(B) to meet confidentially with— 
(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 Govern-
ment custody, after notification of the im-
migrant child’s counsel, as applicable. 
(e) ACCESS
TO INFORMATION.—The Secretary of 
Health and Human Services shall ensure unobstructed ac-
cess 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. 
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(2) COLLABORATION
REQUIRED.—The Sec-
retary of Health and Human Services and the Sec-
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 Government custody, includ-
ing— 
(i) the location and level of placement; 
(ii) biographical information, includ-
ing full name, date of birth, country of citi-
zenship, 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. 
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(b) OFFICE
OF REFUGEE RESETTLEMENT DATA 
COLLECTION SYSTEM.— 
(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, 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) 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. 
(D) The number of immigrant children dis-
charged to sponsors, disaggregated by sponsor 
category, placement level, specific Office of Ref-
ugee Resettlement facility, and age. 
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(E) The sponsor categories of immigrant 
children held at each Office of Refugee Reset-
tlement facility, disaggregated by placement 
level and age. 
(F) The number and percentage of immi-
grant children held in an Office of Refugee Re-
settlement facility with more than 25 immi-
grant children, disaggregated by placement level 
and age. 
(G) The percentage of filled capacity 
across all Office of Refugee Resettlement facili-
ties. 
(H) The total number of children held at 
out-of-network 
facilities, 
disaggregated 
by 
placement level and age. 
(I) 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 
disabilities, 
disaggregated by placement level and age; 
and 
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(iv) the number and percentage of im-
migrant 
children 
receiving 
mandatory 
home studies, discretionary home studies, 
and post-release services, disaggregated by 
placement level and age. 
(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 INFORMA-
TION.—Information collected under this section may not 
be used for immigration enforcement or law enforcement 
purposes. 
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 Government custody; 
(2) conducting fact-finding missions and inves-
tigations of facilities; and 
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(3) ensuring Government and private contractor 
compliance with applicable law and standards for fa-
cilities. 
(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 
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and custody of immigrant children, including the 
Flores settlement agreement and section 235 of the 
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) SITE VISITS.—The Committee may designate 1 
or more individuals who shall have the authority— 
(1) to carry out facility site visits; and 
(2) interview immigrant children held in Gov-
ernment custody, after notification of counsel, as ap-
plicable. 
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: 
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(A) Require the Secretary of Homeland 
Security 
to 
provide 
information 
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 Security, includ-
ing— 
(i) the location of the immigrant child; 
(ii) biographical information, includ-
ing full name, date of birth, country of citi-
zenship, 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 
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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 
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 
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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 
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. 
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(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; 
(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; 
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(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. 
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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