‘‘(D) The estimated number of individuals 
traveling to the United States border outside of 
standard trade and travel routes as determined 
by intelligence and other sources. 
‘‘(E) Any other such threshold the Sec-
retary determines appropriate. 
‘‘(3) NOTIFICATIONS TO CONGRESS.— 
‘‘(A) IN
GENERAL.—Not later than 45 
days after the date of the enactment of this 
Act, the Secretary shall notify the appropriate 
congressional committees of the finalization of 
the metric thresholds required under paragraph 
(1)(A). 
‘‘(B) UPDATING METRIC THRESHOLDS.— 
Not later than 14 days after the Secretary up-
dates such metric thresholds, the Secretary 
shall notify the appropriate congressional com-
mittees of such update. 
‘‘(d) AFTER-ACTION REVIEW.—The Secretary shall 
develop a process, including policies and procedures, to ini-
tiate and conduct an after-action review of the efforts of 
the Department in response to an irregular migration 
surge at the border that presents risks to border security. 
The review shall— 
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‘‘(1) be conducted at the conclusion of such a 
surge in which the Response Plan has been activated 
by the Secretary; and 
‘‘(2) include a consideration of any necessary 
changes, including allocation of resources and 
changes in authority, law, or policy to improve the 
ability of the Department to respond to future irreg-
ular migration surges at the border and mititgate 
the risks to border security from such surges. 
‘‘(e) UPDATING RESPONSE PLAN.—The Secretary 
shall— 
‘‘(1) periodically update the Response Plan and 
the appropriate metric thresholds to activate the Re-
sponse Plan; and 
‘‘(2) consider the most recent action-after re-
view required under subsection (d) for such an up-
date. 
‘‘(f) BRIEFING TO CONGRESS.—If the Secretary acti-
vates the Response Plan pursuant to subsection (c)(1)(B), 
not later than 14 days after such activation, the Secretary 
shall— 
‘‘(1) brief the appropriate congressional com-
mittees with respect to such activation; and 
‘‘(2) include with such briefing an assessment 
with respect to whether there is a need to obligate 
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and expend amounts available from the Irregular 
Migration Surge Border Response Fund, established 
pursuant to subsection (g). 
‘‘(g) IRREGULAR MIGRATION SURGE BORDER RE-
SPONSE FUND.— 
‘‘(1) CREATION OF FUND.—There is established 
in the Treasury of the United States a fund to be 
known as the ‘Irregular Migration Surge Border Re-
sponse Fund’ (referred to in this section referred to 
as the ‘Fund’), consisting of amounts appropriated 
pursuant to the authorization of appropriations in 
paragraph (4). 
‘‘(2) INVESTMENT OF AMOUNTS.— 
‘‘(A) IN GENERAL.—The Secretary of the 
Treasury shall invest such portion of the Fund 
as is not required to meet current withdrawals 
in interest-bearing obligations of the United 
States or in obligations guaranteed as to both 
principal and interest by the United States. 
‘‘(B) INTEREST AND PROCEEDS.—The in-
terest on, and the proceeds from the sale or re-
demption of, any obligations held in the Fund 
shall be credited to and form a part of the 
Fund. 
‘‘(3) USE OF FUNDS.— 
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‘‘(A) IN
GENERAL.—The Secretary may 
only obligate and expend amounts available in 
the Fund— 
‘‘(i) if the Secretary activates the Re-
sponse 
Plan 
pursuant 
to 
subsection 
(a)(4)(A); and 
‘‘(ii) for the purposes described in 
subparagraph (B). 
‘‘(B) PURPOSES.—The purposes described 
in this subparagraph are the following: 
‘‘(i) Replenishing the depletion of 
consumables, personal protective equip-
ment, medical supplies and equipment, 
transportation equipment, and personnel 
overtime funds. 
‘‘(ii) Expanding temporary Depart-
ment processing capacity, long-term hold-
ing capacity, and transportation services 
for individuals at the border in the custody 
of the Department or partner agencies. 
‘‘(iii) Ensuring timely communication 
and transportation between the agencies of 
the Department, or with partner agencies, 
with respect to the transfer of individuals 
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at the border in the custody of the Depart-
ment. 
‘‘(iv) Requesting interagency assist-
ance and detailing Department personnel 
in order to respond to an irregular migra-
tion surge. 
‘‘(4) REMAINING AMOUNTS.— 
‘‘(A) IN GENERAL.—Amounts in the Fund 
shall remain available until expended. 
‘‘(B) EXCEPTION.—Amounts remaining in 
the Fund at the end of fiscal year 2025 shall 
be returned to the general fund of the Treas-
ury. 
‘‘(5) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Ir-
regular Migration Surge Border Response Fund 
$1,000,000,000 in fiscal year 2022 and such sums 
as are necessary to maintain a balance of 
$1,000,000,000 for each fiscal year from 2022 
through 2025. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional com-
mittees’ means— 
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‘‘(A) the Committee on Homeland Security 
of the House of Representatives; and 
‘‘(B) the Committee on Homeland Security 
and Governmental Affairs of the Senate. 
‘‘(2) BORDER.—The term ‘border’ means the 
international land borders of the United States. 
‘‘(3) CBP.—The term ‘CBP’ means U.S. Cus-
toms and Border Protection. 
‘‘(4) ICE.—The term ‘ICE’ means U.S. Immi-
gration and Customs Enforcement. 
‘‘(5) IRREGULAR MIGRATION SURGE.—The term 
‘irregular migration surge’ means a significant in-
crease or a sustained large number of Department 
encounters with individuals at the border that— 
‘‘(A) do not use the formal immigration 
system of countries they are traveling through; 
and 
‘‘(B) are traveling to, or attempting to 
enter, the United States illegally. 
‘‘(6) PUBLIC HEALTH EMERGENCY.—The term 
‘public health emergency’ means a public health 
emergency declared by the Secretary of Health and 
Human Services pursuant to section 319 of the Pub-
lic Health Service Act (42 U.S.C. 247d).’’. 
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(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 is 
amended by inserting after the item relating to section 
436 the following new item: 
‘‘Sec. 437. Irregular Migration Surge Border Response Plan and Fund.’’. 
Æ 
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