[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7757 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7757
To provide for an emergency response by the Department of Homeland
Security to migration surges, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 12, 2022
Ms. Slotkin (for herself and Mr. Tony Gonzales of Texas) introduced the
following bill; which was referred to the Committee on Homeland
Security, and in addition to the Committees on Ways and Means,
Transportation and Infrastructure, and the Judiciary, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide for an emergency response by the Department of Homeland
Security to migration surges, 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 ``Emergency Migration Response Act of
2022''.
SEC. 2. EMERGENCY RESPONSE TO MIGRATION SURGES.
(a) Authority To Declare an Extraordinary Migration Event.--
(1) In general.--The President, at the request of the
Secretary of Homeland Security or a State or local government
entity, may declare an ``extraordinary migration event'' that
is of such a magnitude that an appropriate, timely, or
effective response is beyond the scope of the existing
infrastructure and staffing levels of the Department of
Homeland Security or State or local governmental resources. The
Secretary, in consultation with the heads of relevant Federal,
State, and local agencies, should establish quantitative and
qualitative parameters described in paragraph (2) to determine
if an event is an extraordinary migration event and when such a
declaration of such an event should terminate.
(2) Parameters described.--Quantitative and qualitative
parameters described in this paragraph may include the
following:
(A) The average number of border apprehensions per
week by U.S. Customs and Border Protection compared to
historical data.
(B) Staffing and resources available to the U.S.
Border Patrol operating in sectors affected by a
migrant surge.
(C) Migrant population composition.
(D) Projected or assessed changes in any of the
parameters described in this paragraph.
(3) Review and revision.--The Secretary of Homeland
Security, in consultation with the heads of relevant Federal,
State, and local agencies, should, not less frequently than
annually, review and, if appropriate, revise the quantitative
and qualitative parameters described in paragraph (2).
(4) Notification.--If a quantitative or qualitative
parameter described in paragraph (2) is revised pursuant to
paragraph (3), the Secretary of Homeland Security shall, not
later than 30 days after each such revision notify the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate of each such revision.
(b) Appointment of a Federal Coordinating Officer.--
(1) In general.--Upon the declaration of an extraordinary
migration event by the President, the President shall appoint
an official of the Department of Homeland Security to serve as
the Federal coordinating officer. Such officer shall report to
the Secretary of Homeland Security and shall--
(A) conduct an appraisal of the types of resources,
including relating to transportation, facilities,
personnel, health, and intelligence, necessary to
respond to such an event;
(B) coordinate--
(i) the administration of assistance and
support offered to the Department by other
Federal departments and agencies in response to
such an event;
(ii) activities of State and local
governments when requested by such governments
in response to such an event; and
(iii) activities of nongovernmental
organizations providing relief and assistance
operating in the area of such event and
providing services to migrants in response to
such event when requested by such
organizations; and
(C) advise the Secretary and the President
regarding appropriate timing relating to the
termination of such an event.
(2) Rule of construction.--Nothing in paragraph (1) may be
construed as prohibiting the senior coordinating official of
the Southwest Border Coordination Center of the Department of
Homeland Security from serving as the Federal coordinating
officer appointed pursuant to such paragraph if the President
determines such is appropriate.
(c) Southwest Border Coordination Center.--
(1) In general.--The Secretary of Homeland Security may
utilize the capabilities of the Southwest Border Coordination
Center of the Department of Homeland Security (SBCC) in
response to the declaration of an extraordinary migration event
by the President. The Center may be staffed by officers and
officials of the Department, including U.S. Customs and Border
Protection, the Federal Emergency Management Agency, U.S.
Immigration and Customs Enforcement (ICE), and United States
Citizenship and Immigration Services (USCIS), as well as
officers and officials of relevant Federal departments and
agencies, including the Department of Justice, the Department
of Health and Human Services, and the Department of Defense.
(2) Lead field coordinators.--Subject to the direction of
the Federal coordinating officer under subsection (b), the
senior coordinating official of the Southwest Border
Coordination Center may establish lead field coordinators in
response to the declaration of an extraordinary migration event
by the President.
(3) Incident management assistance teams.--Subject to the
direction of the Federal coordinating officer under subsection
(b), the senior coordinating official of the Southwest Border
Coordination Center may establish incident management
assistance teams to support the Center and lead field
coordinators under paragraph (2).
(4) Incident action planning process.--In responding to the
declaration of an extraordinary migration event by the
President, the Southwest Border Coordination Center shall use
an Incident Action Planning Process to address emerging
resource requirements related to such event.
(d) Formation of Migration Response Teams.--Upon the declaration of
an extraordinary migration event by the President, the Federal
coordinating officer appointed pursuant to subsection (b) shall
establish migration response teams to be deployed to assist the
Southwest Border Coordination Cell under subsection (c), including
relating to the following:
(1) Coordinating the construction of specialized migration
processing facilities with staff from other Federal departments
and agencies, State and local governments, and nongovernmental
organizations to assist with the humanitarian needs of arriving
migrants.
(2) Working with U.S. Customs and Border Protection, the
Federal Emergency Management Agency, the Department of Health
and Human Services, and other appropriate organizations to
establish temporary holding facilities for migrants.
(3) Coordinating with the National Disaster Medical System
of the Department of Health and Human Services, and, as
appropriate, FEMA Corps, the private sector, and the National
Guard, to ensure such facilities are staffed with health
professionals who are able to provide medical and mental health
assistance and other humanitarian support to such migrants.
(e) Formation of Processing Teams.--Upon declaration of an
extraordinary migration event by the President, the Secretary of
Homeland Security may take such actions as may be necessary to process
in a timely manner individuals arriving at the border, including by--
(1) reassigning United States Citizenship and Immigration
Services asylum officers and interpreters to U.S. Customs and
Border Protection border facilities; and
(2) surging resources to process migrants in their
countries of origin.
(f) Arrangements With Relief and Assistance Organizations.--Upon
declaration of an extraordinary migration event by the President, the
Secretary of Homeland Security, the Federal coordinating officer under
subsection (b), and their designees may enter into arrangements with
nongovernmental organizations providing relief and assistance operating
in the area of such event to utilize the personnel and facilities of
such organizations to provide essential services, including housing,
temporary shelter, medical, legal, or other essential services, to
migrants. Any such arrangements shall include provisions assuring that
use of Federal facilities, supplies, and services adhere to regulations
prohibiting duplication of benefits and guaranteeing nondiscrimination.
(g) Funding.--There is established an Emergency Migration Response
Fund. There is authorized to be appropriated to the Fund for fiscal
2023 up to $1,500,000,000 to be made available to carry out this Act in
the event of a declaration of an extraordinary migration event by the
President, including--
(1) $1,060,000,000 for U.S. Customs and Border Protection
soft-sided facilities, medical care, transportation, and
personnel costs;
(2) $150,000,000 for the Federal Emergency Management
Agency's Emergency Food and Shelter Program;
(3) $50,000,000 for United States Citizenship and
Immigration Services personnel costs; and
(4) $50,000,000 for Federal Emergency Management Agency for
grants to supporting relief organizations.
(h) Notification to Congress.--Not later than 30 days after the
President declares an extraordinary migration event, the President
shall transmit to Congress a notification relating thereto. Such
notification shall include information describing the actions taken
pursuant to this Act in response to such an event, including
information relating to funding, personnel, and resources.
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