206 
(ii) AGGREGATION OF DATA.—The in-
formation published under clause (i) shall 
be aggregated so as to facilitate uniform 
monthly reporting. 
(B) ANNUAL REPORT.— 
(i) IN GENERAL.—Not less frequently 
than annually, the Director shall publish 
on a publicly accessible internet website of 
the Office of Refugee Resettlement the fol-
lowing: 
(I) As of the last day of each fis-
cal year, the figures for the data col-
lected under subparagraphs (E)(iii), 
(E)(v), (E)(vii), and (E)(viii) of para-
graph (3). 
(II) The data and measures de-
scribed in paragraph (3)(F) for which 
new or continuing publication is— 
(aa) in the public interest; 
or 
(bb) required under para-
graph (5)(A). 
(III) A description of any change 
between 
the 
information 
reported 
under subclauses (I) and (II) for the 
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reporting period and such information 
reported for the preceding reporting 
period. 
(ii) AGGREGATION OF DATA.—The in-
formation published under clause (i) shall 
be aggregated so as to facilitate uniform 
annual reporting. 
(c) OMBUDSPERSON REVIEW OF DATA.—The Sec-
retary of Health and Human Services and the Secretary 
of Homeland Security shall— 
(1) ensure that the Ombudsperson— 
(A) has access to all real-time data regard-
ing noncitizen children in immigration custody; 
and 
(B) is able to independently and regularly 
review data collected by the Department of 
Health and Human Services and Department of 
Homeland Security with respect to such chil-
dren; 
(2) respond in a timely manner to inquiries 
from the Ombudsperson with respect to such data; 
and 
(3) promptly take any necessary corrective ac-
tion with respect to the accuracy and integrity of 
such data. 
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208 
SEC. 603. ENFORCEMENT. 
(a) AUDITS.— 
(1) IN GENERAL.—Not less frequently than an-
nually, the Director shall conduct an audit of each 
childcare facility, which shall include a site visit— 
(A) to assess compliance of the childcare 
facility with the requirements of this Act; and 
(B) to determine whether the operator of 
the childcare facility continues to be a State-li-
censed program. 
(2) REPORT
TO
OMBUDSPERSON.—Not later 
than 7 days after the date on which the Director 
completes an audit under subsection (a), the Direc-
tor shall submit to the Ombudsperson a report on 
the audit, including a description of any corrective 
action required to bring the childcare facility into 
compliance. 
(b) VIOLATIONS.— 
(1) NOTIFICATION.—With respect to a childcare 
facility found to be in violation of this Act, the Di-
rector shall provide the State-licensed program con-
cerned with a written notification of each deficiency. 
(2) APPEAL.— 
(A) IN
GENERAL.—A State-licensed pro-
gram shall have the opportunity to administra-
tively appeal a finding of deficiency in a 
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childcare facility operated by the State-licensed 
program. 
(B) NO
NEW
REFERRALS.—During the 
pendency of an appeal under subparagraph (A), 
the childcare facility may not receive new place-
ments of unaccompanied noncitizen children. 
(3) DEBARMENT.—Consistent with the Federal 
Acquisition Regulation, any operator of a childcare 
facility that fails to maintain an appropriate State 
license or meet the standards set forth in this Act 
shall be debarred or suspended from contracting 
with the Secretary for not less than 3 years. 
(c) CIVIL ACTION.— 
(1) IN GENERAL.—An unaccompanied noncit-
izen child or the parent, legal guardian, or prospec-
tive sponsor of such a child alleging noncompliance 
by a State-licensed program with the standards and 
procedures set forth in this Act for childcare facili-
ties may commence a cause of action in a district 
court of the United States that has venue over the 
matter. 
(2) VENUE.—Venue for an action under para-
graph (1) may be found in— 
(A) the district in which the original 
childcare facility in which the unaccompanied 
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noncitizen child concerned was placed is lo-
cated; or 
(B) the district in which the childcare fa-
cility to which the unaccompanied noncitizen 
child was transferred is located. 
(d) LIMITED REVIEW.—Review under this section 
shall be limited to entering an order solely affecting the 
individual claims of the unaccompanied noncitizen child or 
the parent, legal guardian, or prospective sponsor seeking 
such review. 
(e) INTERFERENCE WITH OMBUDSPERSON.—An em-
ployee of a Federal or State agency, a contractor of a Fed-
eral or State agency, or a care provider who intentionally 
prevents, interferes with, or attempts to impede the work 
of the Ombudsperson shall be subject to a civil penalty, 
which shall be not more than $2,500 for each violation. 
(f) 
BREACH
OF
DUTY
OF
CARE.—If 
the 
Ombudsperson has reason to believe that an employee of 
a Federal or State agency or a contractor of a Federal 
or State agency has, in the conduct of official duties, 
breached the duty of care or engaged in misconduct, the 
Ombudsperson shall refer the matter to the head of such 
Federal or State agency, a grand jury, or other appro-
priate official or agency. 
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211 
(g) CRIMINAL PENALTY FOR DISCRIMINATION OR 
RETALIATION.—A violation of section 604 or any provi-
sion of title VII shall be a misdemeanor. 
SEC. 604. PROTECTION FROM RETALIATION. 
(a) IN GENERAL.—The Director may not— 
(1) take an adverse action against an Office of 
Refugee Resettlement-funded legal services provider, 
child advocate program, or any other entity based on 
the legal services provider, child advocate program, 
or other entity having pursued judicial review or a 
civil action under this Act, or any civil action in a 
State court, on behalf of an unaccompanied noncit-
izen child or the parent, legal guardian, or prospec-
tive sponsor of such a child; or 
(2) discourage, interfere in, or withdraw funds 
from any Office of Refugee Resettlement-funded 
legal services provider, child advocate program, or 
any other entity that— 
(A) pursues judicial review or a civil action 
under this Act, or any civil action in State 
court, to challenge the conditions of such a 
child’s custody or the denial of release from 
custody; or 
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212 
(B) assists such a child or the parent, legal 
guardian, or prospective sponsor of such a child 
to so challenge. 
(b) PROTECTION
FOR INDIVIDUALS FILING COM-
PLAINTS WITH OMBUDSPERSON.—An employee of a Fed-
eral or State agency, a contractor for a Federal or State 
agency, or a care provider shall not retaliate against any 
individual for having filed a complaint with, or provided 
information to, the Ombudsperson. 
(c) PROTECTIONS FOR NONCITIZEN CHILDREN RE-
PORTING DISCRIMINATION.—Noncitizen children in immi-
gration custody may not be retaliated against for report-
ing discrimination, filing a charge of discrimination, or 
participating in a discrimination investigation or lawsuit. 
SEC. 605. MANDATORY ACCESS TO DETENTION FACILITIES 
FOR MEMBERS OF CONGRESS. 
(a) IN GENERAL.—Subject to subsection (c), the Sec-
retary concerned shall allow a Member of Congress to tour 
any facility in which 1 or more detained individuals are 
housed, including unaccompanied noncitizen children, at 
a time between 8:00 a.m. and 7:00 p.m. on a date re-
quested by the Member of Congress if, not later than 24 
hours before the date requested in the case of a Depart-
ment of Homeland Security facility, or not later than 2 
business days before the date requested in the case of a 
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Department of Health and Human Services facility, the 
Secretary concerned receives written notice from the Mem-
ber of Congress that includes— 
(1) the name of the facility; and 
(2) the date on which the Member of Congress 
intends to tour the facility. 
(b) ACCOMPANYING MEMBERS OF THE PRESS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary concerned shall allow 1 or more mem-
bers of the press to accompany a Member of Con-
gress on a tour of a facility under this section. 
(2) LIMITATIONS.— 
(A) STILL OR VIDEO CAMERAS.—The Sec-
retary concerned shall not be required to allow 
a member of the press to enter a facility under 
paragraph (1) with a still or video camera. 
(B) PERSONALLY IDENTIFYING INFORMA-
TION.—As a condition of entering a facility 
under paragraph (1), a member of the press 
shall agree not to release any personally identi-
fying information of a staff member of the facil-
ity or a child housed at the facility without the 
express authorization of such staff member or 
child. 
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(c) LIMITATION.—The Secretary concerned may limit 
a tour under subsection (a) to— 
(1) in the case of a facility that houses not 
more than 50 unaccompanied noncitizen children— 
(A) not more than 5 Members of Congress; 
and 
(B) accompanying members of the press 
under subsection (b); and 
(2) in the case of a facility that houses more 
than 50 detained individuals, including unaccom-
panied noncitizen children— 
(A) not more than 10 Members of Con-
gress; and 
(B) accompanying members of the press 
under subsection (b). 
(d) DEFINITION OF SECRETARY CONCERNED.—In 
this section, the term ‘‘Secretary concerned’’ means, as 
applicable— 
(1) the Secretary of Homeland Security; or 
(2) the Secretary of Health and Human Serv-
ices. 
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215 
TITLE VII— 
NONDISCRIMINATION 
SEC. 701. FAIR AND EQUAL TREATMENT. 
(a) IN GENERAL.—All noncitizen children in immi-
gration custody shall be treated fairly and equally and pro-
vided with inclusive, safe, and nondiscriminatory services. 
(b) FREEDOM FROM DISCRIMINATION.— 
(1) IN GENERAL.—Noncitizen children in immi-
gration custody shall have the right to be free from 
discrimination and harassment on the basis of actual 
or perceived characteristics relating to race, ethnic 
group identification, ancestry, national origin, color, 
religion, sex (including sexual orientation, gender 
identity, and expression), language, mental or phys-
ical disability, or HIV status. 
(2) PROVISION
OF
SERVICES.—Services pro-
vided to noncitizen children under this Act shall be 
delivered in a manner that is sensitive to the age, 
culture, native language, and complex needs of each 
noncitizen child. 
(c) RULE OF CONSTRUCTION.—Nothing in this title 
shall be construed to diminish any protection under any 
other Federal or State anti-discrimination law. 
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216 
SEC. 702. RESPONSIBILITIES OF CARE PROVIDERS. 
(a) IN GENERAL.—During the entire period in which 
a noncitizen child is held in immigration custody, the 
child’s care providers shall ensure that the child— 
(1) is treated and served fairly and equally; 
(2) is treated with dignity and respect; 
(3) is cared for in an inclusive and respectful 
environment; and 
(4) is not subject to discrimination or harassed 
based on actual or perceived characteristics. 
(b) SPECIAL CONSIDERATIONS.—During the entire 
period in which a noncitizen child is held in immigration 
custody, the child’s care providers— 
(1) in the case of an indigenous child, in part-
nership with the noncitizen child and, to the extent 
practicable, the parents, extended family, and mem-
bers of the cultural community of the child, shall 
make active efforts to maintain the child’s connec-
tions to culture, tradition, and prevailing indigenous 
lifeways, including through culturally appropriate 
programs and services; 
(2) shall maintain the privacy and confiden-
tiality of information relating to the child’s sexual 
orientation and gender identity; 
(3) shall use the child’s correct names and pro-
nouns corresponding to the child’s gender identity; 
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