[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1949 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1949

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 27, 2021

Mr. Portman (for himself and Mr. Kelly) introduced the following bill; 
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 border, to establish an irregular 
        migration 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 Response Resilience Act''.

SEC. 2. IRREGULAR MIGRATION 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:

``SEC. 437. IRREGULAR MIGRATION 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 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--
                            ``(i) to enhance security and reinforce 
                        infrastructure of the Department along the 
                        border;
                            ``(ii) to maximize the use of Border Patrol 
                        Processing Coordinators to assist with 
                        processing individuals in the custody of the 
                        Department at the border; and
                            ``(iii) 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 procedures.
                    ``(C) A process--
                            ``(i) to identify needed personnel and 
                        detail such personnel to the border;
                            ``(ii) to request interagency assistance 
                        for the border;
                            ``(iii) to quickly expand temporary 
                        processing and holding capacity to respond to 
                        an irregular migration event at the border; and
                            ``(iv) to track and keep the Secretary 
                        informed of the metrics identified under 
                        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 event at the border.
                    ``(F) 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 emergency.
                    ``(G) A strategy, for the purpose of public safety, 
                to inform and coordinate with other Federal agencies, 
                nongovernmental organizations, and relevant 
                transportation companies with respect to any release at 
                the border of an individual from the custody of the 
                Department.
                    ``(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 U.S. Customs and 
                        Border Protection 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) the methods and use of technology to 
                        organize and encourage irregular migration and 
                        undermine border security; and
                            ``(v) any other information the Secretary 
                        determines appropriate.
    ``(b) Department Coordination.--
            ``(1) Partnerships.--
                    ``(A) In general.--The Secretary shall direct the 
                participants in the Response Plan 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.
                    ``(B) 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 
                individual.
            ``(2) Ongoing intelligence analysis.--The Secretary shall 
        identify and implement the appropriate process to coordinate 
        information sharing between the Office of Intelligence and 
        Analysis, U.S. Customs and Border Protection, U.S. Immigration 
        and Customs Enforcement, 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 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, activation, and 
        deactivation.--The Secretary shall--
                    ``(A) identify metric thresholds required to 
                activate the Response Plan;
                    ``(B) activate the Response Plan when one or more 
                such thresholds are exceeded; and
                    ``(C) deactivate the Response Plan when one or more 
                thresholds are no longer met.
            ``(2) Elements.--The metric thresholds to be considered by 
        the Secretary pursuant to paragraph (1) shall include the 
        following:
                    ``(A) The average amount of time an individual at 
                the border is in the custody of U.S. Customs and Border 
                Protection, 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) The estimated number of individuals at the 
                southern border of the United States who are seeking 
                food, shelter, or medical care due to a natural 
                disaster or other humanitarian crisis in their home 
                countries.
                    ``(F) Any other such threshold the Secretary 
                considers appropriate.
            ``(3) Notifications to congress.--
                    ``(A) In general.--Not later than 90 days after the 
                date of the enactment of this section, the Secretary 
                shall--
                            ``(i) publish in the Federal Register the 
                        final of metric thresholds required under 
                        paragraph (1)(A); and
                            ``(ii) notify the appropriate committees of 
                        Congress of such publication.
                    ``(B) Updates.--Not later than 14 days after the 
                Secretary updates such metric thresholds, the Secretary 
                shall notify the appropriate committees of Congress of 
                such update.
    ``(d) After-Action Review.--
            ``(1) In general.--The Secretary shall--
                    ``(A) develop a process, including policies and 
                procedures, 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 security; and
                    ``(B) conduct such a review at the conclusion of 
                any irregular migration event for which the Response 
                Plan has been activated.
            ``(2) Elements.--Each such review shall include the 
        following:
                    ``(A) An assessment of any changes necessary, 
                including adjustments in the allocation of resources 
                and modifications to authority, law, or policy--
                            ``(i) to improve the ability of the 
                        Department to respond to future irregular 
                        migration events at the border; and
                            ``(ii) to mitigate the risks to border 
                        security posed by irregular migration events.
                    ``(B) 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 
                States.
            ``(3) Report.--
                    ``(A) In general.--Not later than 90 days after the 
                completion of each after-action review, the Secretary 
                shall submit to the appropriate committees of Congress 
                a report on the results of the review.
                    ``(B) Form.--A report required under subparagraph 
                (A) shall be submitted in unclassified form but may 
                contain a classified annex.
    ``(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 committees of Congress 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 Border Response Fund, 
        established pursuant to subsection (g).
    ``(g) Irregular Migration Border Response Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a fund to be known as the `Irregular 
        Migration Border Response Fund' (referred to in this section as 
        the `Fund'), consisting of amounts appropriated pursuant to 
        paragraph (5).
            ``(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 (c)(1)(B); 
                        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.
                            ``(iii) Improving and ensuring--
                                    ``(I) age-appropriate and family-
                                appropriate shelter capacity; and
                                    ``(II) the safety of, and 
                                transportation and telecommunications 
                                services for, individuals at the border 
                                in the custody of the Department or 
                                partner agencies.
                            ``(iv) Coordinating with and providing 
                        funding for nongovernmental organizations.
                            ``(v) 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.
                            ``(vi) Requesting interagency assistance 
                        and detailing Department personnel in order to 
                        respond to an irregular migration event.
                            ``(vii) Providing appropriate and 
                        accessible health care, including mental health 
                        care, for all individuals at the border in the 
                        custody of the Department.
                            ``(viii) Providing appropriate trauma-
                        informed care for unaccompanied alien children 
                        (as defined in section 462(g)) at the border in 
                        the custody of the Department.
            ``(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 Border 
        Response Fund--
                    ``(A) $1,000,000,000 for fiscal year 2022; and
                    ``(B) such sums as are necessary to maintain a 
                balance of $1,000,000,000 for each of fiscal years 2022 
                through 2025.
    ``(h) Definitions.--In this section:
            ``(1) Appropriate committees of congress.--The term 
        `appropriate committees of Congress' means--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    ``(B) the Committee on Homeland Security of the 
                House of Representatives.
            ``(2) Border.--The term `border' means the international 
        land borders of the United States.
            ``(3) Irregular migration.--The term `irregular migration' 
        means the arrival of 1 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 illegally.
            ``(4) Irregular migration event.--The term `irregular 
        migration event' means a significant increase in, or a 
        sustained large number of, 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 illegally.
            ``(5) 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:

``Sec. 437. Irregular migration border response plan and fund.''.
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