Enforcement

(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 subtitle; 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 subtitle, 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 subtitle 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 subtitle 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 474 or any provision of part VII shall be a misdemeanor.