Sec. 6. Coordination with department of homeland security
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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. The memorandum of understanding required by paragraph
(1)shall do the following: 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— the location of the immigrant child; biographical information, including full name, date of birth, country of citizenship, race, and alien number; all locations at which the immigrant child has been so detained or held in Department of Homeland Security custody; exact times at which the immigrant child was booked in and booked out of such custody; 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; 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 any other information the Ombudsperson considers relevant to the oversight and monitoring duties described in section 3(c)(3). Establish the right of the Ombudsperson and the Committee to monitor Department of Homeland Security facilities for compliance with applicable standards of custody. Provide the Ombudsperson and the Committee full and unobstructed access to— Department of Homeland Security facilities for regular site visits; and the written policies and procedures of Department of Homeland Security facilities. 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. 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. 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— to improve coordination between the Ombudsperson and the Secretary of Homeland Security; and to ensure effectiveness of the mandate of the Ombudsperson. There is established an interagency working group to identify and discuss concerns relating to immigrant children in facilities. The Working Group shall be composed of representatives of— the Department of Justice; the Department of Health and Human Services, including the Director or a senior representative of the Office of Refugee Resettlement; U.S. Customs and Border Protection; U.S. Immigration and Customs Enforcement; relevant oversight offices, including— the Immigration Detention Ombudsman of the Department of Homeland Security; and 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 any other relevant Federal agency or office. The Working Group shall— hold meetings not less frequently than quarterly; invite representatives of nongovernmental organizations that provide services to immigrant children to participate in such meetings as the Ombudsperson considers appropriate; and provide to the Ombudsperson a summary of each such meeting.