Border Surge Response and Resilience Act
Bill: H.R.2321 | Sponsor: Rep. Katko, John (R-NY)
Policy area: Immigration

Summary:
Border Surge Response and Resilience Act
This bill requires the Department of Homeland Security (DHS) to develop a plan for responding to irregular increases in migration at the border that present risks to border security.
The plan shall include various elements including (1) a list of each agency, component, and office involved; (2) a process for quickly expanding capacity to temporarily process and hold individuals; and (3) a strategy for coordinating with local governments and other entities when DHS releases detained individuals.
DHS must also identify metric thresholds for determining when to activate the plan and must activate the plan when such thresholds are satisfied.
Furthermore, DHS must notify Congress no later than 14 days after activating the plan.

To direct the Secretary of Homeland Security to establish a plan to 
 respond to irregular migration surges at the border, to establish an 
irregular migration surge border response fund, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Surge Response and Resilience 
Act''.

SEC. 2. IRREGULAR MIGRATION SURGE BORDER RESPONSE 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 RESPONSE PLAN AND FUND.

    ``(a) Response Plan.--
            ``(1) In general.--The Secretary, in coordination with the 
        heads of appropriate Federal agencies, shall develop a plan to 
        respond to irregular migration surges at the border that 
        present risks to border security (referred to in this section 
        as the `Response Plan').
            ``(2) Elements.--The Response Plan shall include the 
        following:
                    ``(A) The identification of--
                            ``(i) each agency, component, and office 
                        participating in the Response Plan; and
                            ``(ii) the role, chain of command, and 
                        responsibilities, including minimum acceptable 
                        response times, of each such entity identified 
                        pursuant to clause (i).
                    ``(B) A strategy to--
                            ``(i) enhance security and reinforce 
                        infrastructure of the Department along the 
                        border;
                            ``(ii) maximize the use of Border Patrol 
                        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 border without 
                        diminishing security measures or normally 
                        conducted checks during such procedures.
                    ``(C) A process to--
                            ``(i) identify needed personnel and detail 
                        such personnel to the border;
                            ``(ii) request interagency assistance for 
                        the border;
                            ``(iii) quickly expand temporary processing 
                        and holding capacity to respond to an irregular 
                        migration surge at the border; and
                            ``(iv) track and keep the Secretary 
                        informed of the metrics identified in 
                        subsection (c).
                    ``(D) Policies and procedures to ensure timely 
                communication and coordination between relevant 
                agencies relating to--
                            ``(i) the capacity of Department border 
                        facilities; and
                            ``(ii) transferring individuals at the 
                        border in the custody of the Department within 
                        the Department or to other agencies.
                    ``(E) A process to initiate and conduct an after-
                action review of the efforts of the Department 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 public 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-governmental organizations, and relevant 
                transportation companies.
                    ``(H) A regularly updated intelligence driven 
                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, including human 
                        smuggling organization messaging and 
                        propaganda;
                            ``(iii) tactics, techniques, and procedures 
                        used by human smuggling organizations to 
                        exploit border security vulnerabilities to 
                        facilitate such smuggling activities across the 
                        border;
                            ``(iv) a consideration of historical 
                        apprehension recidivism rates and any 
                        fluctuation with respect to such rates;
                            ``(v) the methods and use of technology to 
                        organize and encourage irregular migration and 
                        undermine border security; and
                            ``(vi) any other information the Secretary 
                        determines appropriate.
    ``(b) Department Coordination.--
            ``(1) Partnerships.--The Secretary shall direct 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 appropriate process to coordinate 
        information sharing between the Office of Intelligence and 
        Analysis, CBP, ICE, and any other appropriate agency in 
        preparation for or during an irregular migration surge at the 
        border to assess the estimated number of individuals traveling 
        to the United States border outside of standard trade and 
        travel routes.
            ``(3) Communication.--The Secretary shall identify the most 
        appropriate communication structure to ensure immediate and 
        continued success of the Response Plan.
    ``(c) Response Plan Activation.--
            ``(1) Threshold identification and activation.--The 
        Secretary shall--
                    ``(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 individual 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.
                    ``(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 Secretary 
                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 updates such metric 
                thresholds, the Secretary shall notify the appropriate 
                congressional committees of such update.
    ``(d) After-Action Review.--The Secretary shall develop a process, 
including policies and procedures, to initiate 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--
            ``(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 irregular 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 Response Plan; 
        and
            ``(2) consider the most recent action-after review required 
        under subsection (d) for such an update.
    ``(f) Briefing to Congress.--If the Secretary activates 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 committees with 
        respect to such activation; and
            ``(2) include with such briefing an assessment with respect 
        to whether there is a need to obligate and expend amounts 
        available from the Irregular Migration Surge Border Response 
        Fund, established pursuant to subsection (g).
    ``(g) Irregular Migration Surge Border Response 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 Response 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 interest on, and 
                the proceeds from the sale or redemption of, any 
                obligations held in the Fund shall be credited to and 
                form a part of the Fund.
            ``(3) Use of funds.--
                    ``(A) In general.--The Secretary may only obligate 
                and expend amounts available in the Fund--
                            ``(i) if the Secretary activates the 
                        Response 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 equipment, 
                        medical supplies and equipment, transportation 
                        equipment, and personnel overtime funds.
                            ``(ii) Expanding temporary Department 
                        processing capacity, long-term holding 
                        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 at the 
                        border in the custody of the Department.
                            ``(iv) Requesting interagency assistance 
                        and detailing Department personnel in order to 
                        respond to an irregular migration 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 Treasury.
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated to the Irregular 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 committees.--The term 
        `appropriate congressional committees' means--
                    ``(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. Customs and Border 
        Protection.
            ``(4) ICE.--The term `ICE' means U.S. Immigration and 
        Customs Enforcement.
            ``(5) Irregular migration surge.--The term `irregular 
        migration surge' means a significant increase 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 Public Health Service Act (42 U.S.C. 247d).''.
    (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.''.
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