agents assigned along the northern border of the United 
States during the previous fiscal year, the Secretary shall 
assign a number of Border Patrol agents equal to not less 
than 20 percent of the net increase in Border Patrol 
agents during each such fiscal year. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary for each of fiscal years 2008 through 2012 to 
carry out this section.’’. 
(c) INVESTIGATIVE PERSONNEL.— 
(1) IMMIGRATION AND CUSTOMS ENFORCEMENT 
INVESTIGATORS.—Section 5203 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 
(Public Law 108–458; 118 Stat. 3734) is amended 
by striking ‘‘800’’ and inserting ‘‘1000’’. 
(2) ADDITIONAL PERSONNEL.—In addition to 
the positions authorized under section 5203 of the 
Intelligence Reform and Terrorism Prevention Act 
of 2004, as amended by paragraph (1), during each 
of the fiscal years 2008 through 2012, the Secretary 
shall, subject to the availability of appropriations, in-
crease by not less than 200 the number of positions 
for personnel within the Department assigned to in-
vestigate alien smuggling. 
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(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Sec-
retary such sums as may be necessary for each of 
the fiscal years 2008 through 2012 to carry out this 
section. 
(d) DEPUTY UNITED STATES MARSHALS.— 
(1) ADDITIONAL UNITED STATES MARSHALS.— 
In each of the fiscal years 2008 through 2012, the 
Attorney General shall, subject to the availability of 
appropriations, increase by not less than 50 the 
number of positions for full-time active duty Deputy 
United States Marshals that investigate criminal 
matters related to immigration. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the At-
torney General such sums as may be necessary for 
each of the fiscal years 2008 through 2012 to carry 
out paragraph (1). 
(e) RECRUITMENT OF FORMER MEMBERS OF THE 
ARMED FORCES AND MEMBERS OF RESERVE COMPO-
NENTS OF THE ARMED FORCES.— 
(1) REQUIREMENT FOR PROGRAM.—The Sec-
retary, in conjunction with the Secretary of Defense, 
shall establish a program to actively recruit covered 
members or former members of the Armed Forces to 
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serve in United States Customs and Border Protec-
tion. 
(2) REPORT ON RECRUITMENT INCENTIVES.— 
(A) REQUIREMENT.—Not later than 60 
days after the date of enactment of this Act, 
the Secretary and the Secretary of Defense 
shall jointly submit to the appropriate commit-
tees of Congress a report assessing the desir-
ability and feasibility of offering an incentive to 
a covered member or former member of the 
Armed Forces for the purpose of encouraging 
such member to serve in United States Customs 
and Border Protection. The Secretary and the 
Secretary of Defense shall assume that the cost 
of any such incentive shall be borne by the Sec-
retary. 
(B) CONTENT.—The report required by 
subparagraph (A) shall include— 
(i) an assessment of the desirability 
and feasibility of offering any incentive, in-
cluding a monetary incentive, that the Sec-
retary and the Secretary of Defense jointly 
consider appropriate, regardless of whether 
such incentive is authorized by law or reg-
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ulations on the date of enactment of this 
Act; 
(ii) a detailed assessment of the desir-
ability and feasibility of such an incentive 
that would— 
(I) encourage service in United 
States Customs and Border Protec-
tion by a covered member or a former 
member of the Armed Forces who 
provided border patrol or border secu-
rity assistance to United States Cus-
toms and Border Protection as part of 
the member’s duties as a member of 
the Armed Forces; and 
(II) leverage military training 
and experience by accelerating train-
ing, or allowing credit to be applied to 
related areas of training, required for 
service with United States Customs 
and Border Protection; 
(iii) a description of various monetary 
and non-monetary incentives considered for 
purposes of the report; 
(iv) an assessment of the desirability 
and feasibility of utilizing any such incen-
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tive for the purpose described in subpara-
graph (A); and 
(v) any other matter that the Sec-
retary and the Secretary of Defense jointly 
consider appropriate. 
(3) DEFINITIONS.—In this subsection: 
(A) APPROPRIATE COMMITTEES OF CON-
GRESS.—The term ‘‘appropriate committees of 
Congress’’ means— 
(i) the Committee on Appropriations, 
the Committee on Armed Services, and the 
Committee on Homeland Security and 
Governmental Affairs of the Senate; and 
(ii) the Committee on Appropriations, 
the Committee on Armed Services, and the 
Committee on Homeland Security of the 
House of Representatives. 
(B) COVERED MEMBER OR FORMER MEM-
BER OF THE ARMED FORCES.—The term ‘‘cov-
ered member or former member of the Armed 
Forces’’ means an individual— 
(i) who is a member of a reserve com-
ponent of the Armed Forces; or 
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(ii) who is a former member of the 
Armed Forces within 2 years of separation 
from service in the Armed Forces. 
SEC. 102. TECHNOLOGICAL ASSETS. 
(a) INCREASED AVAILABILITY OF EQUIPMENT.—The 
Secretary and the Secretary of Defense shall develop and 
implement a plan to use authorities provided to the Sec-
retary of Defense under chapter 18 of title 10, United 
States Code, to increase the availability and use of Depart-
ment of Defense equipment, including unmanned aerial 
vehicles, tethered aerostat radars, and other surveillance 
equipment, to assist the Secretary in carrying out surveil-
lance activities conducted at or near the international land 
borders of the United States to prevent illegal immigra-
tion. 
(b) REPORT.—Not later than 6 months after the date 
of enactment of this Act, the Secretary and the Secretary 
of Defense shall submit to Congress a report that con-
tains— 
(1) a description of the current use of Depart-
ment of Defense equipment to assist the Secretary 
in carrying out surveillance of the international land 
borders of the United States and assessment of the 
risks to citizens of the United States and foreign 
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policy interests associated with the use of such 
equipment; 
(2) the plan developed under subsection (b) to 
increase the use of Department of Defense equip-
ment to assist such surveillance activities; and 
(3) a description of the types of equipment and 
other support to be provided by the Secretary of De-
fense under such plan during the 1-year period be-
ginning on the date of the submission of the report. 
(c) UNMANNED
AERIAL
VEHICLE
PILOT
PRO-
GRAM.—During the 1-year period beginning on the date 
on which the report is submitted under subsection (b), the 
Secretary shall conduct a pilot program to test unmanned 
aerial vehicles for border surveillance along the inter-
national border between Canada and the United States. 
(d) CONSTRUCTION.—Nothing in this section may be 
construed as altering or amending the prohibition on the 
use of any part of the Army or the Air Force as a posse 
comitatus under section 1385 of title 18, United States 
Code. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as may be necessary for each of the fiscal years 2008 
through 2012 to carry out subsection (a). 
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SEC. 103. INFRASTRUCTURE. 
(a) CONSTRUCTION OF BORDER CONTROL FACILI-
TIES.—Subject to the availability of appropriations, the 
Secretary shall construct all-weather roads and acquire 
additional vehicle barriers and facilities necessary to 
achieve operational control of the international borders of 
the United States. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as may be necessary for each of the fiscal years 2008 
through 2012 to carry out subsection (a). 
SEC. 104. PORTS OF ENTRY. 
The Secretary is authorized to— 
(1) construct additional ports of entry along the 
international land borders of the United States, at 
locations to be determined by the Secretary; and 
(2) make necessary improvements to the ports 
of entry in existence on the date of enactment of this 
Act. 
SEC. 105. SECURE COMMUNICATION. 
The Secretary shall, as expeditiously as practicable, 
develop and implement a plan to improve the use of sat-
ellite communications and other technologies to ensure 
clear and secure 2-way communication capabilities— 
(1) among all Border Patrol agents conducting 
operations between ports of entry; 
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(2) between Border Patrol agents and their re-
spective Border Patrol stations; 
(3) between Border Patrol agents and residents 
in remote areas along the international land borders 
of the United States; and 
(4) between all appropriate border security 
agencies of the Department and State, local, and 
tribal law enforcement agencies. 
SEC. 106. UNMANNED AERIAL VEHICLES. 
(a) UNMANNED AERIAL VEHICLES AND ASSOCIATED 
INFRASTRUCTURE.—The Secretary shall acquire and 
maintain unmanned aerial vehicles and related equipment 
for use to patrol the international borders of the United 
States, including equipment such as— 
(1) additional sensors; 
(2) critical spares; 
(3) satellite command and control; and 
(4) other necessary equipment for operational 
support. 
(b) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary for each of the fiscal 
years 2008 and 2009 such sums as may be nec-
essary to carry out subsection (a). 
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(2) AVAILABILITY OF FUNDS.—Amounts appro-
priated pursuant to the authorization of appropria-
tions in paragraph (1) are authorized to remain 
available until expended. 
SEC. 107. SURVEILLANCE TECHNOLOGIES PROGRAMS. 
(a) AERIAL SURVEILLANCE PROGRAM.— 
(1) IN GENERAL.—In conjunction with the bor-
der surveillance plan developed under section 5201 
of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108–458; 8 U.S.C. 1701 
note), the Secretary, not later than 90 days after the 
date of enactment of this Act, shall develop and im-
plement a program to fully integrate and utilize aer-
ial surveillance technologies, including unmanned 
aerial vehicles, to enhance the security of the inter-
national border between the United States and Can-
ada and the international border between the United 
States and Mexico. The goal of the program shall be 
to ensure continuous monitoring of each mile of each 
such border. 
(2) ASSESSMENT AND CONSULTATION REQUIRE-
MENTS.—In developing the program under this sub-
section, the Secretary shall— 
(A) consider current and proposed aerial 
surveillance technologies; 
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(B) assess the feasibility and advisability 
of utilizing such technologies to address border 
threats, including an assessment of the tech-
nologies considered best suited to address re-
spective threats; 
(C) consult with the Secretary of Defense 
regarding any technologies or equipment, which 
the Secretary may deploy along an international 
border of the United States; and 
(D) consult with the Administrator of the 
Federal Aviation Administration regarding safe-
ty, airspace coordination and regulation, and 
any other issues necessary for implementation 
of the program. 
(3) ADDITIONAL REQUIREMENTS.— 
(A) IN GENERAL.—The program developed 
under this subsection shall include the use of a 
variety of aerial surveillance technologies in a 
variety of topographies and areas, including 
populated and unpopulated areas located on or 
near an international border of the United 
States, in order to evaluate, for a range of cir-
cumstances— 
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