[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8536 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8536
To establish the Office of the Ombudsperson for Immigrant Children in
Immigration Custody, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 23, 2024
Ms. Jayapal (for herself, Mr. Nadler, Ms. Norton, Ms. Omar, Mr. Goldman
of New York, Mr. Jackson of Illinois, Mr. Castro of Texas, Mrs.
Ramirez, Ms. Barragan, Mr. McGovern, Mrs. Hayes, Ms. Jackson Lee, Ms.
Lee of California, Ms. Balint, Ms. Lofgren, Ms. Scanlon, and Ms. Tlaib)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Homeland Security,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
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 ``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.
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