186 
(III) licensing record maintained 
by the applicable Federal or State 
agency; or 
(IV) record, including a confiden-
tial record, of a Federal or State 
agency or any contractor of a Federal 
or State agency, except sealed court 
records, production of which may only 
be compelled by subpoena. 
(B) with respect to information, the ability 
to obtain requested information in a timely 
manner and with the full cooperation of the 
Secretary or the Secretary of Homeland Secu-
rity, as applicable. 
(e) CONFIDENTIALITY.— 
(1) IDENTITY
OF
COMPLAINANTS
AND
WIT-
NESSES.—The Ombudsperson shall maintain con-
fidentiality with respect to the identities of complain-
ants or witnesses coming before the Office, except if 
such a disclosure is necessary— 
(A) to carry out the duties of the 
Ombudsperson; and 
(B) to support recommendations made in 
individual cases, annual reports, or other re-
ports. 
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(2) RECORDS.—In accordance with relevant 
Federal and State law, the Ombudsperson may not 
disclose a confidential record. 
(3) 
TESTIMONY
AND
DEPOSITION.—The 
Ombudsperson and employees of the Office may not 
testify or be deposed in a judicial or administrative 
proceeding regarding matters that have come to 
their attention in the exercise of their official duties, 
except as the Ombudsperson considers necessary to 
enforce this Act or the amendments made by this 
Act. 
(4) SUBPOENA AND DISCOVERY.—The records 
of the Office, including notes, drafts, and records ob-
tained from an individual, a provider, or an agency 
during intake, review, or investigation of a com-
plaint, and any reports not released to the public are 
not subject to disclosure or production in response 
to a subpoena or discovery in a judicial or adminis-
trative proceeding, except as the Ombudsperson con-
siders necessary to enforce this Act or the amend-
ments made by this Act. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
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188 
SEC. 602. DATA COLLECTION AND REPORTING. 
(a) DEPARTMENT OF HOMELAND SECURITY.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall collect and maintain a record of each 
noncitizen child held in the custody of the Secretary 
of Homeland Security. 
(2) FREQUENCY
AND
SUBMISSION
OF
DATA 
COLLECTED.— 
(A) IN
GENERAL.—Not less frequently 
than weekly, the Secretary of Homeland Secu-
rity shall— 
(i) collect the information described in 
paragraph (3) from each district office and 
Border Patrol station; and 
(ii) submit such data to— 
(I) the Ombudsperson; and 
(II) the Committee on the Judici-
ary and the Committee on Appropria-
tions of the Senate and the Com-
mittee on the Judiciary and the Com-
mittee on Appropriations of the House 
of Representatives. 
(3) INFORMATION
DESCRIBED.—The informa-
tion described in this paragraph is the following: 
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189 
(A) INDIVIDUAL DATA.—For each noncit-
izen child in the custody of the Secretary of 
Homeland Security, the following: 
(i) Biographical information, including 
full name, date of birth, country of citizen-
ship, preferred language, and alien num-
ber. 
(ii) The date the child was appre-
hended and placed in such custody. 
(iii) The date and the time the child 
was released or transferred from such cus-
tody and to whom the child was so released 
or transferred. 
(iv) For each accompanying family 
member of the child or other adult the 
child identifies as a previous caregiver, bio-
graphical and contact information. 
(v) An indication as to whether the 
child arrived in the company of a family 
member other than a parent or legal 
guardian, and in the case of a separation 
from that family member, a justification 
for the separation. 
(B) AGGREGATED DATA.— 
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(i) The number of children in the cus-
tody of the Secretary of Homeland Secu-
rity as of the last day of each calendar 
month, calculated to include all such chil-
dren, disaggregated by— 
(I) facility; and 
(II) Border Patrol sector. 
(ii) The largest number of children 
concurrently held in such custody, cal-
culated to include all such children, and 
the 1 or more dates on which such largest 
number occurred, disaggregated by— 
(I) facility; and 
(II) Border Patrol sector. 
(iii) The median and average number 
of hours in such custody for each such 
child, calculated to include all such chil-
dren, disaggregated by— 
(I) facility; and 
(II) Border Patrol sector. 
(4) PUBLICATION.—Not less frequently than 
monthly, the Secretary of Homeland Security shall 
publish on a publicly accessible internet website of 
the Department of Homeland Security the following: 
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191 
(A) The figures for the data collected 
under paragraph (3)(B)(i). 
(B) For the preceding calendar month, the 
figures for the data collected under clauses (ii) 
and (iii) of paragraph (3)(B). 
(b) OFFICE OF REFUGEE RESETTLEMENT.— 
(1) IN GENERAL.—To support the data collec-
tion and monitoring duties of the Ombudsperson and 
to facilitate public monitoring, the Director shall— 
(A) develop a systemic data collection sys-
tem to collect and maintain relevant demo-
graphic information that is pertinent to serv-
ing— 
(i) the population of unaccompanied 
noncitizen children in the custody of the 
Secretary of Health and Human Services; 
and 
(ii) children who have been released 
from such custody with services pending; 
(B) not less than every 3 years, review the 
data collected, the categorization of such data, 
the information architecture for organizing and 
analyzing such data, any safety concern relating 
to the collection of such data, and the method 
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192 
for obtaining or collecting such data under such 
system; 
(C)(i) as appropriate, revise such system to 
make improvements in service delivery to unac-
companied noncitizen children; and 
(ii) if such system is so revised, ensure the 
continuity of comparative data from periods be-
fore and after the revision; and 
(D) ensure the ongoing functioning and 
use of such system by the Office of Refugee Re-
settlement. 
(2) FREQUENCY
OF
DATA
COLLECTED.—Not 
less frequently than weekly, the Director shall— 
(A) collect from each childcare facility the 
information described in paragraph (3); and 
(B) maintain such information in the sys-
tem described in paragraph (1)(A). 
(3) INFORMATION
DESCRIBED.—The informa-
tion described in this paragraph is the following: 
(A) INDIVIDUAL
DATA.—For each unac-
companied noncitizen child in the custody of the 
Secretary of Homeland Security— 
(i) biographical information, including 
full name, date of birth, country of citizen-
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193 
ship, preferred language, and alien num-
ber; 
(ii) the date the child was appre-
hended and placed in such custody of the 
Secretary of Homeland Security; 
(iii) the date the child was placed in 
the custody of the Secretary of Health and 
Human Services; 
(iv) the date on which the child was 
placed in a childcare facility, or transferred 
between childcare facilities, as applicable, 
and the name and location of each 
childcare facility; 
(v) in the case of a child placed in a 
residential treatment center, therapeutic 
childcare facility, staff-secure facility, or 
out-of-network facility, a justification for 
such placement; 
(vi) the status of the child’s family re-
unification process, including— 
(I) a record of the 1 or more case 
managers who have worked on the 
child’s case, including a description of 
the work performed; 
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194 
(II) in the case of a child who is 
released or discharged from the cus-
tody of the Secretary of Health and 
Human Services— 
(aa) the date of release or 
discharge; 
(bb) the name of the indi-
vidual to whom the child was re-
leased, as applicable; and 
(cc) the reason for release or 
discharge; and 
(III) in the case of a child re-
moved from the United States, the 
date of removal and the country to 
which he or she was removed, regard-
less of whether a child was removed 
directly from the custody of the Sec-
retary of Health and Human Services; 
and 
(vii) the number of occasions on which 
the operator of a childcare facility or an 
influx facility contacted law enforcement 
with respect to the child, as applicable, and 
the justification for each such contact. 
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195 
(B) FACILITY DATA.—For each childcare 
facility or influx facility funded by the Depart-
ment of Health and Human Services— 
(i) the median length of stay for unac-
companied noncitizen children placed at 
the facility; 
(ii) for children who have been re-
leased to sponsors, the median amount of 
time spent by such children in the custody 
of the Secretary of Health and Human 
Services before release; 
(iii) the utilization rate of the facility 
(excluding funded but unplaceable beds 
and calculated as the number of filled beds 
divided by the number of beds available for 
placement, expressed as a percentage); 
(iv) the percentage of unaccompanied 
noncitizen children transferred from the 
facility to any other facility, calculated on 
a rolling basis; and 
(v) the number and type of child 
abuse or neglect allegations against facility 
staff or against other children in the facil-
ity, and the number of such allegations 
substantiated. 
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(C) NATIONAL CAPACITY DATA.— 
(i) IN
GENERAL.—For all childcare 
facilities and influx facilities, in the aggre-
gate— 
(I) the number of pending beds; 
and 
(II) the number of delivered 
beds, disaggregated by— 
(aa) beds occupied by unac-
companied noncitizen children; 
(bb) unoccupied beds avail-
able for potential use by unac-
companied noncitizen children; 
and 
(cc) unavailable beds that 
are funded but cannot receive 
children. 
(ii) DEFINITIONS.—In this subpara-
graph: 
(I) DELIVERED BED.—The term 
‘‘delivered bed’’ means a bed delivered 
to the Department of Health and 
Human Services for use by an unac-
companied noncitizen child. 
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(II) PENDING
BED.—The term 
‘‘pending bed’’ means a bed— 
(aa) to be provided to the 
Department 
of 
Health 
and 
Human Services for use by an 
unaccompanied noncitizen child 
that is funded by a grant, cooper-
ative agreement, contract, or any 
other means; but 
(bb) that is not yet a deliv-
ered bed. 
(D) FAMILY
REUNIFICATION
DATA.—For 
all unaccompanied noncitizen children in the 
custody of the Secretary of Health and Human 
Services— 
(i) 
the 
median 
time-to-release, 
disaggregated by— 
(I) children released to parents 
or legal guardians; 
(II) children released to other 
sponsors; 
(III) children who have home 
studies mandated by section 235 of 
the Trafficking Victims Protection 
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Reauthorization 
Act 
of 
2008 
(8 
U.S.C. 1232); 
(IV) children granted home stud-
ies through the discretion of the Di-
rector; and 
(V) all other children; and 
(ii) the number of children who have 
been in such custody for more than 90 
days, disaggregated by— 
(I) children placed in therapeutic 
foster care; 
(II) children placed in long-term 
foster care; and 
(III) children in placements that 
are not therapeutic foster care or 
long-term foster care. 
(E) COMPREHENSIVE NATIONAL DATA.— 
(i) The number and characteristics of 
children placed in and exiting the custody 
of the Secretary of Health and Human 
Services. 
(ii) The status of the unaccompanied 
noncitizen child population, including the 
number of such children in such custody, 
age cohorts of such children, length of 
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placements, types of placements, location 
in-network or out-of-network, and goals for 
reunification by sponsor or placement type. 
(iii) The number and percentage of 
unaccompanied noncitizen children des-
ignated for and receiving any of the fol-
lowing: 
(I) Mandatory home studies. 
(II) Discretionary home studies. 
(III) Post-release services. 
(iv) The number and percentage of 
unaccompanied noncitizen children held in 
a facility funded by the Office of Refugee 
Resettlement with more than 25 other un-
accompanied noncitizen children. 
(v) The number and percentage of un-
accompanied noncitizen children with spe-
cial needs or disabilities (as defined in sec-
tion 3 of the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12102)). 
(vi) For each type of childcare facility 
and each influx facility— 
(I) the average national case 
manager-to-child ratio; and 
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200 
(II) the national utilization rate 
(excluding funded but unplaceable 
beds and calculated as the number of 
filled beds divided by the number of 
beds available for placement, ex-
pressed as a percentage). 
(vii) The number of such facilities al-
leged and found to be out of compliance 
with the facility standards under the Pris-
on Rape Elimination Act of 2003 (34 
U.S.C. 30301 et seq.). 
(viii) The number and types of viola-
tions for sexual abuse and exploitation al-
leged and resolved with respect to unac-
companied noncitizen children while in the 
custody of the Secretary of Health and 
Human Services, counted and categorized 
in accordance with the Prison Rape Elimi-
nation Act of 2003 (34 U.S.C. 30301 et 
seq.). 
(ix) The rate of compliance with sub-
paragraphs 
(A) 
and 
(B) 
of 
section 
231(a)(2). 
(F) FURTHER POPULATION AND GENERAL 
CHARACTERISTICS DATA.— 
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201 
(i) IN GENERAL.— 
(I) The general status and char-
acteristics of the population of unac-
companied noncitizen children and 
their family members. 
(II) The general quality and 
speed of the placement process, and 
information on post-placement out-
comes. 
(III) Barriers to release for such 
children, including relevant cross-tab-
ulations with other collected data. 
(IV) An identification of children 
who are vulnerable to or victims of 
human trafficking. 
(V) The general status and char-
acteristics of facilities funded by the 
Office of Refugee Resettlement for the 
purpose of the care of unaccompanied 
noncitizen children. 
(VI) The rate of increase or de-
crease in childcare facility usage, such 
that cross-facility comparisons are 
useful or systemwide seasonal vari-
ations may be anticipated. 
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(VII) Aggregate measures that 
allow comparison between facilities by 
size, placement type, and any other 
appropriate factor of number and type 
of child abuse or neglect allegations 
against staff or against other children. 
(ii) COLLECTION
STANDARDS.—The 
Director shall develop and implement 
standards for the collection of the informa-
tion described in clause (i). 
(4) SUBMISSION OF DATA AND INFORMATION.— 
Not less frequently than weekly, the Director shall 
submit, in a manner that corresponds with publica-
tion under paragraph (6), the information described 
in paragraph (3) for the preceding week to— 
(A) the Ombudsperson; and 
(B) the Committee on the Judiciary and 
the Committee on Appropriations of the Senate 
and the Committee on the Judiciary and the 
Committee on Appropriations of the House of 
Representatives. 
(5) ADDITIONAL REQUIREMENTS.— 
(A) RELIABILITY
AND
CONSISTENCY
OF 
DATA COLLECTION SYSTEM.—The data collec-
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203 
tion system developed and implemented under 
paragraph (1) shall— 
(i) ensure that— 
(I) data collected is reliable and 
consistent over time and among juris-
dictions through the use of uniform 
definitions and methodologies; and 
(II) publicly available data re-
mains reliable and consistent over 
time, unless— 
(aa) the removal of data 
from the public domain protects 
individuals or groups of individ-
uals from harm or potential 
harm; or 
(bb) a modification to a defi-
nition or methodology is nec-
essary to allow the Office of Ref-
ugee Resettlement to serve unac-
companied 
noncitizen 
children 
better, individually or as a group; 
and 
(ii) for the information described in 
paragraph (3)(F), include metadata with 
respect to whether, and in what form, such 
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204 
information may be made available to the 
public, with the presumption that informa-
tion shall be made available to the public— 
(I) in the least restricted form 
that protects individual privacy; and 
(II) on the same internet website 
used for publication under paragraph 
(6). 
(B) INCENTIVES.—The Director shall use 
appropriate requirements and incentives to en-
sure that the data collection system developed 
and implemented under paragraph (1) functions 
reliably throughout the United States. 
(6) PUBLICATION.— 
(A) MONTHLY REPORT.— 
(i) IN GENERAL.—Not less frequently 
than monthly, 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 the pre-
ceding calendar month, the figures for 
the data collected under subpara-
graphs (C), (D)(ii), and (E)(ii) of 
paragraph (3). 
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