(H) REPORTING MECHANISMS.— 
(i) IN GENERAL.—The Ombudsperson 
shall establish and maintain— 
(I) a toll-free telephone number 
to receive complaints and reports of 
matters for investigation; and 
(II) an email address to receive 
complaints, such reports, and requests 
for review of placement decisions. 
(ii) 
AVAILABILITY.—The 
Ombudsperson shall ensure that— 
(I) such telephone number is 
made available, and a telephone is ac-
cessible, to each immigrant child in a 
facility; and 
(II) such email address is made 
available to sponsors, Flores settle-
ment agreement class counsel, and 
legal services providers and child ad-
vocates who serve such immigrant 
children. 
(I) REPORT TO CONGRESS.— 
(i) IN GENERAL.—Not later than Sep-
tember 30 each year, the Ombudsperson 
shall submit to Congress a report on the 
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accomplishments and challenges of the Of-
fice of the Ombudsperson during the fiscal 
year ending on that date. 
(ii) ELEMENTS.—Each report re-
quired by clause (i) shall include the fol-
lowing: 
(I) For the preceding fiscal 
year— 
(aa) a description of the ac-
complishments and challenges re-
lating to implementation and 
compliance with this Act; and 
(bb) a summary of— 
(AA) each site visit 
conducted; 
(BB) 
any 
interview 
with an immigrant child or 
facility staff; 
(CC) facility audits and 
corrective actions taken or 
recommended; 
(DD) appeals made to 
the Ombudsperson; and 
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(EE) any other infor-
mation the Ombudsperson 
considers relevant. 
(II) A summary of complaints 
made and investigations carried out 
during the preceding fiscal year, in-
cluding— 
(aa) the number of com-
plaints and number and nature 
of other contacts; 
(bb) the number of com-
plaints made, including the type 
and source; 
(cc) the number of investiga-
tions carried out; 
(dd) the trends and issues 
that arose in the course of inves-
tigating complaints; and 
(ee) the number of pending 
complaints. 
(III) A detailed analysis of the 
data collected under section 4. 
(IV) Recommendations— 
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(aa) for improving imple-
mentation and compliance with 
this Act; and 
(bb) as to whether the Di-
rector should renew or cancel 
contracts with particular Office 
of Refugee Resettlement grant-
ees. 
(V) A description of the priorities 
for the subsequent fiscal year. 
(J) RECOMMENDATIONS
TO
OFFICE
OF 
REFUGEE RESETTLEMENT.— 
(i) IN GENERAL.—Not less frequently 
than every 180 days, the Ombudsperson 
shall make written recommendations to the 
Director with respect to the proposed and 
established policies and procedures of the 
Office of Refugee Resettlement relating to 
the protection of unaccompanied immigra-
tion children in the care of the Office of 
Refugee Resettlement. 
(ii) RESPONSE.—Not later than 90 
days after the date on which the Director 
receives recommendations under clause (i), 
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the 
Director 
shall 
respond 
to 
the 
Ombudsperson in writing. 
(iii) ROLE OF SECRETARY OF HEALTH 
AND HUMAN SERVICES.—In the case of a 
recommendation under clause (i) that is 
not addressed and resolved by the Direc-
tor, the Ombudsperson may elevate the 
recommendation to the Secretary of Health 
and Human Services for resolution. 
(K) 
ADDITIONAL
DUTIES.—The 
Ombudsperson shall— 
(i) conduct a review of data collection, 
as described in section 4(a); 
(ii) establish the Committee, as de-
scribed in section 5; and 
(iii) enter into a memorandum of un-
derstanding, as described in section 6(a). 
(d) ACCESS
TO
FACILITIES.—The Secretary of 
Health and Human Services and the Secretary of Home-
land Security shall ensure— 
(1) unobstructed access by the Ombudsperson 
to any facility; and 
(2) the ability of the Ombudsperson— 
(A) to monitor any facility; and 
(B) to meet confidentially with— 
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(i) staff of any facility; 
(ii) employees and contractors of the 
Office of Refugee Resettlement and the 
Department of Homeland Security; and 
(iii) any immigrant child in immigra-
tion custody, after notification of the immi-
grant child’s counsel, as applicable. 
(e) ACCESS
TO INFORMATION.—The Secretary of 
Health and Human Services shall ensure unobstructed 
and timely access by the Ombudsperson to— 
(1) the case files, records, reports, audits, docu-
ments, papers, recommendations, or any other perti-
nent information relating to the care and custody of 
an immigrant child; and 
(2) the written policies and procedures of all 
Office of Refugee Resettlement facilities. 
SEC. 4. DATA COLLECTION. 
(a) INDEPENDENT REVIEW BY OMBUDSPERSON.— 
(1) IN
GENERAL.—The Ombudsperson shall 
regularly review data collected by the Secretary of 
Health and Human Services and the Secretary of 
Homeland Security relating to immigrant children in 
facilities. 
(2) COLLABORATION
REQUIRED.—The Sec-
retary of Health and Human Services and the Sec-
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retary of Homeland Security shall provide the 
Ombudsperson unobstructed access to— 
(A) real-time custody and detention data 
for each immigrant child detained by the Gov-
ernment or held in immigration custody, includ-
ing— 
(i) the location and level of placement; 
(ii) biographical information, includ-
ing full name, date of birth, country of citi-
zenship, race, and alien number; 
(iii) all locations at which the immi-
grant child has been detained or held in 
custody; 
(iv) the dates and times the immi-
grant child is booked in and booked out of 
any facility; and 
(v) transfer and discharge informa-
tion; and 
(B) Department of Homeland Security and 
Department of Health and Human Services 
data personnel for the purpose of reviewing 
data collection and integrity issues. 
(b) OFFICE
OF REFUGEE RESETTLEMENT DATA 
COLLECTION SYSTEM.— 
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(1) IN GENERAL.—To support the data collec-
tion and monitoring duties of the Ombudsperson and 
to facilitate public monitoring, the Director shall de-
velop a data collection system that collects and 
maintains the following information: 
(A) The total number of immigrant chil-
dren 
held 
in 
custody 
by 
the 
Director, 
disaggregated by placement level, specific Office 
of Refugee Resettlement facility, country of citi-
zenship, race, and age. 
(B) The average and median number of 
days immigrant children remain in such cus-
tody, disaggregated by placement level, specific 
Office of Refugee Resettlement facility, and 
age. 
(C) For all immigrant children in the cus-
tody of the Secretary of Health and Human 
Services, 
the 
median 
time-to-release, 
disaggregated by— 
(i) children released to parents or 
legal guardians; 
(ii) children released to other spon-
sors; 
(iii) children who have home studies 
mandated by section 235 of the Traf-
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ficking Victims Protection Reauthorization 
Act of 2008 (8 U.S.C. 1232); 
(iv) children granted home studies 
through the discretion of the Director; and 
(v) all other children. 
(D) The average and median number of 
days immigrant children stay in an Office of 
Refugee Resettlement facility, disaggregated by 
placement level, specific Office of Refugee Re-
settlement facility, and age. 
(E) The number of immigrant children dis-
charged to sponsors, disaggregated by sponsor 
category, placement level, specific Office of Ref-
ugee Resettlement facility, and age. 
(F) The sponsor category and age of each 
immigrant child held at each Office of Refugee 
Resettlement facility. 
(G) The average and median number of 
days immigrant children stay in an Office of 
Refugee Resettlement facility, disaggregated by 
sponsor category. 
(H) The number and percentage of immi-
grant children held in an Office of Refugee Re-
settlement facility with more than 25 immi-
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grant children, disaggregated by placement level 
and age. 
(I) The percentage of filled capacity across 
all Office of Refugee Resettlement facilities, 
disaggregated by placement level. 
(J) The total number of children held at 
out-of-network 
facilities, 
disaggregated 
by 
placement level and age. 
(K) For each Office of Refugee Resettle-
ment facility— 
(i) the percentage of filled capacity; 
(ii) the maximum number of available 
beds; 
(iii) the number and percentage of im-
migrant children with special needs or dis-
abilities (as defined in section 3 of the 
Americans with Disabilities Act of 1990 
(42 U.S.C. 12102)), disaggregated by 
placement level and age; and 
(iv) the number and percentage of im-
migrant 
children 
receiving 
mandatory 
home studies, discretionary home studies, 
and tier 1, tier 2, and tier 3 post-release 
services, disaggregated by placement level 
and age. 
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(2) PUBLICATION.—Not later than the 15th of 
each month, the Director shall make the data col-
lected under paragraph (1) for the preceding month 
available to the public on the internet website of the 
Office of Refugee Resettlement. 
(c) PROHIBITION ON CERTAIN USES OF DATA.— 
(1) IN
GENERAL.—The data collected under 
this section may not be used for immigration en-
forcement or law enforcement purposes, and the Of-
fice of the Ombudsperson may not— 
(A) use or disclose such data for any pur-
pose other than carrying out the duties of the 
Office of the Ombudsperson; 
(B) publish or share individually identifi-
able information; 
(C) transmit individually identifiable infor-
mation, including to a local, State, or Federal 
law enforcement agency, for any purpose other 
than carrying out the duties of the Office of the 
Ombudsperson; or 
(D) allow any individual, other than an of-
ficer or employee of the Office of the 
Ombudsperson who is subject to this sub-
section, to access or examine such individually 
identifiable information. 
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(d) PRIVACY PROTECTIONS.—Any data collected, 
stored, received, or published under this Act shall be— 
(1) collected, stored, received, or published in a 
manner that protects the privacy of individuals 
whose information is included in such data; 
(2) de-identified or anonymized in a manner 
that protects the identity of all individuals whose in-
formation is included in such data; and 
(3) limited in use for the purpose of carrying 
out the duties of the Office of the Ombudsperson 
and be protected from all other internal use by any 
entity that collects, stores, or receives the data, and 
from any other inappropriate uses. 
SEC. 5. EXPERT ADVISORY COMMITTEE. 
(a) ESTABLISHMENT.—Not later than 90 days after 
the date of the enactment of this Act, the Ombudsperson 
shall establish an expert advisory committee to assist the 
Ombudsperson in— 
(1) identifying relevant trends relating to immi-
grant children in immigration custody; 
(2) conducting fact-finding missions and inves-
tigations of facilities; and 
(3) ensuring Government and private contractor 
compliance with applicable law and standards for fa-
cilities. 
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(b) MEMBERSHIP.—The members of the Committee 
shall— 
(1) be appointed by the Ombudsperson; 
(2) represent various geographical regions; and 
(3) be comprised of subject matter experts, in-
cluding— 
(A) legal advocates or specialists in the 
fields of child and family welfare, immigration, 
and human rights; 
(B) pediatricians or other appropriate pe-
diatric health care experts; 
(C) child or adolescent psychiatrists or 
psychologists; 
(D) social workers; 
(E) data analysis experts; and 
(F) any other relevant subject matter ex-
pert. 
(c) MEETINGS.—The Committee shall meet not less 
frequently than quarterly. 
(d) DUTIES.—The Committee shall regularly— 
(1) review facility compliance with applicable 
law and standards relating to Government detention 
and custody of immigrant children, including the 
Flores settlement agreement and section 235 of the 
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William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008 (8 U.S.C. 1232); and 
(2) submit to the Ombudsperson recommenda-
tions for improvement. 
(e) ONSITE MONITORING VISITS.— 
(1) IN
GENERAL.—Not less frequently than 
monthly, 1 or more individuals designated by the 
Committee shall conduct a comprehensive onsite 
monitoring visit of each facility for the purpose of 
interviewing immigrant children held in immigration 
custody, after notification of counsel, as applicable. 
(2) ELEMENTS.—Each onsite monitoring visit 
conducted under paragraph (1) shall include— 
(A) an evaluation of the compliance of the 
facility with— 
(i) all applicable laws and standards; 
and 
(ii) the facility standards under the 
Prison Rape Elimination Act of 2003 (34 
U.S.C. 30301 et seq.); 
(B) an assessment of the delivery of, and 
immigrant children’s access to, health care and 
mental health care services; 
(C) an assessment of immigrant children’s 
access to counsel and legal services; and 
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(D) private, confidential interviews with 
immigrant children housed in the facility. 
SEC. 6. COORDINATION WITH DEPARTMENT OF HOMELAND 
SECURITY. 
(a) MEMORANDUM OF UNDERSTANDING.— 
(1) IN GENERAL.—On the date of the enact-
ment of this Act, the Secretary of Homeland Secu-
rity and the Ombudsperson shall enter into a memo-
randum of understanding to coordinate oversight be-
tween the Department of Homeland Security and 
the Department of Health and Human Services. 
(2) ELEMENTS.—The memorandum of under-
standing required by paragraph (1) shall do the fol-
lowing: 
(A) Require the Secretary of Homeland 
Security to provide information, on a real-time 
basis, to the Ombudsperson with respect to 
each immigrant child detained by U.S. Customs 
and Border Protection or U.S. Immigration and 
Customs Enforcement, or who is otherwise in 
the custody of the Secretary of Homeland Secu-
rity, including— 
(i) the location of the immigrant child; 
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(ii) biographical information, includ-
ing full name, date of birth, country of citi-
zenship, race, and alien number; 
(iii) all locations at which the immi-
grant child has been so detained or held in 
Department of Homeland Security cus-
tody; 
(iv) exact times at which the immi-
grant child was booked in and booked out 
of such custody; 
(v) the date on which the immigrant 
child is released from such custody or 
transferred to the custody of the Secretary 
of Health and Human Services; 
(vi) in the case of an immigrant child 
who remains in Department of Homeland 
Security custody for more than 72 hours, 
the reason for such continued custody; and 
(vii) 
any 
other 
information 
the 
Ombudsperson considers relevant to the 
oversight and monitoring duties described 
in section 3(c)(3). 
(B) 
Establish 
the 
right 
of 
the 
Ombudsperson and the Committee to monitor 
Department of Homeland Security facilities for 
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compliance with applicable standards of cus-
tody. 
(C) Provide the Ombudsperson and the 
Committee full and unobstructed access to— 
(i) Department of Homeland Security 
facilities for regular site visits; and 
(ii) the written policies and procedures 
of Department of Homeland Security fa-
cilities. 
(3) LIMITATION.—The memorandum of under-
standing may only allow the Ombudsperson to share 
information with the Secretary of Homeland Secu-
rity on a case-by-case basis, and with the informed 
consent of the immigrant child concerned, if the 
Ombudsperson determines that such information 
sharing may facilitate the release of the immigrant 
child from custody. 
(4) EVALUATION.—Not later than 2 years after 
the Ombudsperson and the Secretary of Homeland 
Security enter into the memorandum of under-
standing required by this subsection, the Comp-
troller General of the United States shall evaluate 
the coordination between the Ombudsperson and the 
Secretary to determine whether such memorandum 
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of understanding is sufficient to ensure the oversight 
and monitoring required by this Act. 
(5) RECOMMENDATIONS.—If the Comptroller 
General makes a determination under paragraph (4) 
that the memorandum of understanding is insuffi-
cient, the Comptroller General shall recommend ac-
tionable steps to be implemented— 
(A) to improve coordination between the 
Ombudsperson and the Secretary of Homeland 
Security; and 
(B) to ensure effectiveness of the mandate 
of the Ombudsperson. 
(b) INTERAGENCY WORKING GROUP.— 
(1) ESTABLISHMENT.—There is established an 
interagency working group to identify and discuss 
concerns relating to immigrant children in facilities. 
(2) MEMBERSHIP.—The Working Group shall 
be composed of representatives of— 
(A) the Department of Justice; 
(B) the Department of Health and Human 
Services, including the Director or a senior rep-
resentative of the Office of Refugee Resettle-
ment; 
(C) U.S. Customs and Border Protection; 
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(D) U.S. Immigration and Customs En-
forcement; 
(E) relevant oversight offices, including— 
(i) the Immigration Detention Om-
budsman of the Department of Homeland 
Security; and 
(ii) the Inspectors General of the De-
partment of Justice, the Department of 
Health and Human Services, U.S. Cus-
toms and Border Protection, and U.S. Im-
migration and Customs Enforcement; and 
(F) any other relevant Federal agency or 
office. 
(3) MEETINGS.—The Working Group shall— 
(A) hold meetings not less frequently than 
quarterly; 
(B) invite representatives of nongovern-
mental organizations that provide services to 
immigrant children to participate in such meet-
ings as the Ombudsperson considers appro-
priate; and 
(C) provide to the Ombudsperson a sum-
mary of each such meeting. 
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SEC. 7. RULE OF CONSTRUCTION. 
Nothing in the Act shall be construed to preclude or 
limit Flores settlement agreement class counsel from con-
ducting independent investigations or seeking enforcement 
actions relating to violations of the Flores settlement 
agreement in any appropriate district court of the United 
States. 
Æ 
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