Children’s Safe Welcome Act of 2026

(a) Establishment.— There is established within the Department of Health and Human Services an Office of the Ombudsperson for Unaccompanied Noncitizen Children (referred to in this section as the “Office”) to monitor and oversee compliance with this Act and the amendments made by this Act.

(b) Independence.— The Office shall be an impartial, confidential resource that is fully independent of—

(1) the Office of Refugee Resettlement; and

(2) the Department of Homeland Security.

(c) Ombudsperson.—

(1) In general.— The Office shall be headed by an Ombudsperson, who shall be appointed by, and report directly to, the Secretary.

(2) Recommendations from stakeholders.— Before making an appointment under paragraph (1), the Secretary shall solicit and consider candidate recommendations from organizations that provide legal services to, and advocate on behalf of, immigrant children.

(3) Limitation on certain former employees.— The Secretary may not appoint as Ombudsperson any individual who, during the 2-year period preceding the date of appointment, was an employee of the Office of Refugee Resettlement or the Department of Homeland Security.

(4) Term.—

(A) In general.— Subject to subparagraph (C), the term of an Ombudsperson appointed under this subsection shall be not more than 4 years.

(B) Consecutive terms.— An Ombudsperson may be appointed for consecutive terms.

(C) Expiration.— The term of an Ombudsperson shall not expire before the date on which the Ombudsperson's successor is appointed.

(5) Removal for cause.— The Secretary may only remove or suspend an Ombudsperson for neglect of duty or gross misconduct.

(6) Duties and authorities.—

(A) Regional offices.—

(i) Establishment.— The Ombudsperson shall establish not fewer than 7 regional offices of the Office—

(I) to strengthen State oversight;

(II) to investigate complaints;

(III) to coordinate with State licensing entities; and

(IV) to identify and address differences among State child protection laws.

(ii) Locations.—

(I) In general.— The regional offices required under clause (i) shall be established in the following locations:

(aa) 1 regional office in Texas.

(bb) 1 regional office in Arizona.

(cc) 1 regional office in California or a State in the Northwest.

(dd) 1 regional office in a State in the Midwest.

(ee) 1 regional office in a State in the Mid-Atlantic.

(ff) 1 regional office in a State in the Northeast.

(gg) 1 regional office in a State in the Southeast.

(II) Additional locations.— The Ombudsperson may make a recommendation to the Secretary with respect to the location of any additional regional office.

(iii) Appointment of deputies.— The Ombudsperson shall appoint a full-time deputy for each regional office, who shall serve at the Ombudsperson's discretion.

(iv) Applicability of other provisions.— The regional offices established under this subparagraph shall have the same access to facilities and records, maintain the same rights, roles, and responsibilities, and be subject to the same confidentiality requirements as the Office.

(B) Hiring.—

(i) In general.— The Ombudsperson shall hire to carry out the functions of the Office necessary personnel, including clerical personnel, who shall serve at the discretion of the Ombudsperson.

(ii) Subject matter experts.— The personnel hired under clause (i) shall include relevant subject matter experts, including—

(I) legal advocates or specialists in the fields of child and family welfare, immigration, and human rights;

(II) pediatricians;

(III) child and adolescent psychiatrists and psychologists;

(IV) social workers;

(V) data analysts with demonstrable expertise in child welfare or immigration; and

(VI) youth or young adults with experience as noncitizen children in immigration custody.

(C) Monitoring.—

(i) In general.— The Ombudsperson shall monitor, including by making site visits, for compliance with all applicable law and standards relating to noncitizen children in immigration custody.

(ii) Influx facilities.— The Ombudsperson shall conduct site visits of influx facilities, as described in section 306.

(D) Investigations.—

(i) In general.— The Ombudsperson—

(I) may conduct any investigation relating to noncitizen children in immigration custody the Ombudsperson considers necessary; and

(II) shall investigate—

(aa) claims of abuse, neglect, or mistreatment of noncitizen children by the Government or any other entity while in immigration custody; and

(bb) complaints made against foster care providers, including in the case of such a provider that is subject to State oversight.

(ii) Timeline.— The Ombudsperson shall commence an investigation under clause (i)(II) not later than 30 days after the date on which a claim or complaint described in that clause is received.

(iii) Reporting of State licensing violations.— If in the course of an investigation under clause (i)(II)(bb) the Ombudsperson discovers a State licensing violation, the Ombudsperson shall report the violation to the child welfare licensing agency of the applicable State.

(iv) Procedures.— The Ombudsperson shall establish a procedure for conducting investigations, receiving and processing complaints, and reporting findings.

(v) Notification.—

(I) Commencement of investigation.— If the Ombudsperson decides to commence an investigation based on a complaint received, not later than 45 days after the date on which the investigation commences, the Ombudsperson shall so notify the complainant.

(II) Decision not to investigate or to discontinue investigation.— If the Ombudsperson decides not to investigate a complaint or to discontinue an investigation commenced under this subparagraph, not later than 45 days after the date on which such an action is taken, the Ombudsperson shall notify the complainant and provide a reason for such action.

(III) Progress and results.— The Ombudsperson shall provide a complainant with updates on the progress of an investigation and shall notify the complainant of the results of the investigation.

(vi) Confidentiality.—

(I) In general.— All information obtained by the Ombudsperson from a complaint shall be confidential under applicable Federal and State confidentiality law, regardless of whether the Ombudsperson—

(aa) investigates the complaint;

(bb) refers the complaint to any other entity for investigation; or

(cc) determines that the complaint is not a proper subject for an investigation.

(II) Disclosure.— Disclosure of any such information may only occur as necessary to carry out the mission of the Office and as permitted by law.

(E) Reporting mechanisms.—

(i) In general.— The Ombudsperson shall establish and maintain—

(I) a public toll-free telephone number to receive complaints and reports of matters for investigation; and

(II) a public email address to receive complaints, such reports, and requests for review of placement and sponsorship decisions.

(ii) Availability.—

(I) In general.— The Ombudsperson shall ensure that such telephone number and email address—

(aa) are made available, and a telephone is accessible, to all children in immigration custody; and

(bb) are made available to prospective sponsors, sponsors, Flores settlement agreement class counsel, and legal services providers and child advocates who serve such noncitizen children.

(II) Sponsorship applications.— The Director shall provide such telephone number and email address to the prospective sponsor of each unaccompanied noncitizen child.

(iii) Language access.—

(I) In general.— Such telephone number and email address shall be posted in public areas of each facility or placement in which 1 or more children in immigration custody are held, in multiple languages, including the top 20 preferred languages.

(II) Additional languages.— The Ombudsperson may require that such contact information be made available and posted in any additional language the Ombudsperson considers necessary based on the demographics of arriving noncitizen children.

(F) Hearings.— The Ombudsperson may hold public hearings as the Ombudsperson considers necessary.

(G) Individual case assistance and review.—

(i) In general.— The Ombudsperson may offer individual case assistance for noncitizen children in immigration custody.

(ii) Communication with others.— In providing such individual case assistance, the Ombudsperson may speak with a noncitizen child’s prospective sponsor, family members, child advocate, legal counsel, case manager, case coordinator, and Office of Refugee Resettlement Federal field specialist staffing the noncitizen child’s case, as applicable.

(H) Stakeholder meetings.—

(i) Community stakeholders.— Not less frequently than quarterly, the Ombudsperson shall invite community stakeholders, including attorneys who represent noncitizen children in immigration custody, to participate in a meeting.

(ii) Data tracking personnel.— Not less frequently than quarterly, the Ombudsperson shall invite personnel of the Department of Homeland Security and the Department of Health and Human Services who manage the data tracking systems described in section 602 to participate in a meeting for the purpose of informing the Ombudsperson with respect to the efficacy and responsiveness of the system with empirical data, analysis, and data needs.

(iii) Additional meetings.— The Ombudsperson may convene additional meetings at any time, as the Ombudsperson considers necessary.

(I) Reporting.—

(i) Annual public report.—

(I) In general.— Not less frequently than annually, the Ombudsperson shall issue a public report on the implementation of and compliance with this Act and the amendments made by this Act, by the Secretary and the Secretary of Homeland Security.

(II) Elements.— Each report under subclause (I) shall include the following:

(aa) For the preceding fiscal year, the accomplishments and challenges relating to such implementation and compliance.

(bb) 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.

(cc) For the preceding fiscal year, a summary of—

(AA) each site visit conducted;

(BB) any interview with a noncitizen 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.

(dd) A detailed analysis of the data collected under section 602.

(ee) Recommendations—

(AA) for improving implementation and compliance with this Act and the amendments made by this Act; and

(BB) as to whether the Director should renew or cancel contracts with particular Office of Refugee Resettlement grantees.

(ff) A description of the priorities for the subsequent fiscal year.

(ii) Report on training materials.— The Ombudsperson shall issue a public report on the training materials developed by the Director under section 203(d)(4) that includes a description of any concerns the Ombudsperson has with respect to the materials.

(iii) Additional reports.— The Ombudsperson may issue additional reports at any time, including data analyses and findings, as the Ombudsperson considers necessary.

(J) Information gathering.—

(i) In general.— The Ombudsperson may submit to the Director, the Director of U.S. Immigration and Customs Enforcement, and the juvenile coordinators of U.S. Customs and Border Protection requests for information with respect to the implementation of this Act.

(ii) Response required.— Not later than 30 days after the date on which a juvenile coordinator receives a request for information under clause (i), the juvenile coordinator shall submit a detailed response to the Ombudsperson, the Director, the Director of U.S. Immigration and Customs Enforcement, and the Commissioner of U.S. Customs and Border Protection.

(iii) Cooperation required.— The Secretary and the Secretary of Homeland Security shall—

(I) cooperate with any request for information by the Ombudsperson; and

(II) report to the Ombudsperson any policy or instruction issued to employees regarding the implementation of this Act.

(K) Subpoena authority.—

(i) In general.— 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) compel by subpoena, at a specified time and place—

(aa) the appearance and sworn testimony of an individual who the Ombudsperson reasonably believes may be able to provide information relating to a matter under investigation; and

(bb) the production by an individual of a record of an object that the Ombudsperson reasonably believes may relate to a matter under investigation.

(ii) Effect of failure to comply.— In the case of an individual who fails to comply with a subpoena issued under this subparagraph, the Ombudsperson may commence a civil action in an appropriate court.

(L) Additional duties.— The Ombudsperson shall—

(i) develop notices of rights, as described in sections 105(d)(5) and 202;

(ii) review training materials, as described in section 203(d)(4);

(iii) conduct reviews of decisions in placement review hearings, as described in section 226(b)(6);

(iv) conduct reviews of decisions in sponsorship hearings, as described in section 232(b)(3)(H);

(v) regularly review data collected under section 602; and

(vi) track and monitor processing times and length of custody for noncitizen children in immigration custody.

(d) Access.—

(1) Facilities.—

(A) In general.— The Secretary and the Secretary of Homeland Security shall ensure unobstructed access by the Ombudsperson to any facility at which a noncitizen child is detained.

(B) Information collection for site visits.— For each site visit conducted by the Ombudsperson, facility staff shall provide a list of the unaccompanied noncitizen children housed in the facility, including their names, alien registration numbers, dates of birth, dates of apprehension, and the dates of facility placement—

(i) in the case of an announced site visit, not less than 48 hours before the arrival of the Ombudsperson; and

(ii) in the case of an unannounced site visit, on the arrival of the Ombudsperson.

(C) Private and confidential space.— A facility shall provide a private and confidential space in which the Ombudsperson may interview unaccompanied noncitizen children and staff.

(D) Delegation.— The Ombudsperson may designate 1 or more individuals from outside the Ombudperson’s office to conduct site visits and interview detained children.

(2) Information.— On request by the Ombudsperson, the Secretary shall ensure, not later than 48 hours after receipt of the request, unobstructed access by the Ombudsperson to—

(A) the case files, records, reports, audits, documents, papers, recommendations, or any other pertinent information relating to the care and custody of a noncitizen child; and

(B) the written policies and procedures of all childcare facilities.

(3) Definition of unobstructed access.— In this subsection, the term unobstructed access means—

(A) with respect to a facility, the ability—

(i) to enter the facility at any time, including unannounced, to observe and inspect all areas of the facility;

(ii) to communicate privately and without restriction with any child, caregiver, facility staff, or volunteer; and

(iii) to obtain, review, and reproduce any—

(I) record of a child, staff member, or caregiver;

(II) administrative record, policy, or document of any facility;

(III) licensing record maintained by the applicable Federal or State agency; or

(IV) record, including a confidential record, of a Federal or State agency or any contractor of a Federal or State agency, except sealed court records, production of which may only be compelled by subpoena; and

(B) with respect to information, the ability to obtain requested information in a timely manner and with the full cooperation of the Secretary or the Secretary of Homeland Security, as applicable.

(e) Confidentiality.—

(1) Identity of complainants and witnesses.— The Ombudsperson shall maintain confidentiality with respect to the identities of complainants or witnesses coming before the Office, except if such a disclosure is necessary—

(A) to carry out the duties of the Ombudsperson; and

(B) to support recommendations made in individual cases, annual reports, or other reports.

(2) Records.— In accordance with relevant Federal and State law, the Ombudsperson may not disclose a confidential record.

(3) Testimony and deposition.— The Ombudsperson and employees of the Office may not testify or be deposed in a judicial or administrative proceeding regarding matters that have come to their attention in the exercise of their official duties, except as the Ombudsperson considers necessary to enforce this Act or the amendments made by this Act.

(4) Subpoena and discovery.— The records of the Office, including notes, drafts, and records obtained from an individual, a provider, or an agency during intake, review, or investigation of a complaint, and any reports not released to the public are not subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as the Ombudsperson considers necessary to enforce this Act or the amendments made by this Act.

(f) Authorization of appropriations.— There are authorized to be appropriated such sums as are necessary to carry out this section.

(a) Department of Homeland Security.—

(1) In general.— The Secretary of Homeland Security shall collect and maintain a record of each noncitizen child held in the custody of the Secretary of Homeland Security.

(2) Frequency and submission of data collected.—

(A) In general.— Not less frequently than weekly, the Secretary of Homeland Security shall—

(i) collect the information described in paragraph (3) from each district office and Border Patrol station; and

(ii) submit such data to—

(I) the Ombudsperson; and

(II) the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives.

(3) Information described.— The information described in this paragraph is the following:

(A) Individual data.— For each noncitizen child in the custody of the Secretary of Homeland Security, the following:

(i) Biographical information, including full name, date of birth, country of citizenship, preferred language, and alien number.

(ii) The date the child was apprehended and placed in such custody.

(iii) The date and the time the child was released or transferred from such custody and to whom the child was so released or transferred.

(iv) For each accompanying family member of the child or other adult the child identifies as a previous caregiver, biographical and contact information.

(v) An indication as to whether the child arrived in the company of a family member other than a parent or legal guardian, and in the case of a separation from that family member, a justification for the separation.

(B) Aggregated data.—

(i) The number of children in the custody of the Secretary of Homeland Security as of the last day of each calendar month, calculated to include all such children, disaggregated by—

(I) facility; and

(II) Border Patrol sector.

(ii) The largest number of children concurrently held in such custody, calculated to include all such children, and the 1 or more dates on which such largest number occurred, disaggregated by—

(I) facility; and

(II) Border Patrol sector.

(iii) The median and average number of hours in such custody for each such child, calculated to include all such children, disaggregated by—

(I) facility; and

(II) Border Patrol sector.

(4) Publication.— Not less frequently than monthly, the Secretary of Homeland Security shall publish on a publicly accessible internet website of the Department of Homeland Security the following:

(A) The figures for the data collected under paragraph (3)(B)(i).

(B) For the preceding calendar month, the figures for the data collected under clauses (ii) and (iii) of paragraph (3)(B).

(b) Office of Refugee Resettlement.—

(1) In general.— To support the data collection and monitoring duties of the Ombudsperson and to facilitate public monitoring, the Director shall—

(A) develop a systemic data collection system to collect and maintain relevant demographic information that is pertinent to serving—

(i) the population of unaccompanied noncitizen children in the custody of the Secretary of Health and Human Services; and

(ii) children who have been released from such custody with services pending;

(B) not less than every 3 years, review the data collected, the categorization of such data, the information architecture for organizing and analyzing such data, any safety concern relating to the collection of such data, and the method for obtaining or collecting such data under such system;

(C)

(i) as appropriate, revise such system to make improvements in service delivery to unaccompanied noncitizen children; and

(ii) if such system is so revised, ensure the continuity of comparative data from periods before and after the revision; and

(D) ensure the ongoing functioning and use of such system by the Office of Refugee Resettlement.

(2) Frequency of data collected.— Not less frequently than weekly, the Director shall—

(A) collect from each childcare facility the information described in paragraph (3); and

(B) maintain such information in the system described in paragraph (1)(A).

(3) Information described.— The information described in this paragraph is the following:

(A) Individual data.— For each unaccompanied noncitizen child in the custody of the Secretary of Homeland Security—

(i) biographical information, including full name, date of birth, country of citizenship, preferred language, and alien number;

(ii) the date the child was apprehended and placed in such custody of the Secretary of Homeland Security;

(iii) the date the child was placed in the custody of the Secretary of Health and Human Services;

(iv) the date on which the child was placed in a childcare facility, or transferred between childcare facilities, as applicable, and the name and location of each childcare facility;

(v) in the case of a child placed in a residential treatment center, therapeutic childcare facility, staff-secure facility, or out-of-network facility, a justification for such placement;

(vi) the status of the child’s family reunification process, including—

(I) a record of the 1 or more case managers who have worked on the child’s case, including a description of the work performed;

(II) in the case of a child who is released or discharged from the custody of the Secretary of Health and Human Services—

(aa) the date of release or discharge;

(bb) the name of the individual to whom the child was released, as applicable; and

(cc) the reason for release or discharge; and

(III) in the case of a child removed from the United States, the date of removal and the country to which he or she was removed, regardless of whether a child was removed directly from the custody of the Secretary of Health and Human Services; and

(vii) the number of occasions on which the operator of a childcare facility or an influx facility contacted law enforcement with respect to the child, as applicable, and the justification for each such contact.

(B) Facility data.— For each childcare facility or influx facility funded by the Department of Health and Human Services—

(i) the median length of stay for unaccompanied noncitizen children placed at the facility;

(ii) for children who have been released to sponsors, the median amount of time spent by such children in the custody of the Secretary of Health and Human Services before release;

(iii) the utilization rate of the facility (excluding funded but unplaceable beds and calculated as the number of filled beds divided by the number of beds available for placement, expressed as a percentage);

(iv) the percentage of unaccompanied noncitizen children transferred from the facility to any other facility, calculated on a rolling basis; and

(v) the number and type of child abuse or neglect allegations against facility staff or against other children in the facility, and the number of such allegations substantiated.

(C) National capacity data.—

(i) In general.— For all childcare facilities and influx facilities, in the aggregate—

(I) the number of pending beds; and

(II) the number of delivered beds, disaggregated by—

(aa) beds occupied by unaccompanied noncitizen children;

(bb) unoccupied beds available for potential use by unaccompanied noncitizen children; and

(cc) unavailable beds that are funded but cannot receive children.

(ii) Definitions.— In this subparagraph:

(I) Delivered bed.— The term delivered bed means a bed delivered to the Department of Health and Human Services for use by an unaccompanied noncitizen child.

(II) Pending bed.— The term pending bed means a bed—

(aa) to be provided to the Department of Health and Human Services for use by an unaccompanied noncitizen child that is funded by a grant, cooperative agreement, contract, or any other means; but

(bb) that is not yet a delivered bed.

(D) Family reunification data.— For all unaccompanied noncitizen children in the custody of the Secretary of Health and Human Services—

(i) the median time-to-release, disaggregated by—

(I) children released to parents or legal guardians;

(II) children released to other sponsors;

(III) children who have home studies mandated by section 235 of the Trafficking Victims Protection 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; and

(ii) the number of children who have been in such custody for more than 90 days, disaggregated by—

(I) children placed in therapeutic foster care;

(II) children placed in long-term foster care; and

(III) children in placements that are not therapeutic foster care or long-term foster care.

(E) Comprehensive national data.—

(i) The number and characteristics of children placed in and exiting the custody of the Secretary of Health and Human Services.

(ii) The status of the unaccompanied noncitizen child population, including the number of such children in such custody, age cohorts of such children, length of placements, types of placements, location in-network or out-of-network, and goals for reunification by sponsor or placement type.

(iii) The number and percentage of unaccompanied noncitizen children designated for and receiving any of the following:

(I) Mandatory home studies.

(II) Discretionary home studies.

(III) Post-release services.

(iv) The number and percentage of unaccompanied noncitizen children held in a facility funded by the Office of Refugee Resettlement with more than 25 other unaccompanied noncitizen children.

(v) The number and percentage of unaccompanied noncitizen children with special needs or disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).

(vi) For each type of childcare facility and each influx facility—

(I) the average national case manager-to-child ratio; and

(II) the national utilization rate (excluding funded but unplaceable beds and calculated as the number of filled beds divided by the number of beds available for placement, expressed as a percentage).

(vii) The number of such facilities alleged and found to be out of compliance with the facility standards under the Prison Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.).

(viii) The number and types of violations for sexual abuse and exploitation alleged and resolved with respect to unaccompanied noncitizen children while in the custody of the Secretary of Health and Human Services, counted and categorized in accordance with the Prison Rape Elimination Act of 2003 (34 U.S.C. 30301 et seq.).

(ix) The rate of compliance with subparagraphs (A) and (B) of section 231(a)(2).

(F) Further population and general characteristics data.—

(i) In general.—

(I) The general status and characteristics of the population of unaccompanied noncitizen children and their family members.

(II) The general quality and speed of the placement process, and information on post-placement outcomes.

(III) Barriers to release for such children, including relevant cross-tabulations with other collected data.

(IV) An identification of children who are vulnerable to or victims of human trafficking.

(V) The general status and characteristics of facilities funded by the Office of Refugee Resettlement for the purpose of the care of unaccompanied noncitizen children.

(VI) The rate of increase or decrease in childcare facility usage, such that cross-facility comparisons are useful or systemwide seasonal variations may be anticipated.

(VII) Aggregate measures that allow comparison between facilities by size, placement type, and any other appropriate factor of number and type of child abuse or neglect allegations against staff or against other children.

(ii) Collection standards.— The Director shall develop and implement standards for the collection of the information described in clause (i).

(4) Submission of data and information.— Not less frequently than weekly, the Director shall submit, in a manner that corresponds with publication under paragraph (6), the information described in paragraph (3) for the preceding week to—

(A) the Ombudsperson; and

(B) the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives.

(5) Additional requirements.—

(A) Reliability and consistency of data collection system.— The data collection system developed and implemented under paragraph (1) shall—

(i) ensure that—

(I) data collected is reliable and consistent over time and among jurisdictions through the use of uniform definitions and methodologies; and

(II) publicly available data remains reliable and consistent over time, unless—

(aa) the removal of data from the public domain protects individuals or groups of individuals from harm or potential harm; or

(bb) a modification to a definition or methodology is necessary to allow the Office of Refugee Resettlement to serve unaccompanied noncitizen children better, individually or as a group; and

(ii) for the information described in paragraph (3)(F), include metadata with respect to whether, and in what form, such information may be made available to the public, with the presumption that information shall be made available to the public—

(I) in the least restricted form that protects individual privacy; and

(II) on the same internet website used for publication under paragraph (6).

(B) Incentives.— The Director shall use appropriate requirements and incentives to ensure that the data collection system developed and implemented under paragraph (1) functions reliably throughout the United States.

(6) Publication.—

(A) Monthly report.—

(i) In general.— Not less frequently than monthly, the Director shall publish on a publicly accessible internet website of the Office of Refugee Resettlement the following:

(I) As of the last day of the preceding calendar month, the figures for the data collected under subparagraphs (C), (D)(ii), and (E)(ii) of paragraph (3).

(II) For each calendar month, the figures for the data collected under subparagraphs (D)(i), (E)(i), (E)(v), and (E)(vi) of paragraph (3).

(III) If an influx facility, an emergency facility, or any other unlicensed facility is in operation to house noncitizen children, the figures for the data collected under paragraph (3)(E)(ix) and any other data required to ensure oversight and transparency under section 306.

(IV) The data and measures described in paragraph (3)(F) for which new or continuing publication is—

(aa) in the public interest; or

(bb) required under paragraph (5)(A).

(V) A description of any change between the information reported under subclauses (I) through (IV) for the reporting period and such information reported for the preceding reporting period.

(ii) Aggregation of data.— The information published under clause (i) shall be aggregated so as to facilitate uniform monthly reporting.

(B) Annual report.—

(i) In general.— Not less frequently than annually, the Director shall publish on a publicly accessible internet website of the Office of Refugee Resettlement the following:

(I) As of the last day of each fiscal year, the figures for the data collected under subparagraphs (E)(iii), (E)(v), (E)(vii), and (E)(viii) of paragraph (3).

(II) The data and measures described in paragraph (3)(F) for which new or continuing publication is—

(aa) in the public interest; or

(bb) required under paragraph (5)(A).

(III) A description of any change between the information reported under subclauses (I) and (II) for the reporting period and such information reported for the preceding reporting period.

(ii) Aggregation of data.— The information published under clause (i) shall be aggregated so as to facilitate uniform annual reporting.

(c) Ombudsperson review of data.— The Secretary of Health and Human Services and the Secretary of Homeland Security shall—

(1) ensure that the Ombudsperson—

(A) has access to all real-time data regarding noncitizen children in immigration custody; and

(B) is able to independently and regularly review data collected by the Department of Health and Human Services and Department of Homeland Security with respect to such children;

(2) respond in a timely manner to inquiries from the Ombudsperson with respect to such data; and

(3) promptly take any necessary corrective action with respect to the accuracy and integrity of such data.

(a) Audits.—

(1) In general.— Not less frequently than annually, the Director shall conduct an audit of each childcare facility, which shall include a site visit—

(A) to assess compliance of the childcare facility with the requirements of this Act; and

(B) to determine whether the operator of the childcare facility continues to be a State-licensed program.

(2) Report to Ombudsperson.— Not later than 7 days after the date on which the Director completes an audit under subsection (a), the Director shall submit to the Ombudsperson a report on the audit, including a description of any corrective action required to bring the childcare facility into compliance.

(b) Violations.—

(1) Notification.— With respect to a childcare facility found to be in violation of this Act, the Director shall provide the State-licensed program concerned with a written notification of each deficiency.

(2) Appeal.—

(A) In general.— A State-licensed program shall have the opportunity to administratively appeal a finding of deficiency in a childcare facility operated by the State-licensed program.

(B) No new referrals.— During the pendency of an appeal under subparagraph (A), the childcare facility may not receive new placements of unaccompanied noncitizen children.

(3) Debarment.— Consistent with the Federal Acquisition Regulation, any operator of a childcare facility that fails to maintain an appropriate State license or meet the standards set forth in this Act shall be debarred or suspended from contracting with the Secretary for not less than 3 years.

(c) Civil action.—

(1) In general.— An unaccompanied noncitizen child or the parent, legal guardian, or prospective sponsor of such a child alleging noncompliance by a State-licensed program with the standards and procedures set forth in this Act for childcare facilities may commence a cause of action in a district court of the United States that has venue over the matter.

(2) Venue.— Venue for an action under paragraph (1) may be found in—

(A) the district in which the original childcare facility in which the unaccompanied noncitizen child concerned was placed is located; or

(B) the district in which the childcare facility to which the unaccompanied noncitizen child was transferred is located.

(d) Limited review.— Review under this section shall be limited to entering an order solely affecting the individual claims of the unaccompanied noncitizen child or the parent, legal guardian, or prospective sponsor seeking such review.

(e) Interference with Ombudsperson.— An employee of a Federal or State agency, a contractor of a Federal or State agency, or a care provider who intentionally prevents, interferes with, or attempts to impede the work of the Ombudsperson shall be subject to a civil penalty, which shall be not more than $2,500 for each violation.

(f) Breach of duty of care.— If the Ombudsperson has reason to believe that an employee of a Federal or State agency or a contractor of a Federal or State agency has, in the conduct of official duties, breached the duty of care or engaged in misconduct, the Ombudsperson shall refer the matter to the head of such Federal or State agency, a grand jury, or other appropriate official or agency.

(g) Criminal penalty for discrimination or retaliation.— A violation of section 604 or any provision of title VII shall be a misdemeanor.

(a) In general.— The Director may not—

(1) take an adverse action against an Office of Refugee Resettlement-funded legal services provider, child advocate program, or any other entity based on the legal services provider, child advocate program, or other entity having pursued judicial review or a civil action under this Act, or any civil action in a State court, on behalf of an unaccompanied noncitizen child or the parent, legal guardian, or prospective sponsor of such a child; or

(2) discourage, interfere in, or withdraw funds from any Office of Refugee Resettlement-funded legal services provider, child advocate program, or any other entity that—

(A) pursues judicial review or a civil action under this Act, or any civil action in State court, to challenge the conditions of such a child's custody or the denial of release from custody; or

(B) assists such a child or the parent, legal guardian, or prospective sponsor of such a child to so challenge.

(b) Protection for individuals filing complaints with Ombudsperson.— An employee of a Federal or State agency, a contractor for a Federal or State agency, or a care provider shall not retaliate against any individual for having filed a complaint with, or provided information to, the Ombudsperson.

(c) Protections for noncitizen children reporting discrimination.— Noncitizen children in immigration custody may not be retaliated against for reporting discrimination, filing a charge of discrimination, or participating in a discrimination investigation or lawsuit.

(a) In general.— Subject to subsection (c), the Secretary concerned shall allow a Member of Congress to tour any facility in which 1 or more detained individuals are housed, including unaccompanied noncitizen children, at a time between 8:00 a.m. and 7:00 p.m. on a date requested by the Member of Congress if, not later than 24 hours before the date requested in the case of a Department of Homeland Security facility, or not later than 2 business days before the date requested in the case of a Department of Health and Human Services facility, the Secretary concerned receives written notice from the Member of Congress that includes—

(1) the name of the facility; and

(2) the date on which the Member of Congress intends to tour the facility.

(b) Accompanying members of the press.—

(1) In general.— Subject to paragraph (2), the Secretary concerned shall allow 1 or more members of the press to accompany a Member of Congress on a tour of a facility under this section.

(2) Limitations.—

(A) Still or video cameras.— The Secretary concerned shall not be required to allow a member of the press to enter a facility under paragraph (1) with a still or video camera.

(B) Personally identifying information.— As a condition of entering a facility under paragraph (1), a member of the press shall agree not to release any personally identifying information of a staff member of the facility or a child housed at the facility without the express authorization of such staff member or child.

(c) Limitation.— The Secretary concerned may limit a tour under subsection (a) to—

(1) in the case of a facility that houses not more than 50 unaccompanied noncitizen children—

(A) not more than 5 Members of Congress; and

(B) accompanying members of the press under subsection (b); and

(2) in the case of a facility that houses more than 50 detained individuals, including unaccompanied noncitizen children—

(A) not more than 10 Members of Congress; and

(B) accompanying members of the press under subsection (b).

(d) Definition of Secretary concerned.— In this section, the term Secretary concerned means, as applicable—

(1) the Secretary of Homeland Security; or

(2) the Secretary of Health and Human Services.