,,ii #aahth ,,congress #ast ,session ,s4 #ccbc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ae1 #bjbc,mrs4 ,gillibrand 7for herself1 ,mr4 ,merkley1 ,ms4 ,warren1 ,mr4 ,blumenthal1 ,ms4 ,cortez ,masto1 ,mr4 ,durbin1 and ,mr4 ,booker7 introduced the following bill2 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 ,custody1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protection of ,kids in ,immigrant ,detention ,act or the ,,prokid ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,committee ,the term ,committee means the expert advisory committee established under section #e7;a74 7#b7 ,director ,the term ,director means the ,director of the ,office of ,refugee ,resettlement4 7#c7 ,facility ,the term facility-- 7,a7 means a location at which #a or more immigrant children are detained by the ,government or held in immigration custody2 and 7,b7 includes-- 7i7 an ,office of ,refugee ,resettlement facility2 and 7ii7 a ,department of ,homeland ,security facility1 including-- 7,i7 a ,u4,s4 ,customs and ,border ,protection temporary holding facility and transportation contractor2 7,,ii7 a ,u4,s4 ,immigration and ,customs ,enforcement family detention facility2 7,,iii7 a ,u4,s4 ,immigration and ,customs ,enforcement juvenile facility2 7,,iv7 a location operated by a private entity1 including a hotel room2 and 7,v7 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 child4 7#d7 ,immigration custody ,the term immigration custody means the physical custody of the ,secretary of ,health and ,human ,services or the ,secretary of ,homeland ,security 7or the head of any successor agency of the ,department of ,health and ,human ,services or the ,department of ,homeland ,security74 7#e7 ,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 emergency4 7#f7 ,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 #ag1 #aiig 7,,cv #he-dedd-,,rjk74 7#g7 ,immigrant child ,the term immigrant child means an alien 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a777 under the age of #ah years4 7#h7 ,in-network facility ,the term in-network facility means a facility operated by an ,office of ,refugee ,resettlement grantee1 subgrantee1 contractor1 or subcontractor4 7#i7 ,office of refugee resettlement facility ,the term ,office of ,refugee ,resettlement facility-- 7,a7 means-- 7i7 a shelter operated by an ,office of ,refugee ,resettlement grantee1 subgrantee1 contractor1 or subcontractor to hold immigrant children2 7ii7 staff secure1 secure care1 or transitional foster care housing or long term foster care so operated2 or 7iii7 any other location operated by the ,office of ,refugee ,resettlement to hold immigrant children2 and 7,b7 includes an in-network facility and an out-of-network facility4 7#aj7 ,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 #c7;a74 7#aa7 ,ombudsperson ,the term ,ombudsperson means the ombudsperson appointed under section #c7;c74 7#ab7 ,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 child1 such as medical or mental health support4 7#ac7 ,unobstructed access ,the term unobstructed access means-- 7,a7 with respect to a facility1 the ability to enter the facility1 including unannounced1 to tour and physically visit all areas of the facility2 and 7,b7 with respect to information1 the ability to obtain requested information in a timely manner with the full cooperation of the ,director1 the ,secretary of ,homeland ,security1 or the ,secretary of ,health and ,human ,services1 as applicable4 7#ad7 ,working group ,the term ,working ,group means the interagency working group established under section #f7;b74 #c4 ,office of the ,ombudsperson for ,immigrant children in ,immigration ,custody 7a7 ,establishment ,there is established1 within the ,department of ,health and ,human ,services1 an ,office of the ,ombudsperson for ,immigrant ,children in ,immigration ,custody-- 7#a7 to endorse and support the principle that family separation and detention are generally not in a child's best interest2 and 7#b7 in cases in which detention or immigration custody is required-- 7,a7 to ensure that immigrant children are only detained or held in immigration custody in the least restrictive setting2 7,b7 to advocate for the quick1 safe1 and efficient release of immigrant children from detention or immigration custody whenever possible2 and 7,c7 in any case in which an immigrant child is held in ,department of ,homeland ,security custody together with his or her family unit1 to advocate for the release of the child and concurrent release of the parent or legal guardian of the child not later than #gb hours after the time at which such child and parent or legal guardian were apprehended4 7b7 ,independence ,the ,office of the ,ombudsperson shall be an impartial1 confidential resource fully independent of-- 7#a7 the ,office of ,refugee ,resettlement of the ,department of ,health and ,human ,services2 and 7#b7 the ,department of ,homeland ,security4 7c7 ,ombudsperson 7#a7 ,in general ,the ,office of the ,ombudsperson shall be headed by an ,ombudsperson1 who shall be appointed by1 and report directly to1 the ,secretary of ,health and ,human ,services4 7#b7 ,qualifications ,the individual appointed as ,ombudsperson shall have demonstrated experience in-- 7,a7 immigration law2 and 7,b7 child advocacy or child welfare4 7#c7 ,duties and authorities 7,a7 ,monitoring 7i7 ,in general ,the ,ombudsperson shall monitor1 including by making frequent site visits1 for compliance with all applicable ,federal and ,state laws1 regulations1 and standards relating to immigrant children in immigration custody4 7ii7 ,inclusions ,the laws1 regulations1 and standards referred to in clause 7i7 include-- 7,i7 the ,flores settlement agreement2 7,,ii7 section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb72 7,,iii7 the applicable provisions of the ,prison ,rape ,elimination ,act of #bjjc 7#cd ,u4,s4,c4 #cjcja et seq472 7,,iv7 the standards of ,u4,s4 ,customs and ,border ,protection entitled ,national ,standards on ,transport1 ,escort1 ,detention1 and ,search issued in ,october #bjae2 and 7,v7 internal ,office of ,refugee ,resettlement policy guidance1 including the guidance entitled ,,orr ,policy ,guide3 ,children ,entering the ,united ,states ,unaccompanied issued on ,january #cj1 #bjae4 7iii7 ,onsite visits for influx facilities and unlicensed facilities 7,i7 ,in general ,not less frequently than monthly during the period in which an influx facility or an unlicensed facility is in operation1 the ,ombudsperson shall conduct a comprehensive onsite visit at such facility to monitor for compliance with applicable ,federal and ,state law 7including regulations71 including-- 7aa7 the ,flores settlement agreement2 and 7bb7 section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb74 7,,ii7 ,certain unlicensed facilities ,the onsite visits required by subclause 7,i7 shall include visits to any unlicensed facility4 7,b7 ,investigations 7i7 ,in general ,the ,ombudsperson shall investigate issues including-- 7,i7 claims or reports of abuse1 neglect1 or mistreatment of immigrant children1 by the ,government or any other entity1 while in immigration custody2 7,,ii7 complaints against foster care providers1 including foster care providers under ,state oversight2 7,,iii7 a lack of timely1 confidential access to professionals such as legal counsel1 legal services providers1 child advocates1 and medical professionals2 and 7,,iv7 complaints with respect to-- 7aa7 the conditions of custody or length of time in custody in any facility2 and 7bb7 sexual abuse or sexual harassment1 including potential violations of part #daa of title #de1 ,code of ,federal ,regulations 7relating to standards to prevent1 detect1 and respond to sexual abuse and sexual harassment involving unaccompanied children74 7ii7 ,state licensing violations ,if in the course of an investigation under clause 7i7 the ,ombudsperson discovers a ,state licensing violation1 the ,ombudsperson shall report the violation to the child welfare licensing agency of the applicable ,state4 7iii7 ,violations in unlicensed facilities 7,i7 ,in general ,the ,ombudsperson shall investigate any potential violation of law1 regulation1 or standard in an influx facility or unlicensed facility1 including any such facility the license of which has been revoked by a ,state4 7,,ii7 ,report ,if in the course of an investigation under subclause 7,i71 the ,ombudsperson determines that a violation of law1 regulation1 or standard has occurred1 not later than #cj days after making such determination1 the ,ombudsperson shall report the violation the ,secretary of ,health and ,human ,services for further action4 7,c7 ,placement review panels 7i7 ,in general ,the ,ombudsperson shall provide oversight of placement review panels 7or successor review bodies or processes71 convened by the ,office of ,refugee ,resettlement4 7ii7 ,cooperation of ,director ,the ,director may-- 7,i7 not later than #e days before a placement review panel 7or successor review body or process71 is convened by the ,office of ,refugee ,resettlement1 provide the ,ombudsperson with notice of the convening1 including the location of the immigrant child concerned2 7,,ii7 allow the ,ombudsperson to attend the convening of such a panel 7or successor review body or process71 if the immigrant child concerned or the legal counsel or child advocate of such child requests the presence of the ,ombudsperson2 and 7,,iii7 notify the ,ombudsperson of the decision of each such panel 7or successor review body or process74 7iii7 ,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 child1 or the legal counsel1 child advocate1 parent1 or prospective sponsor of the immigrant child1 from commencing a civil action in any appropriate district court of the ,united ,states4 7,d7 ,stakeholder meetings ,not less frequently than quarterly1 the ,ombudsperson shall invite community stakeholders1 ,flores settlement agreement class counsel1 and the ,flores settlement agreement court-appointed monitor to participate in a meeting-- 7i7 to ensure that the ,ombudsperson is aware of stakeholder concerns and priorities2 and 7ii7 to provide feedback on stakeholder requests4 7,e7 ,regional offices ,the ,ombudsperson shall establish regional offices of the ,office of the ,ombudsperson-- 7i7 to ensure the inclusion of pertinent local and regional issues1 trends1 and challenges for consideration by the ,ombudsperson2 7ii7 to strengthen ,state oversight2 7iii7 to coordinate with ,state licensing entities2 and 7iv7 to identify and address differences among ,state child protection laws4 7,f7 ,individual case assistance 7i7 ,in general ,with respect to an immigration child in immigration custody1 after consultation with the child's attorney or legal service provider contracted to provide legal services1 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 attention1 as determined by the ,ombudsperson4 7ii7 ,communication 7,i7 ,in general ,to ensure a complete understanding of the status of a case described in clause 7i71 the ,ombudsperson may communicate with-- 7aa7 the immigrant child concerned2 7bb7 the family members and potential sponsor of such child2 and 7cc7 the child advocate1 legal counsel1 ,office of ,refugee ,resettlement case manager and ,federal field specialist1 the ,general ,dynamics ,information ,technology case coordinator1 and any other relevant individual charged with case management of such child4 7,,ii7 ,notification ,in any communication with an individual described in items 7aa7 through 7cc71 the ,ombudsperson shall-- 7aa7 inform such individual that the individual may refuse to continue communication with the ,ombudsperson2 and 7bb7 disclose the purpose of the communication and the scope of the role of the ,ombudsperson4 7,g7 ,subpoena authority 7i7 ,in general ,subject to the approval of the ,secretary of ,health and ,human ,services1 the ,ombudsperson may-- 7,i7 issue a subpoena to require the production of all information1 reports1 and other documentary evidence necessary to carry out the duties of the ,ombudsperson2 and 7,,ii7 invoke the aid of any appropriate court of the ,united ,states4 7ii7 ,timeline for production of information ,to prevent undue delay of the placement of an immigrant child1 requirements set forth in a subpoena under clause 7i77,i7 shall be satisfactorily fulfilled not later than #g days after the date on which the ,ombudsperson issues the subpoena4 7,h7 ,reporting mechanisms 7i7 ,in general ,the ,ombudsperson shall establish and maintain-- 7,i7 a toll-free telephone number to receive complaints and reports of matters for investigation2 and 7,,ii7 an email address to receive complaints1 such reports1 and requests for review of placement decisions4 7ii7 ,availability ,the ,ombudsperson shall ensure that-- 7,i7 such telephone number is made available1 and a telephone is accessible1 to each immigrant child in a facility2 and 7,,ii7 such email address is made available to sponsors1 ,flores settlement agreement class counsel1 and legal services providers and child advocates who serve such immigrant children4 7,i7 ,report to ,congress 7i7 ,in general ,not later than ,september #cj each year1 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 date4 7ii7 ,elements ,each report required by clause 7i7 shall include the following3 7,i7 ,for the preceding fiscal year-- 7aa7 a description of the accomplishments and challenges relating to implementation and compliance with this ,act2 and 7bb7 a summary of-- 7,,aa7 each site visit conducted2 7,,bb7 any interview with an immigrant child or facility staff2 7,,cc7 facility audits and corrective actions taken or recommended2 7,,dd7 appeals made to the ,ombudsperson2 and 7,,ee7 any other information the ,ombudsperson considers relevant4 7,,ii7 ,a summary of complaints made and investigations carried out during the preceding fiscal year1 including-- 7aa7 the number of complaints and number and nature of other contacts2 7bb7 the number of complaints made1 including the type and source2 7cc7 the number of investigations carried out2 7dd7 the trends and issues that arose in the course of investigating complaints2 and 7ee7 the number of pending complaints4 7,,iii7 ,a detailed analysis of the data collected under section #d4 7,,iv7 ,recommendations-- 7aa7 for improving implementation and compliance with this ,act2 and 7bb7 as to whether the ,director should renew or cancel contracts with particular ,office of ,refugee ,resettlement grantees4 7,v7 ,a description of the priorities for the subsequent fiscal year4 7,j7 ,recommendations to ,office of ,refugee ,resettlement 7i7 ,in general ,not less frequently than every #ahj days1 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 ,resettlement4 7ii7 ,response ,not later than #ij days after the date on which the ,director receives recommendations under clause 7i71 the ,director shall respond to the ,ombudsperson in writing4 7iii7 ,role of ,secretary of ,health and ,human ,services ,in the case of a recommendation under clause 7i7 that is not addressed and resolved by the ,director1 the ,ombudsperson may elevate the recommendation to the ,secretary of ,health and ,human ,services for resolution4 7,k7 ,additional duties ,the ,ombudsperson shall-- 7i7 conduct a review of data collection1 as described in section #d7;a72 7ii7 establish the ,committee1 as described in section #e2 and 7iii7 enter into a memorandum of understanding1 as described in section #f7;a74 7d7 ,access to facilities ,the ,secretary of ,health and ,human ,services and the ,secretary of ,homeland ,security shall ensure-- 7#a7 unobstructed access by the ,ombudsperson to any facility2 and 7#b7 the ability of the ,ombudsperson-- 7,a7 to monitor any facility2 and 7,b7 to meet confidentially with-- 7i7 staff of any facility2 7ii7 employees and contractors of the ,office of ,refugee ,resettlement and the ,department of ,homeland ,security2 and 7iii7 any immigrant child in immigration custody1 after notification of the immigrant child's counsel1 as applicable4 7e7 ,access to information ,the ,secretary of ,health and ,human ,services shall ensure unobstructed and timely access by the ,ombudsperson to-- 7#a7 the case files1 records1 reports1 audits1 documents1 papers1 recommendations1 or any other pertinent information relating to the care and custody of an immigrant child2 and 7#b7 the written policies and procedures of all ,office of ,refugee ,resettlement facilities4 #d4 ,data collection 7a7 ,independent review by ombudsperson 7#a7 ,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 facilities4 7#b7 ,collaboration required ,the ,secretary of ,health and ,human ,services and the ,secretary of ,homeland ,security shall provide the ,ombudsperson unobstructed access to-- 7,a7 real-time custody and detention data for each immigrant child detained by the ,government or held in immigration custody1 including-- 7i7 the location and level of placement2 7ii7 biographical information1 including full name1 date of birth1 country of citizenship1 race1 and alien number2 7iii7 all locations at which the immigrant child has been detained or held in custody2 7iv7 the dates and times the immigrant child is booked in and booked out of any facility2 and 7v7 transfer and discharge information2 and 7,b7 ,department of ,homeland ,security and ,department of ,health and ,human ,services data personnel for the purpose of reviewing data collection and integrity issues4 7b7 ,office of ,refugee ,resettlement data collection system 7#a7 ,in general ,to support the data collection and monitoring duties of the ,ombudsperson and to facilitate public monitoring1 the ,director shall develop a data collection system that collects and maintains the following information3 7,a7 ,the total number of immigrant children held in custody by the ,director1 disaggregated by placement level1 specific ,office of ,refugee ,resettlement facility1 country of citizenship1 race1 and age4 7,b7 ,the average and median number of days immigrant children remain in such custody1 disaggregated by placement level1 specific ,office of ,refugee ,resettlement facility1 and age4 7,c7 ,for all immigrant children in the custody of the ,secretary of ,health and ,human ,services1 the median time-to-release1 disaggregated by-- 7i7 children released to parents or legal guardians2 7ii7 children released to other sponsors2 7iii7 children who have home studies mandated by section #bce of the ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb72 7iv7 children granted home studies through the discretion of the ,director2 and 7v7 all other children4 7,d7 ,the average and median number of days immigrant children stay in an ,office of ,refugee ,resettlement facility1 disaggregated by placement level1 specific ,office of ,refugee ,resettlement facility1 and age4 7,e7 ,the number of immigrant children discharged to sponsors1 disaggregated by sponsor category1 placement level1 specific ,office of ,refugee ,resettlement facility1 and age4 7,f7 ,the sponsor category and age of each immigrant child held at each ,office of ,refugee ,resettlement facility4 7,g7 ,the average and median number of days immigrant children stay in an ,office of ,refugee ,resettlement facility1 disaggregated by sponsor category4 7,h7 ,the number and percentage of immigrant children held in an ,office of ,refugee ,resettlement facility with more than #be immigrant children1 disaggregated by placement level and age4 7,i7 ,the percentage of filled capacity across all ,office of ,refugee ,resettlement facilities1 disaggregated by placement level4 7,j7 ,the total number of children held at out-of-network facilities1 disaggregated by placement level and age4 7,k7 ,for each ,office of ,refugee ,resettlement facility-- 7i7 the percentage of filled capacity2 7ii7 the maximum number of available beds2 7iii7 the number and percentage of immigrant children with special needs or disabilities 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb771 disaggregated by placement level and age2 and 7iv7 the number and percentage of immigrant children receiving mandatory home studies1 discretionary home studies1 and tier #a1 tier #b1 and tier #c post-release services1 disaggregated by placement level and age4 7#b7 ,publication ,not later than the #aeth of each month1 the ,director shall make the data collected under paragraph 7#a7 for the preceding month available to the public on the internet website of the ,office of ,refugee ,resettlement4 7c7 ,prohibition on certain uses of data 7#a7 ,in general ,the data collected under this section may not be used for immigration enforcement or law enforcement purposes1 and the ,office of the ,ombudsperson may not-- 7,a7 use or disclose such data for any purpose other than carrying out the duties of the ,office of the ,ombudsperson2 7,b7 publish or share individually identifiable information2 7,c7 transmit individually identifiable information1 including to a local1 ,state1 or ,federal law enforcement agency1 for any purpose other than carrying out the duties of the ,office of the ,ombudsperson2 or 7,d7 allow any individual1 other than an officer or employee of the ,office of the ,ombudsperson who is subject to this subsection1 to access or examine such individually identifiable information4 7d7 ,privacy protections ,any data collected1 stored1 received1 or published under this ,act shall be-- 7#a7 collected1 stored1 received1 or published in a manner that protects the privacy of individuals whose information is included in such data2 7#b7 de-identified or anonymized in a manner that protects the identity of all individuals whose information is included in such data2 and 7#c7 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 collects1 stores1 or receives the data1 and from any other inappropriate uses4 #e4 ,expert advisory committee 7a7 ,establishment ,not later than #ij days after the date of the enactment of this ,act1 the ,ombudsperson shall establish an expert advisory committee to assist the ,ombudsperson in-- 7#a7 identifying relevant trends relating to immigrant children in immigration custody2 7#b7 conducting fact-finding missions and investigations of facilities2 and 7#c7 ensuring ,government and private contractor compliance with applicable law and standards for facilities4 7b7 ,membership ,the members of the ,committee shall-- 7#a7 be appointed by the ,ombudsperson2 7#b7 represent various geographical regions2 and 7#c7 be comprised of subject matter experts1 including-- 7,a7 legal advocates or specialists in the fields of child and family welfare1 immigration1 and human rights2 7,b7 pediatricians or other appropriate pediatric health care experts2 7,c7 child or adolescent psychiatrists or psychologists2 7,d7 social workers2 7,e7 data analysis experts2 and 7,f7 any other relevant subject matter expert4 7c7 ,meetings ,the ,committee shall meet not less frequently than quarterly4 7d7 ,duties ,the ,committee shall regularly-- 7#a7 review facility compliance with applicable law and standards relating to ,government detention and custody of immigrant children1 including the ,flores settlement agreement and section #bce of the ,william ,wilberforce ,trafficking ,victims ,protection ,reauthorization ,act of #bjjh 7#h ,u4,s4,c4 #abcb72 and 7#b7 submit to the ,ombudsperson recommendations for improvement4 7e7 ,onsite monitoring visits 7#a7 ,in general ,not less frequently than monthly1 #a 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 custody1 after notification of counsel1 as applicable4 7#b7 ,elements ,each onsite monitoring visit conducted under paragraph 7#a7 shall include-- 7,a7 an evaluation of the compliance of the facility with-- 7i7 all applicable laws and standards2 and 7ii7 the facility standards under the ,prison ,rape ,elimination ,act of #bjjc 7#cd ,u4,s4,c4 #cjcja et seq472 7,b7 an assessment of the delivery of1 and immigrant children's access to1 health care and mental health care services2 7,c7 an assessment of immigrant children's access to counsel and legal services2 and 7,d7 private1 confidential interviews with immigrant children housed in the facility4 #f4 ,coordination with department of homeland security 7a7 ,memorandum of understanding 7#a7 ,in general ,on the date of the enactment of this ,act1 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 ,services4 7#b7 ,elements ,the memorandum of understanding required by paragraph 7#a7 shall do the following3 7,a7 ,require the ,secretary of ,homeland ,security to provide information1 on a real-time basis1 to the ,ombudsperson with respect to each immigrant child detained by ,u4,s4 ,customs and ,border ,protection or ,u4,s4 ,immigration and ,customs ,enforcement1 or who is otherwise in the custody of the ,secretary of ,homeland ,security1 including-- 7i7 the location of the immigrant child2 7ii7 biographical information1 including full name1 date of birth1 country of citizenship1 race1 and alien number2 7iii7 all locations at which the immigrant child has been so detained or held in ,department of ,homeland ,security custody2 7iv7 exact times at which the immigrant child was booked in and booked out of such custody2 7v7 the date on which the immigrant child is released from such custody or transferred to the custody of the ,secretary of ,health and ,human ,services2 7vi7 in the case of an immigrant child who remains in ,department of ,homeland ,security custody for more than #gb hours1 the reason for such continued custody2 and 7vii7 any other information the ,ombudsperson considers relevant to the oversight and monitoring duties described in section #c7;c77#c74 7,b7 ,establish the right of the ,ombudsperson and the ,committee to monitor ,department of ,homeland ,security facilities for compliance with applicable standards of custody4 7,c7 ,provide the ,ombudsperson and the ,committee full and unobstructed access to-- 7i7 ,department of ,homeland ,security facilities for regular site visits2 and 7ii7 the written policies and procedures of ,department of ,homeland ,security facilities4 7#c7 ,limitation ,the memorandum of understanding may only allow the ,ombudsperson to share information with the ,secretary of ,homeland ,security on a case-by-case basis1 and with the informed consent of the immigrant child concerned1 if the ,ombudsperson determines that such information sharing may facilitate the release of the immigrant child from custody4 7#d7 ,evaluation ,not later than #b years after the ,ombudsperson and the ,secretary of ,homeland ,security enter into the memorandum of understanding required by this subsection1 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 ,act4 7#e7 ,recommendations ,if the ,comptroller ,general makes a determination under paragraph 7#d7 that the memorandum of understanding is insufficient1 the ,comptroller ,general shall recommend actionable steps to be implemented-- 7,a7 to improve coordination between the ,ombudsperson and the ,secretary of ,homeland ,security2 and 7,b7 to ensure effectiveness of the mandate of the ,ombudsperson4 7b7 ,interagency working group 7#a7 ,establishment ,there is established an interagency working group to identify and discuss concerns relating to immigrant children in facilities4 7#b7 ,membership ,the ,working ,group shall be composed of representatives of-- 7,a7 the ,department of ,justice2 7,b7 the ,department of ,health and ,human ,services1 including the ,director or a senior representative of the ,office of ,refugee ,resettlement2 7,c7 ,u4,s4 ,customs and ,border ,protection2 7,d7 ,u4,s4 ,immigration and ,customs ,enforcement2 7,e7 relevant oversight offices1 including-- 7i7 the ,immigration ,detention ,ombudsman of the ,department of ,homeland ,security2 and 7ii7 the ,inspectors ,general of the ,department of ,justice1 the ,department of ,health and ,human ,services1 ,u4,s4 ,customs and ,border ,protection1 and ,u4,s4 ,immigration and ,customs ,enforcement2 and 7,f7 any other relevant ,federal agency or office4 7#c7 ,meetings ,the ,working ,group shall-- 7,a7 hold meetings not less frequently than quarterly2 7,b7 invite representatives of nongovernmental organizations that provide services to immigrant children to participate in such meetings as the ,ombudsperson considers appropriate2 and 7,c7 provide to the ,ombudsperson a summary of each such meeting4 #g4 ,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 ,states4