,,ii  #aagth ,,congress  #ast ,session  
,s4 #aidi  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,may #bg1      
#bjba,mr4 ,portman 7for himself and ,mr4
 ,kelly7 introduced the following bill2 
which was read twice and referred to the
 ,committee on ,homeland ,security and  
,governmental ,affairs  ,a ,,bill  ,to  
direct the ,secretary of ,homeland      
,security to establish a plan to respond
 to irregular migration at the border1  
to establish an irregular migration     
border response fund1 and for other     
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,border ,response   
,resilience ,act4  #b4 ,irregular       
migration 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        
following3  #dcg4 ,irregular migration  
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 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-- 7i7 to enhance 
security and reinforce infrastructure of
 the ,department along the border2  7ii7
 to maximize the use of ,border ,patrol 
,processing ,coordinators to assist with
 processing individuals in the custody  
of the ,department at the border2 and   
7iii7 to 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-- 7i7 to identify needed        
personnel and detail such personnel to  
the border2  7ii7 to request interagency
 assistance for the border2  7iii7 to   
quickly expand temporary processing and 
holding capacity to respond to an       
irregular migration event at the border2
 and  7iv7 to track and keep the        
,secretary informed of the metrics      
identified under 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 event at the border4
  7,f7 ,a strategy to ensure that an    

individual at the border in the custody 
of the ,department is not released into 
the ,united ,states during a public     
health emergency if the individual has a
 communicable disease directly relating 
to the public health emergency4  7,g7 ,a
 strategy1 for the purpose of public    
safety1 to inform and coordinate with   
other ,federal agencies1 nongovernmental
 organizations1 and relevant            
transportation companies with respect to
 any release at the border of an        
individual from the custody of the      
,department4  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
 ,u4,s4 ,customs and ,border ,protection
 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 the methods and use of technology  
to organize and encourage irregular     
migration and undermine border security2
 and  7v7 any other information the     
,secretary determines appropriate4  7b7 
,department coordination  7#a7          
,partnerships  7,a7 ,in general ,the    
,secretary shall direct the participants
 in the ,response ,plan 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 ,rule of construction    
,nothing in this section may be         
construed to require participants in the
 ,response ,plan to share the           
information or status of any individual4
  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 ,u4,s4 ,customs and ,border  
,protection1 ,u4,s4 ,immigration and    
,customs ,enforcement1 and any other    
appropriate agency in preparation for or
 during an irregular migration event 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             
identification1 activation1 and         
deactivation ,the ,secretary shall--    
7,a7 identify metric thresholds required
 to activate the ,response ,plan2  7,b7 
activate the ,response ,plan when one or
 more such thresholds are exceeded2 and 
7,c7 deactivate the ,response ,plan when
 one or more thresholds are no longer   
met4  7#b7 ,elements ,the metric        

thresholds to be considered by the      
,secretary pursuant to paragraph 7#a7   
shall include the following3 7,a7 ,the  
average amount of time an individual at 
the border is in the custody of ,u4,s4  
,customs and ,border ,protection1       
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 ,the estimated number of 
individuals at the southern border of   
the ,united ,states who are seeking     
food1 shelter1 or medical care due to a 
natural disaster or other humanitarian  
crisis in their home countries4  7,f7   
,any other such threshold the ,secretary
 considers appropriate4  7#c7           
,notifications to ,congress  7,a7 ,in   
general ,not later than #ij days after  
the date of the enactment of this       
section1 the ,secretary shall-- 7i7     
publish in the ,federal ,register the   
final of metric thresholds required     
under paragraph 7#a77;,a72 and  7ii7    
notify the appropriate committees of    
,congress of such publication4  7,b7    
,updates ,not later than #ad days after 
the ,secretary updates such metric      
thresholds1 the ,secretary shall notify 
the appropriate committees of ,congress 
of such update4  7d7 ,after-,action     
review  7#a7 ,in general ,the ,secretary
 shall-- 7,a7 develop a process1        

including policies and procedures1 for  
initiating and conducting an            
after-action review of the efforts of   
the ,department in response to an       
irregular migration event at the border 
that poses a risk to border security2   
and  7,b7 conduct such a review at the  
conclusion of any irregular migration   
event for which the ,response ,plan has 
been activated4  7#b7 ,elements ,each   
such review shall include the following3
 7,a7 ,an assessment of any changes     
necessary1 including adjustments in the 
allocation of resources and             
modifications to authority1 law1 or     
policy-- 7i7 to improve the ability of  
the ,department to respond to future    
irregular migration events at the       
border2 and  7ii7 to mitigate the risks 
to border security posed by irregular   
migration events4  7,b7 ,recommendations
 on reforms necessary to enable the     
,department to better coordinate with   
other ,federal agencies and             
nongovernmental organizations on cases  

of individuals requesting asylum in the 
,united ,states4  7#c7 ,report  7,a7 ,in
 general ,not later than #ij days after 
the completion of each after-action     
review1 the ,secretary shall submit to  
the appropriate committees of ,congress 
a report on the results of the review4  
7,b7 ,form ,a report required under     
subparagraph 7,a7 shall be submitted in 
unclassified form but may contain a     
classified annex4  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 committees of     
,congress 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 ,border ,response 
,fund1 established pursuant to          
subsection 7g74  7g7 ,irregular         
,migration ,border ,response ,fund  7#a7
 ,establishment ,there is established in
 the ,treasury of the ,united ,states a 
fund to be known as the ,irregular      
,migration ,border ,response ,fund      
7referred to in this section as the     
,fund71 consisting of amounts           
appropriated pursuant to paragraph 7#e74
  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 7c77#a77;,b72 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 capacity4  7iii7 ,improving  
and ensuring-- 7,i7 age-appropriate and 
family-appropriate shelter capacity2 and
  7,,ii7 the safety of1 and             
transportation and telecommunications   
services for1 individuals at the border 
in the custody of the ,department or    

partner agencies4  7iv7 ,coordinating   
with and providing funding for          
nongovernmental organizations4  7v7     
,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  7vi7       
,requesting interagency assistance and  
detailing ,department personnel in order
 to respond to an irregular migration   
event4  7vii7 ,providing appropriate and
 accessible health care1 including      
mental health care1 for all individuals 
at the border in the custody of the     
,department4  7viii7 ,providing         
appropriate trauma-informed care for    
unaccompanied alien children 7as defined
 in section #dfb7;g77 at the border in  
the custody of the ,department4  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 ,border ,response ,fund--    
7,a7 #a1jjj1jjj1jjj for fiscal year     
#bjbb2 and  7,b7 such sums as are       
necessary to maintain a balance of      
#a1jjj1jjj1jjj for each of fiscal years 
#bjbb through #bjbe4  7h7 ,definitions  
,in this section3 7#a7 ,appropriate     
committees of ,congress ,the term       
appropriate committees of ,congress     
means-- 7,a7 the ,committee on ,homeland
 ,security and ,governmental ,affairs of
 the ,senate2 and  7,b7 the ,committee  
on ,homeland ,security of the ,house of 
,representatives4  7#b7 ,border ,the    
term border means the international land
 borders of the ,united ,states4  7#c7  
,irregular migration ,the term irregular
 migration means the arrival of #a or   
more individuals at the border who are  
traveling to the ,united ,states outside

 of standard trade and travel routes for
 the purpose of attempting to enter the 
,united ,states illegally4  7#d7        
,irregular migration event ,the term    
irregular migration event means a       
significant increase in1 or a sustained 
large number of1 ,department encounters 
with individuals at the border who are  
traveling to the ,united ,states outside
 of standard trade and travel routes for
 the purpose of attempting to enter the 
,united ,states illegally4  7#e7 ,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 following3 
,sec4 #dcg4 ,irregular migration border 
response plan and fund4  4