[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3323 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3323

 To establish the Office of the Ombudsperson for Immigrant Children in 
              Immigration Custody, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 15, 2023

Mrs. Gillibrand (for herself, Mr. Merkley, Ms. Warren, Mr. Blumenthal, 
Ms. Cortez Masto, Mr. Durbin, and Mr. Booker) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To establish the Office of the Ombudsperson for Immigrant Children in 
              Immigration Custody, 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 ``Protection of Kids in Immigrant 
Detention Act'' or the ``PROKID Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Committee.--The term ``Committee'' means the expert 
        advisory committee established under section 5(a).
            (2) Director.--The term ``Director'' means the Director of 
        the Office of Refugee Resettlement.
            (3) Facility.--The term ``facility''--
                    (A) means a location at which 1 or more immigrant 
                children are detained by the Government or held in 
                immigration custody; and
                    (B) includes--
                            (i) an Office of Refugee Resettlement 
                        facility; and
                            (ii) a Department of Homeland Security 
                        facility, including--
                                    (I) a U.S. Customs and Border 
                                Protection temporary holding facility 
                                and transportation contractor;
                                    (II) a U.S. Immigration and Customs 
                                Enforcement family detention facility;
                                    (III) a U.S. Immigration and 
                                Customs Enforcement juvenile facility;
                                    (IV) a location operated by a 
                                private entity, including a hotel room; 
                                and
                                    (V) any other location at which the 
                                Department of Homeland Security or the 
                                Department of Health and Human Services 
                                detains or holds in custody an 
                                immigrant child.
            (4) Immigration custody.--The term ``immigration custody'' 
        means the physical custody of the Secretary of Health and Human 
        Services or the Secretary of Homeland Security (or the head of 
        any successor agency of the Department of Health and Human 
        Services or the Department of Homeland Security).
            (5) Influx facility.--The term ``influx facility'' means 
        any facility established to provide temporary emergency shelter 
        and services for unaccompanied immigrant children during an 
        influx or emergency.
            (6) Flores settlement agreement.--The term ``Flores 
        settlement agreement'' means the stipulated settlement 
        agreement filed in the United States District Court for the 
        Central District of California on January 17, 1997 (CV 85-4544-
        RJK).
            (7) Immigrant child.--The term ``immigrant child'' means an 
        alien (as defined in section 101(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a))) under the age of 18 years.
            (8) In-network facility.--The term ``in-network facility'' 
        means a facility operated by an Office of Refugee Resettlement 
        grantee, subgrantee, contractor, or subcontractor.
            (9) Office of refugee resettlement facility.--The term 
        ``Office of Refugee Resettlement facility''--
                    (A) means--
                            (i) a shelter operated by an Office of 
                        Refugee Resettlement grantee, subgrantee, 
                        contractor, or subcontractor to hold immigrant 
                        children;
                            (ii) staff secure, secure care, or 
                        transitional foster care housing or long term 
                        foster care so operated; or
                            (iii) any other location operated by the 
                        Office of Refugee Resettlement to hold 
                        immigrant children; and
                    (B) includes an in-network facility and an out-of-
                network facility.
            (10) Office of the ombudsperson.--The term ``Office of the 
        Ombudsperson'' means the Office of the Ombudsperson for 
        Immigrant Children in Government Custody established by section 
        3(a).
            (11) Ombudsperson.--The term ``Ombudsperson'' means the 
        ombudsperson appointed under section 3(c).
            (12) Out-of-network facility.--The term ``out-of-network 
        facility'' means a facility at which an immigrant child is 
        placed as a result of an Office of Refugee Resettlement 
        determination that there is no care provider available among 
        in-network facilities to provide specialized services required 
        by the immigrant child, such as medical or mental health 
        support.
            (13) Unobstructed access.--The term ``unobstructed access'' 
        means--
                    (A) with respect to a facility, the ability to 
                enter the facility, including unannounced, to tour and 
                physically visit all areas of the facility; and
                    (B) with respect to information, the ability to 
                obtain requested information in a timely manner with 
                the full cooperation of the Director, the Secretary of 
                Homeland Security, or the Secretary of Health and Human 
                Services, as applicable.
            (14) Working group.--The term ``Working Group'' means the 
        interagency working group established under section 6(b).

SEC. 3. OFFICE OF THE OMBUDSPERSON FOR IMMIGRANT CHILDREN IN 
              IMMIGRATION CUSTODY.

    (a) Establishment.--There is established, within the Department of 
Health and Human Services, an Office of the Ombudsperson for Immigrant 
Children in Immigration Custody--
            (1) to endorse and support the principle that family 
        separation and detention are generally not in a child's best 
        interest; and
            (2) in cases in which detention or immigration custody is 
        required--
                    (A) to ensure that immigrant children are only 
                detained or held in immigration custody in the least 
                restrictive setting;
                    (B) to advocate for the quick, safe, and efficient 
                release of immigrant children from detention or 
                immigration custody whenever possible; and
                    (C) in any case in which an immigrant child is held 
                in Department of Homeland Security custody together 
                with his or her family unit, to advocate for the 
                release of the child and concurrent release of the 
                parent or legal guardian of the child not later than 72 
                hours after the time at which such child and parent or 
                legal guardian were apprehended.
    (b) Independence.--The Office of the Ombudsperson shall be an 
impartial, confidential resource fully independent of--
            (1) the Office of Refugee Resettlement of the Department of 
        Health and Human Services; and
            (2) the Department of Homeland Security.
    (c) Ombudsperson.--
            (1) In general.--The Office of the Ombudsperson shall be 
        headed by an Ombudsperson, who shall be appointed by, and 
        report directly to, the Secretary of Health and Human Services.
            (2) Qualifications.--The individual appointed as 
        Ombudsperson shall have demonstrated experience in--
                    (A) immigration law; and
                    (B) child advocacy or child welfare.
            (3) Duties and authorities.--
                    (A) Monitoring.--
                            (i) In general.--The Ombudsperson shall 
                        monitor, including by making frequent site 
                        visits, for compliance with all applicable 
                        Federal and State laws, regulations, and 
                        standards relating to immigrant children in 
                        immigration custody.
                            (ii) Inclusions.--The laws, regulations, 
                        and standards referred to in clause (i) 
                        include--
                                    (I) the Flores settlement 
                                agreement;
                                    (II) section 235 of the William 
                                Wilberforce Trafficking Victims 
                                Protection Reauthorization Act of 2008 
                                (8 U.S.C. 1232);
                                    (III) the applicable provisions of 
                                the Prison Rape Elimination Act of 2003 
                                (34 U.S.C. 30301 et seq.);
                                    (IV) the standards of U.S. Customs 
                                and Border Protection entitled 
                                ``National Standards on Transport, 
                                Escort, Detention, and Search'' issued 
                                in October 2015; and
                                    (V) internal Office of Refugee 
                                Resettlement policy guidance, including 
                                the guidance entitled ``ORR Policy 
                                Guide: Children Entering the United 
                                States Unaccompanied'' issued on 
                                January 30, 2015.
                            (iii) Onsite visits for influx facilities 
                        and unlicensed facilities.--
                                    (I) In general.--Not less 
                                frequently than monthly during the 
                                period in which an influx facility or 
                                an unlicensed facility is in operation, 
                                the Ombudsperson shall conduct a 
                                comprehensive onsite visit at such 
                                facility to monitor for compliance with 
                                applicable Federal and State law 
                                (including regulations), including--
                                            (aa) the Flores settlement 
                                        agreement; and
                                            (bb) section 235 of the 
                                        William Wilberforce Trafficking 
                                        Victims Protection 
                                        Reauthorization Act of 2008 (8 
                                        U.S.C. 1232).
                                    (II) Certain unlicensed 
                                facilities.--The onsite visits required 
                                by subclause (I) shall include visits 
                                to any unlicensed facility.
                    (B) Investigations.--
                            (i) In general.--The Ombudsperson shall 
                        investigate issues including--
                                    (I) claims or reports of abuse, 
                                neglect, or mistreatment of immigrant 
                                children, by the Government or any 
                                other entity, while in immigration 
                                custody;
                                    (II) complaints against foster care 
                                providers, including foster care 
                                providers under State oversight;
                                    (III) a lack of timely, 
                                confidential access to professionals 
                                such as legal counsel, legal services 
                                providers, child advocates, and medical 
                                professionals; and
                                    (IV) complaints with respect to--
                                            (aa) the conditions of 
                                        custody or length of time in 
                                        custody in any facility; and
                                            (bb) sexual abuse or sexual 
                                        harassment, including potential 
                                        violations of part 411 of title 
                                        45, Code of Federal Regulations 
                                        (relating to standards to 
                                        prevent, detect, and respond to 
                                        sexual abuse and sexual 
                                        harassment involving 
                                        unaccompanied children).
                            (ii) State licensing violations.--If in the 
                        course of an investigation under clause (i) the 
                        Ombudsperson discovers a State licensing 
                        violation, the Ombudsperson shall report the 
                        violation to the child welfare licensing agency 
                        of the applicable State.
                            (iii) Violations in unlicensed 
                        facilities.--
                                    (I) In general.--The Ombudsperson 
                                shall investigate any potential 
                                violation of law, regulation, or 
                                standard in an influx facility or 
                                unlicensed facility, including any such 
                                facility the license of which has been 
                                revoked by a State.
                                    (II) Report.--If in the course of 
                                an investigation under subclause (I), 
                                the Ombudsperson determines that a 
                                violation of law, regulation, or 
                                standard has occurred, not later than 
                                30 days after making such 
                                determination, the Ombudsperson shall 
                                report the violation the Secretary of 
                                Health and Human Services for further 
                                action.
                    (C) Placement review panels.--
                            (i) In general.--The Ombudsperson shall 
                        provide oversight of placement review panels 
                        (or successor review bodies or processes), 
                        convened by the Office of Refugee Resettlement.
                            (ii) Cooperation of director.--The Director 
                        may--
                                    (I) not later than 5 days before a 
                                placement review panel (or successor 
                                review body or process), is convened by 
                                the Office of Refugee Resettlement, 
                                provide the Ombudsperson with notice of 
                                the convening, including the location 
                                of the immigrant child concerned;
                                    (II) allow the Ombudsperson to 
                                attend the convening of such a panel 
                                (or successor review body or process), 
                                if the immigrant child concerned or the 
                                legal counsel or child advocate of such 
                                child requests the presence of the 
                                Ombudsperson; and
                                    (III) notify the Ombudsperson of 
                                the decision of each such panel (or 
                                successor review body or process).
                            (iii) Civil action not precluded.--Any 
                        review conducted by the Ombudsperson under this 
                        subparagraph of a decision by a placement 
                        review panel or equivalent review body shall 
                        not preclude an immigrant child, or the legal 
                        counsel, child advocate, parent, or prospective 
                        sponsor of the immigrant child, from commencing 
                        a civil action in any appropriate district 
                        court of the United States.
                    (D) Stakeholder meetings.--Not less frequently than 
                quarterly, the Ombudsperson shall invite community 
                stakeholders, Flores settlement agreement class 
                counsel, and the Flores settlement agreement court-
                appointed monitor to participate in a meeting--
                            (i) to ensure that the Ombudsperson is 
                        aware of stakeholder concerns and priorities; 
                        and
                            (ii) to provide feedback on stakeholder 
                        requests.
                    (E) Regional offices.--The Ombudsperson shall 
                establish regional offices of the Office of the 
                Ombudsperson--
                            (i) to ensure the inclusion of pertinent 
                        local and regional issues, trends, and 
                        challenges for consideration by the 
                        Ombudsperson;
                            (ii) to strengthen State oversight;
                            (iii) to coordinate with State licensing 
                        entities; and
                            (iv) to identify and address differences 
                        among State child protection laws.
                    (F) Individual case assistance.--
                            (i) In general.--With respect to an 
                        immigration child in immigration custody, after 
                        consultation with the child's attorney or legal 
                        service provider contracted to provide legal 
                        services, the Ombudsperson may offer individual 
                        case assistance to the child if the case of the 
                        immigrant child is long-pending or otherwise 
                        requires expedited processing or elevated 
                        attention, as determined by the Ombudsperson.
                            (ii) Communication.--
                                    (I) In general.--To ensure a 
                                complete understanding of the status of 
                                a case described in clause (i), the 
                                Ombudsperson may communicate with--
                                            (aa) the immigrant child 
                                        concerned;
                                            (bb) the family members and 
                                        potential sponsor of such 
                                        child; and
                                            (cc) the child advocate, 
                                        legal counsel, Office of 
                                        Refugee Resettlement case 
                                        manager and Federal field 
                                        specialist, the General 
                                        Dynamics Information Technology 
                                        case coordinator, and any other 
                                        relevant individual charged 
                                        with case management of such 
                                        child.
                                    (II) Notification.--In any 
                                communication with an individual 
                                described in items (aa) through (cc), 
                                the Ombudsperson shall--
                                            (aa) inform such individual 
                                        that the individual may refuse 
                                        to continue communication with 
                                        the Ombudsperson; and
                                            (bb) disclose the purpose 
                                        of the communication and the 
                                        scope of the role of the 
                                        Ombudsperson.
                    (G) Subpoena authority.--
                            (i) In general.--Subject to the approval of 
                        the Secretary of Health and Human Services, the 
                        Ombudsperson may--
                                    (I) issue a subpoena to require the 
                                production of all information, reports, 
                                and other documentary evidence 
                                necessary to carry out the duties of 
                                the Ombudsperson; and
                                    (II) invoke the aid of any 
                                appropriate court of the United States.
                            (ii) Timeline for production of 
                        information.--To prevent undue delay of the 
                        placement of an immigrant child, requirements 
                        set forth in a subpoena under clause (i)(I) 
                        shall be satisfactorily fulfilled not later 
                        than 7 days after the date on which the 
                        Ombudsperson issues the subpoena.
                    (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 
                                accessible, to each immigrant child in 
                                a facility; and
                                    (II) such email address is made 
                                available to sponsors, Flores 
                                settlement agreement class counsel, and 
                                legal services providers and child 
                                advocates who serve such immigrant 
                                children.
                    (I) Report to congress.--
                            (i) In general.--Not later than September 
                        30 each year, the Ombudsperson shall submit to 
                        Congress a report on the accomplishments and 
                        challenges of the Office of the Ombudsperson 
                        during the fiscal year ending on that date.
                            (ii) Elements.--Each report required by 
                        clause (i) shall include the following:
                                    (I) For the preceding fiscal year--
                                            (aa) a description of the 
                                        accomplishments and challenges 
                                        relating 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

                                                    (EE) any other 
                                                information the 
                                                Ombudsperson considers 
                                                relevant.

                                    (II) A summary of complaints made 
                                and investigations carried out during 
                                the preceding fiscal year, including--
                                            (aa) the number of 
                                        complaints and number and 
                                        nature of other contacts;
                                            (bb) the number of 
                                        complaints made, including the 
                                        type and source;
                                            (cc) the number of 
                                        investigations carried out;
                                            (dd) the trends and issues 
                                        that arose in the course of 
                                        investigating complaints; and
                                            (ee) the number of pending 
                                        complaints.
                                    (III) A detailed analysis of the 
                                data collected under section 4.
                                    (IV) Recommendations--
                                            (aa) for improving 
                                        implementation and compliance 
                                        with this Act; and
                                            (bb) as to whether the 
                                        Director should renew or cancel 
                                        contracts with particular 
                                        Office of Refugee Resettlement 
                                        grantees.
                                    (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 immigration 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), 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 Director, 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 described 
                        in section 5; and
                            (iii) enter into a memorandum of 
                        understanding, as described in section 6(a).
    (d) Access to Facilities.--The Secretary of Health and Human 
Services and the Secretary of Homeland 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--
                            (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 immigration 
                        custody, after notification of the immigrant 
                        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, documents, 
        papers, recommendations, or any other pertinent 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 Secretary of Health and 
        Human Services and the Secretary of Homeland Security shall 
        provide the Ombudsperson unobstructed access to--
                    (A) real-time custody and detention data for each 
                immigrant child detained by the Government or held in 
                immigration custody, including--
                            (i) the location and level of placement;
                            (ii) biographical information, including 
                        full name, date of birth, country of 
                        citizenship, race, and alien number;
                            (iii) all locations at which the immigrant 
                        child has been detained or held in custody;
                            (iv) the dates and times the immigrant 
                        child is booked in and booked out of any 
                        facility; and
                            (v) transfer and discharge information; 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.--
            (1) In general.--To support the data collection and 
        monitoring duties of the Ombudsperson and to facilitate public 
        monitoring, the Director shall develop a data collection system 
        that collects and maintains the following information:
                    (A) The total number of immigrant children held in 
                custody by the Director, disaggregated by placement 
                level, specific Office of Refugee Resettlement 
                facility, country of citizenship, race, and age.
                    (B) The average and median number of days immigrant 
                children remain in such custody, disaggregated by 
                placement level, specific Office of Refugee 
                Resettlement facility, and age.
                    (C) For all immigrant children in the custody 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 sponsors;
                            (iii) children who have home studies 
                        mandated by section 235 of the Trafficking 
                        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 Resettlement facility, and age.
                    (E) The number of immigrant children discharged to 
                sponsors, disaggregated by sponsor category, placement 
                level, specific Office of Refugee 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 immigrant children 
                held in an Office of Refugee Resettlement facility with 
                more than 25 immigrant 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 Resettlement 
                facility--
                            (i) the percentage of filled capacity;
                            (ii) the maximum number of available beds;
                            (iii) the number and percentage of 
                        immigrant children with special needs or 
                        disabilities (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 immigrant 
                        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.
            (2) Publication.--Not later than the 15th of each month, 
        the Director shall make the data collected 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 enforcement or law enforcement 
        purposes, and the Office of the Ombudsperson may not--
                    (A) use or disclose such data for any purpose other 
                than carrying out the duties of the Office of the 
                Ombudsperson;
                    (B) publish or share individually identifiable 
                information;
                    (C) transmit individually identifiable information, 
                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 officer or 
                employee of the Office of the Ombudsperson who is 
                subject to this subsection, to access or examine such 
                individually identifiable information.
    (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 information 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 immigrant 
        children in immigration custody;
            (2) conducting fact-finding missions and investigations of 
        facilities; and
            (3) ensuring Government and private contractor compliance 
        with applicable law and standards for facilities.
    (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, including--
                    (A) legal advocates or specialists in the fields of 
                child and family welfare, immigration, and human 
                rights;
                    (B) pediatricians or other appropriate pediatric 
                health care experts;
                    (C) child or adolescent psychiatrists or 
                psychologists;
                    (D) social workers;
                    (E) data analysis experts; and
                    (F) any other relevant subject matter expert.
    (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 William Wilberforce Trafficking Victims 
        Protection Reauthorization Act of 2008 (8 U.S.C. 1232); and
            (2) submit to the Ombudsperson recommendations 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
                    (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 enactment of this Act, 
        the Secretary of Homeland Security and the Ombudsperson shall 
        enter into a memorandum of understanding to coordinate 
        oversight between the Department of Homeland Security and the 
        Department of Health and Human Services.
            (2) Elements.--The memorandum of understanding required by 
        paragraph (1) shall do the following:
                    (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 
                Security, including--
                            (i) the location of the immigrant child;
                            (ii) biographical information, including 
                        full name, date of birth, country of 
                        citizenship, race, and alien number;
                            (iii) all locations at which the immigrant 
                        child has been so detained or held in 
                        Department of Homeland Security custody;
                            (iv) exact times at which the immigrant 
                        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 compliance with applicable standards of 
                custody.
                    (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 facilities.
            (3) Limitation.--The memorandum of understanding may only 
        allow the Ombudsperson to share information with the Secretary 
        of Homeland Security 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 understanding required by this subsection, 
        the Comptroller 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 insufficient, the Comptroller General shall 
        recommend actionable 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 representative of 
                the Office of Refugee Resettlement;
                    (C) U.S. Customs and Border Protection;
                    (D) U.S. Immigration and Customs Enforcement;
                    (E) relevant oversight offices, including--
                            (i) the Immigration Detention Ombudsman of 
                        the Department of Homeland Security; and
                            (ii) the Inspectors General of the 
                        Department of Justice, the Department of Health 
                        and Human Services, U.S. Customs and Border 
                        Protection, and U.S. Immigration 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 nongovernmental 
                organizations that provide services to immigrant 
                children to participate in such meetings as the 
                Ombudsperson considers appropriate; and
                    (C) provide to the Ombudsperson a summary 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 conducting independent 
investigations or seeking enforcement actions relating to violations of 
the Flores settlement agreement in any appropriate district court of 
the United States.
                                 <all>