in such 
        group'' after ``all students''.
    (j) Local Educational Agencies May Choose To Offer Supplemental 
Educational Services, and Not Public School Choice, on Initial Failure 
To Make Adequate Yearly Progress.--
            (1) In general.--Subparagraph (E) of section 1116(b)(1) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6316(b)(1)) is amended to read as follows:
                    ``(E) Public school choice or supplemental 
                educational services.--In the case of a school 
                identified for school improvement under this paragraph, 
                the local educational agency shall, not later than the 
                first day of the school year following such 
                identification--
                            ``(i) provide all students in each group 
                        described in section 1111(b)(2)(C)(v) that met 
                        the requirements for such identification (and 
                        who are enrolled in the school) with the option 
                        to transfer to another public school served by 
                        the local educational agency, which may include 
                        a public charter school, that has not been 
                        identified for school improvement under this 
                        paragraph, unless such an option is prohibited 
                        by State law, or
                            ``(ii) make supplemental educational 
                        services available consistent with subsection 
                        (e)(1) to students in such group in the 
                        academic subject to which such identification 
                        relates.
                If more than 1 school served by such agency is 
                identified for school improvement under this paragraph 
                or more than 1 group of students meets the requirements 
                for such identification, such agency shall make the 
                same choice under clause (i) or (ii) for all such 
                schools and all such groups.''.
            (2) Conforming amendment.--Paragraph (5) of section 1116(b) 
        of such Act is amended to read as follows:
            ``(5) Failure to make adequate yearly progress after 
        identification.--If, by the end of the first full school year 
        after identification under paragraph (1) of a school served 
        under this part, any group of students that met the 
        requirements for such identification in an academic subject 
        fails to make adequate yearly progress in such subject, as set 
        out in the State's plan under section 1111(b)(2), the local 
        educational agency serving such school--
                    ``(A) shall continue to provide the transfer option 
                under clause (i) of paragraph (1)(E) or to make the 
                supplemental educational services available under 
                clause (ii) of such paragraph, whichever was chosen by 
                such agency,
                    ``(B) shall provide the transfer option under such 
                clause (i) or to make the supplemental educational 
                services available under such clause (ii), whichever 
                was not chosen by such agency under such paragraph; and
                    ``(C) shall continue to provide technical 
                assistance.''.
Flexibility for Individual Excellence in Education Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to alter the requirement that teachers be highly qualified by: (1) applying it only to teachers of core subjects; (2) allowing new middle or secondary school teachers to teach subjects for which they earned a college minor; (3) allowing greater consideration to be given to the time experienced teachers have spent teaching a subject; and (4) extending the deadline for rural teachers to meet such requirements.

Provides additional funding for rural teacher recruitment, retention, and professional development activities.

Allows state determinations of students' adequate yearly progress (AYP) toward state academic performance standards to: (1) assess disabled students at the instructional level most closely corresponding to their individualized education plans; and (2) use growth models and multiple measures of student achievement.

Requires local educational agencies (LEAs) to identify schools as needing improvement, corrective action, or restructuring only if they fail to make AYP in the same subject for the same group of students over the requisite period of time. Provides school transfers and supplemental services to students in the failing group, rather than to all students in an affected school. Gives LEAs the option of providing such students with supplemental services rather than transfers for the year following a school's identification as needing improvement.

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.

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.