SEC. 2. IRREGULAR MIGRATION SURGE BORDER RE-
SPONSE PLAN AND FUND. 
(a) IN GENERAL.—Subtitle C of title IV of the 
Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 437. IRREGULAR MIGRATION SURGE BORDER RE-
SPONSE PLAN AND FUND. 
‘‘(a) RESPONSE PLAN.— 
‘‘(1) IN GENERAL.—The Secretary, in coordina-
tion with the heads of appropriate Federal agencies, 
shall develop a plan to respond to irregular migra-
tion surges at the border that present risks to bor-
der security (referred to in this section as the ‘Re-
sponse Plan’). 
‘‘(2) ELEMENTS.—The Response Plan shall in-
clude the following: 
‘‘(A) The identification of— 
‘‘(i) each agency, component, and of-
fice participating in the Response Plan; 
and 
‘‘(ii) the role, chain of command, and 
responsibilities, including minimum accept-
able response times, of each such entity 
identified pursuant to clause (i). 
‘‘(B) A strategy to— 
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‘‘(i) enhance security and reinforce in-
frastructure of the Department along the 
border; 
‘‘(ii) maximize the use of Border Pa-
trol Processing Coordinators to assist with 
processing individuals in the custody of the 
Department at the border; and 
‘‘(iii) conduct streamlined screening 
and processing procedures of individuals in 
the custody of the Department at the bor-
der without diminishing security measures 
or normally conducted checks during such 
procedures. 
‘‘(C) A process to— 
‘‘(i) identify needed personnel and de-
tail such personnel to the border; 
‘‘(ii) request interagency assistance 
for the border; 
‘‘(iii) quickly expand temporary proc-
essing and holding capacity to respond to 
an irregular migration surge at the border; 
and 
‘‘(iv) track and keep the Secretary in-
formed of the metrics identified in sub-
section (c). 
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‘‘(D) Policies and procedures to ensure 
timely communication and coordination between 
relevant agencies relating to— 
‘‘(i) the capacity of Department bor-
der facilities; and 
‘‘(ii) transferring individuals at the 
border in the custody of the Department 
within the Department or to other agen-
cies. 
‘‘(E) A process to initiate and conduct an 
after-action review of the efforts of the Depart-
ment in response to an irregular migration 
surge at the border. 
‘‘(F) A strategy to ensure any individual at 
the border in the custody of the Department is 
not released into the United States during a 
public health emergency, if any such individual 
has a communicable disease relating to the pub-
lic health emergency. 
‘‘(G) A strategy to inform and coordinate, 
for the purposes of public safety, any release of 
individuals at the border from the custody of 
the Department with the appropriate State, 
Tribal, and local governments, non-govern-
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mental organizations, and relevant transpor-
tation companies. 
‘‘(H) A regularly updated intelligence driv-
en analysis that includes— 
‘‘(i) trends at the border with respect 
to demographics and group size that could 
contribute to overcrowding of CBP border 
facilities; 
‘‘(ii) migrant perceptions of United 
States law and policy at the border, includ-
ing human smuggling organization mes-
saging and propaganda; 
‘‘(iii) tactics, techniques, and proce-
dures used by human smuggling organiza-
tions 
to 
exploit 
border 
security 
vulnerabilities to facilitate such smuggling 
activities across the border; 
‘‘(iv) a consideration of historical ap-
prehension recidivism rates and any fluc-
tuation with respect to such rates; 
‘‘(v) the methods and use of tech-
nology to organize and encourage irregular 
migration and undermine border security; 
and 
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‘‘(vi) any other information the Sec-
retary determines appropriate. 
‘‘(b) DEPARTMENT COORDINATION.— 
‘‘(1) PARTNERSHIPS.—The Secretary shall di-
rect the participants in the Response Plan of the 
Department to enter into necessary and appropriate 
memoranda of understanding or other appropriate 
agreements, to be periodically updated, to carry out 
the requirements of this section. 
‘‘(2) ONGOING INTELLIGENCE ANALYSIS.—The 
Secretary shall identify and implement the appro-
priate process to coordinate information sharing be-
tween the Office of Intelligence and Analysis, CBP, 
ICE, and any other appropriate agency in prepara-
tion for or during an irregular migration surge at 
the border to assess the estimated number of indi-
viduals traveling to the United States border outside 
of standard trade and travel routes. 
‘‘(3) COMMUNICATION.—The Secretary shall 
identify the most appropriate communication struc-
ture to ensure immediate and continued success of 
the Response Plan. 
‘‘(c) RESPONSE PLAN ACTIVATION.— 
‘‘(1) THRESHOLD IDENTIFICATION AND ACTIVA-
TION.—The Secretary shall— 
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‘‘(A) identify metric thresholds required to 
activate the Response Plan; and 
‘‘(B) activate the Response Plan when 
such thresholds are satisfied. 
‘‘(2) ELEMENTS.—The metric thresholds to be 
considered by the Secretary pursuant to paragraph 
(1) include the following: 
‘‘(A) The average amount of time an indi-
vidual at the border is in the custody of CBP, 
disaggregated by whether such individual is a 
single adult, a member of a family unit, or an 
unaccompanied alien child. 
‘‘(B) The total percentage of individuals at 
the border in the custody of the Department 
with respect to capacity, disaggregated by— 
‘‘(i) field office or sector; and 
‘‘(ii) whether such an individual in the 
custody of the Department is a single 
adult, a member of a family unit, or an 
unaccompanied alien child. 
‘‘(C) The total percentage of individuals in 
the custody of a partner agency with respect to 
capacity, disaggregated by each facility holding 
such individuals. 
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