Border Response 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.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1949 Introduced in Senate (IS)]
<DOC>
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.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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