,i  #aagth ,,congress  #ast ,session    
,h4 ,r4 #bcba  ,,in ,,the ,,house ,,of  
,,representatives  ,april #a1 #bjba ,mr4
 ,katko 7for himself1 ,mr4 ,cuellar1    
,mr4 ,mc,caul1 ,mr4 ,higgins of         
,louisiana1 ,mr4 ,guest1 ,mr4 ,van      
,drew1 ,mr4 ,norman1 ,mrs4 ,harshbarger1
 ,mr4 ,gimenez1 ,mrs4 ,miller-,meeks1   
,mrs4 ,cammack1 ,mr4 ,la,turner1 ,mr4   
,garbarino1 ,mr4 ,clyde1 and ,mr4       
,meijer7 introduced the following bill2 
which was referred to the ,committee on 
,homeland ,security  ,a ,,bill  ,to     
direct the ,secretary of ,homeland      
,security to establish a plan to respond
 to irregular migration surges at the   
border1 to establish an irregular       
migration surge border response fund1   
and for other purposes4  #a4 ,short     
title ,this ,act may be cited as the    
,border ,surge ,response and ,resilience
 ,act4  #b4 ,irregular migration surge  
border response plan and fund  7a7 ,in  
general ,subtitle ,c of title ,,iv of   
the ,homeland ,security ,act of #bjjb   

7#f ,u4,s4,c4 #bca et seq47 is amended  
by adding at the end the following new  
section3  #dcg4 ,irregular migration    
surge border response plan and fund  7a7
 ,response plan  7#a7 ,in general ,the  
,secretary1 in coordination with the    
heads of appropriate ,federal agencies1 
shall develop a plan to respond to      
irregular migration surges at the border
 that present risks to border security  
7referred to in this section as the     
,response ,plan74  7#b7 ,elements ,the  
,response ,plan shall include the       
following3  7,a7 ,the identification    
of-- 7i7 each agency1 component1 and    
office participating in the ,response   
,plan2 and  7ii7 the role1 chain of     
command1 and responsibilities1 including
 minimum acceptable response times1 of  
each such entity identified pursuant to 
clause 7i74  7,b7 ,a strategy to--  7i7 
enhance security and reinforce          
infrastructure of the ,department along 
the border2  7ii7 maximize the use of   
,border ,patrol ,processing             

,coordinators to assist with processing 
individuals in the custody of the       
,department at the border2 and  7iii7   
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 procedures4  7,c7 ,a process
 to--  7i7 identify needed personnel and
 detail such personnel to the border2   
7ii7 request interagency assistance for 
the border2  7iii7 quickly expand       
temporary processing and holding        
capacity to respond to an irregular     
migration surge at the border2 and  7iv7
 track and keep the ,secretary informed 
of the metrics identified in subsection 
7c74  7,d7 ,policies and procedures to  
ensure timely communication and         
coordination between relevant agencies  
relating to-- 7i7 the capacity of       
,department border facilities2 and  7ii7
 transferring individuals at the border 
in the custody of the ,department within

 the ,department or to other agencies4  
7,e7 ,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 border4
  7,f7 ,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 emergency1 if any such individual
 has a communicable disease relating to 
the public health emergency4  7,g7 ,a   
strategy to inform and coordinate1 for  
the purposes of public safety1 any      
release of individuals at the border    
from the custody of the ,department with
 the appropriate ,state1 ,tribal1 and   
local governments1 non-governmental     
organizations1 and relevant             
transportation companies4  7,h7 ,a      
regularly updated intelligence driven   
analysis that includes-- 7i7 trends at  
the border with respect to demographics 
and group size that could contribute to 
overcrowding of ,,cbp border facilities2

  7ii7 migrant perceptions of ,united   
,states law and policy at the border1   
including human smuggling organization  
messaging and propaganda2  7iii7        
tactics1 techniques1 and procedures used
 by human smuggling organizations to    
exploit border security vulnerabilities 
to facilitate such smuggling activities 
across the border2  7iv7 a consideration
 of historical apprehension recidivism  
rates and any fluctuation with respect  
to such rates2  7v7 the methods and use 
of technology to organize and encourage 
irregular migration and undermine border
 security2 and  7vi7 any other          
information the ,secretary determines   
appropriate4  7b7 ,department           
coordination  7#a7 ,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 agreements1 to be  
periodically updated1 to carry out the  
requirements of this section4  7#b7     

,ongoing intelligence analysis ,the     
,secretary shall identify and implement 
the appropriate process to coordinate   
information sharing between the ,office 
of ,intelligence and ,analysis1 ,,cbp1  
,,ice1 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 routes4  7#c7 ,communication
 ,the ,secretary shall identify the most
 appropriate communication structure to 
ensure immediate and continued success  
of the ,response ,plan4  7c7 ,response  
,plan activation  7#a7 ,threshold       
identification and activation ,the      
,secretary shall-- 7,a7 identify metric 
thresholds required to activate the     
,response ,plan2 and  7,b7 activate the 
,response ,plan when such thresholds are
 satisfied4  7#b7 ,elements ,the metric 
thresholds to be considered by the      
,secretary pursuant to paragraph 7#a7   

include the following3  7,a7 ,the       
average amount of time an individual at 
the border is in the custody of ,,cbp1  
disaggregated by whether such individual
 is a single adult1 a member of a family
 unit1 or an unaccompanied alien child4 
7,b7 ,the total percentage of           
individuals at the border in the custody
 of the ,department with respect to     
capacity1 disaggregated by--  7i7 field 
office or sector2 and  7ii7 whether such
 an individual in the custody of the    
,department is a single adult1 a member 
of a family unit1 or an unaccompanied   
alien child4  7,c7 ,the total percentage
 of individuals in the custody of a     
partner agency with respect to capacity1
 disaggregated by each facility holding 
such individuals4  7,d7 ,the estimated  
number of individuals traveling to the  
,united ,states border outside of       
standard trade and travel routes as     
determined by intelligence and other    
sources4  7,e7 ,any other such threshold
 the ,secretary determines appropriate4 

7#c7 ,notifications to ,congress  7,a7  
,in general ,not later than #de days    
after the date of the enactment of this 
,act1 the ,secretary shall notify the   
appropriate congressional committees of 
the finalization of the metric          
thresholds required under paragraph     
7#a77;,a74  7,b7 ,updating metric       
thresholds ,not later than #ad days     
after the ,secretary updates such metric
 thresholds1 the ,secretary shall notify
 the appropriate congressional          
committees of such update4  7d7         
,after-,action review ,the ,secretary   
shall develop a process1 including      
policies and procedures1 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    
security4 ,the review shall--  7#a7 be  
conducted at the conclusion of such a   
surge in which the ,response ,plan has  
been activated by the ,secretary2 and   
7#b7 include a consideration of any     

necessary changes1 including allocation 
of resources and changes in authority1  
law1 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 surges4  7e7         
,updating response plan ,the ,secretary 
shall-- 7#a7 periodically update the    
,response ,plan and the appropriate     
metric thresholds to activate the       
,response ,plan2 and  7#b7 consider the 
most recent action-after review required
 under subsection 7d7 for such an       
update4  7f7 ,briefing to ,congress ,if 
the ,secretary activates the ,response  
,plan pursuant to subsection            
7c77#a77;,b71 not later than #ad days   
after such activation1 the ,secretary   
shall--  7#a7 brief the appropriate     
congressional committees with respect to
 such activation2 and  7#b7 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 ,fund1 established    
pursuant to subsection 7g74  7g7        
,irregular migration surge border       
response fund  7#a7 ,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 7referred
 to in this section referred to as the  
,fund71 consisting of amounts           
appropriated pursuant to the            
authorization of appropriations in      
paragraph 7#d74  7#b7 ,investment of    
amounts  7,a7 ,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 ,states4  7,b7  
,interest and proceeds ,the interest on1
 and the proceeds from the sale or      
redemption of1 any obligations held in  

the ,fund shall be credited to and form 
a part of the ,fund4  7#c7 ,use of funds
  7,a7 ,in general ,the ,secretary may  
only obligate and expend amounts        
available in the ,fund--  7i7 if the    
,secretary activates the ,response ,plan
 pursuant to subsection 7a77#d77;,a72   
and  7ii7 for the purposes described in 
subparagraph 7,b74  7,b7 ,purposes ,the 
purposes described in this subparagraph 
are the following3 7i7 ,replenishing the
 depletion of consumables1 personal     
protective equipment1 medical supplies  
and equipment1 transportation equipment1
 and personnel overtime funds4  7ii7    
,expanding temporary ,department        
processing capacity1 long-term holding  
capacity1 and transportation services   
for individuals at the border in the    
custody of the ,department or partner   
agencies4  7iii7 ,ensuring timely       
communication and transportation between
 the agencies of the ,department1 or    
with partner agencies1 with respect to  
the transfer of individuals at the      

border in the custody of the            
,department4  7iv7 ,requesting          
interagency assistance and detailing    
,department personnel in order to       
respond to an irregular migration surge4
  7#d7 ,remaining amounts  7,a7 ,in     
general ,amounts in the ,fund shall     
remain available until expended4  7,b7  
,exception ,amounts remaining in the    
,fund at the end of fiscal year #bjbe   
shall be returned to the general fund of
 the ,treasury4  7#e7 ,authorization of 
appropriations ,there are authorized to 
be appropriated to the ,irregular       
,migration ,surge ,border ,response     
,fund #a1jjj1jjj1jjj in fiscal year     
#bjbb and such sums as are necessary to 
maintain a balance of #a1jjj1jjj1jjj for
 each fiscal year from #bjbb through    
#bjbe4  7h7 ,definitions ,in this       
section3 7#a7 ,appropriate congressional
 committees ,the term appropriate       
congressional committees means--  7,a7  
the ,committee on ,homeland ,security of
 the ,house of ,representatives2 and    

7,b7 the ,committee on ,homeland        
,security and ,governmental ,affairs of 
the ,senate4  7#b7 ,border ,the term    
border means the international land     
borders of the ,united ,states4  7#c7   
,,cbp ,the term ,,cbp means ,u4,s4      
,customs and ,border ,protection4  7#d7 
,,ice ,the term ,,ice means ,u4,s4      
,immigration and ,customs ,enforcement4 
7#e7 ,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--   
7,a7 do not use the formal immigration  
system of countries they are traveling  
through2 and  7,b7 are traveling to1 or 
attempting to enter1 the ,united ,states
 illegally4  7#f7 ,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 #cai of the ,public ,health    
,service ,act 7#db ,u4,s4,c4 #bdg;d74  4

  7b7 ,clerical amendment ,the table of 
contents in section #a7;b7 of the       
,homeland ,security ,act of #bjjb is    
amended by inserting after the item     
relating to section #dcf the following  
new item3  ,sec4 #dcg4 ,irregular       
,migration ,surge ,border ,response     
,plan and ,fund4  4