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Code · BILL · 118th Congress · S. 3323 (Introduced in Senate) — To establish the Office of the Ombudsperson for Immigrant Children in Immigration Custody, and for other purposes. · Sec. 2

Sec. 2. Definitions

505 words·~2 min read·/bill/118/s/3323/is/section-2

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In this Act: The term Committee means the expert advisory committee established under section 5(a). The term Director means the Director of the Office of Refugee Resettlement. The term facility — means a location at which 1 or more immigrant children are detained by the Government or held in immigration custody; and includes— an Office of Refugee Resettlement facility; and a Department of Homeland Security facility, including— a U.S. Customs and Border Protection temporary holding facility and transportation contractor; a U.S.
Immigration and Customs Enforcement family detention facility; a U.S. Immigration and Customs Enforcement juvenile facility; a location operated by a private entity, including a hotel room; and 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. 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).
The term influx facility means any facility established to provide temporary emergency shelter and services for unaccompanied immigrant children during an influx or emergency. 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). 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.
The term in-network facility means a facility operated by an Office of Refugee Resettlement grantee, subgrantee, contractor, or subcontractor. The term Office of Refugee Resettlement facility — means— a shelter operated by an Office of Refugee Resettlement grantee, subgrantee, contractor, or subcontractor to hold immigrant children; staff secure, secure care, or transitional foster care housing or long term foster care so operated; or any other location operated by the Office of Refugee Resettlement to hold immigrant children; and includes an in-network facility and an out-of-network facility.
The term Office of the Ombudsperson means the Office of the Ombudsperson for Immigrant Children in Government Custody established by section 3(a). The term Ombudsperson means the ombudsperson appointed under section 3(c). 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.
The term unobstructed access means— with respect to a facility, the ability to enter the facility, including unannounced, to tour and physically visit all areas of the facility; and 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. The term Working Group means the interagency working group established under section 6(b).
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