119-hr3127

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3127 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3127

To establish the right to counsel, at Government expense for those who 
 cannot afford counsel, for people facing removal.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 April 30, 2025

 Mrs. Torres of California (for herself, Ms. Meng, and Ms. Jayapal) 
 introduced the following bill; which was referred to the Committee on 
 the Judiciary

_______________________________________________________________________

 A BILL

To establish the right to counsel, at Government expense for those who 
 cannot afford counsel, for people facing removal.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Fairness to 
Freedom Act of 2025''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
 TITLE I--GUARANTEEING THE RIGHT TO COUNSEL

Sec. 101. Guaranteeing and expanding the right to counsel.

Sec. 102. Public charge.
 TITLE II--OFFICE OF IMMIGRATION REPRESENTATION

Sec. 201. Definitions.

Sec. 202. Establishment; purpose; independence.

Sec. 203. Board of Directors.

Sec. 204. Director.

Sec. 205. Employees.

Sec. 206. Local immigration representation boards.

Sec. 207. Types of immigration defenders.

Sec. 208. Compensation and reimbursement of expenses of counsel.

Sec. 209. Services other than counsel.

Sec. 210. Immigration Representation Advisory Board.
 TITLE III--AUTHORIZATION OF APPROPRIATIONS

Sec. 301. Authorization of appropriations.

Sec. 302. Minimum funding for the Office of Immigration Representation.

 TITLE I--GUARANTEEING THE RIGHT TO COUNSEL

SEC. 101. GUARANTEEING AND EXPANDING THE RIGHT TO COUNSEL.

 

Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362) 
is amended to read as follows:

``

SEC. 292. RIGHT TO COUNSEL.

 ``

    (a) In General.--Any individual in any removal, exclusion, 
deportation, bond, or expedited removal proceeding under 

section 212
            (d) (5)
        (A) , 235

    (b)

    (1)
        (B) , 236, 238, 240, or 241 or in any matter 
related to any such proceeding before U.S. Citizenship and Immigration 
Services, any State court, or any court created under article III of 
the Constitution of the United States, any individual who is 
financially unable to obtain representation subject to such proceeding 
shall be entitled to legal representation at Government expense in 
accordance with this section.
 ``

    (b) Matters Included.--Proceedings and matters referred to in 
subsection

    (a) shall include--
 ``

    (1) petitions for a writ of habeas corpus under 

section 2241 of title 28, United States Code, or any other similar 
 proceeding;
 ``

    (2) administrative and judicial proceedings for 
 individuals who may be eligible for special immigrant juvenile 
 status under 

section 1101

    (a)

    (27)
        (J)
            (ii) of title 8, United 
 States Code;
 ``

    (3) applications before the U.S. Citizenship and 
 Immigration Services related to relief from removal, and post-
 conviction relief in criminal proceedings;
 ``

    (4) post-conviction relief in criminal proceedings; and
 ``

    (5) any other legal proceeding involving an individual 
 described in subsection

    (a) that is related to such 
 individual's legal status in the United States.
 ``
            (c) Scope of Counsel.--
 ``

    (1) Advocacy.--Consistent with Rule 1.3 of the American 
 Bar Association's Model Rules of Professional conduct, 
 attorneys and other persons providing representation to 
 individuals in proceedings or matters described in subsection

    (a) shall--
 ``
        (A) act with reasonable diligence, promptness, 
 commitment, and dedication to the interests of the 
 client and with zeal in advocating on the client's 
 behalf; and
 ``
        (B) hold the Government to its burden by 
 presenting the fullest defense possible in each such 
 proceeding or matter.
 ``

    (2) Scope of representation.--Representation under this 
 section shall include--
 ``
        (A) counsel and interpretation and translation 
 services; and
 ``
        (B) any other services that are necessary for 
 effective representation, including the services 
 described in 

section 309 of the Fairness to Freedom Act 
 of 2025.
 ``

    (3) Commencement of representation.--
 ``
        (A) In general.--The right to counsel of a person 
 detained in, or released from, the custody of the 
 Department of Homeland Security or the Department of 
 Health and Human Services shall attach at the earlier 
 of--
 ``
            (i) the placement of the person in the 
 custody of either department, regardless of 
 whether the person has been formally placed in 
 a proceeding described in subsection

    (a) ; or
 ``
            (ii) the issuance to the person of a 
 Notice to Appear or other document initiating 
 proceedings under 

section 235, 238, 240, or 
 241.
 ``
        (B) Clarification.--The appointment of counsel 
 based on the issuance of a Notice to Appear shall occur 
 regardless of whether the Notice to Appear has been 
 filed with the immigration court. The appointment of 
 counsel for a detained person shall occur as soon as 
 possible, but in no event later than 24 hours after 
 such person is taken into the custody of the Department 
 of Homeland Security.
 ``

    (4) Continuous representation.--
 ``
        (A) In general.--An individual for whom counsel 
 is appointed under this section shall be represented 
 continuously at every stage of proceedings beginning 
 with the initial appearance before any official with 
 adjudicatory authority and including any proceedings 
 before the Immigration Courts, the Board of Immigration 
 Appeals, Federal district courts, Federal courts of 
 appeal, and the United States Supreme Court, including 
 ancillary matters related to the proceedings described 
 in subsection

    (a) , and ending when all such proceedings 
 have concluded.
 ``
        (B) Appointment of different counsel.--If the 
 nature of the representation needed by a person in 
 proceedings under this section requires the appointment 
 of different representatives for different stages of 
 such proceedings, all such representatives shall comply 
 with the minimum standards of representation described 
 in paragraph

    (1) .
 ``
            (C) Appointment of new counsel after 
 relocation.--The Office of Immigration Representation 
 established under 

section 202 of the Fairness to 
 Freedom Act of 2025 shall ensure that each individual 
 who is released from custody and moves to a State or 
 municipality other than the State or municipality in 
 which he or she was in custody, or who is transferred 
 to a detention facility in another State or 
 municipality is provided with counsel in the new State 
 or municipality in which the individual resides or is 
 detained.
 ``

    (5) Construction.--This subsection shall be broadly 
 construed to attach in any proceeding and related matter, 
 including any petition for review or appellate process, request 
 for re-interview, request for reconsideration, and motion to 
 reopen, arising from a proceeding or matter described in 
 subsection

    (a) .
 ``
            (d) Eligibility and Commencement of Immigration Proceedings.--
 ``

    (1) Notification.--A proceeding described in subsection

    (a) shall not commence until counsel has been appointed to 
 represent the individual subject to such proceeding. If such a 
 proceeding has already commenced without the appointment of 
 counsel, such proceeding shall be paused until such counsel is 
 appointed. Before commencing a proceeding described in 
 subsection

    (a) , the adjudicatory official, who may be an 
 official of U.S. Immigration and Customs Enforcement or of U.S. 
 Customs and Border Protection, under a plan approved by the 
 Office of Immigration Representation, shall notify the 
 individual subject to such proceeding that--
 ``
        (A) such individual has the right to be 
 represented by counsel; and
 ``
        (B) counsel will be appointed to represent such 
 individual before the commencement of such proceeding 
 if the individual--
 ``
            (i) has not retained private counsel; and
 ``
            (ii) is financially unable to obtain 
 counsel.
 ``

    (2) Determination of financial ability to obtain 
 counsel.--
 ``
        (A) In general.--An individual shall be deemed to 
 be financially unable to obtain counsel under paragraph

    (1)
        (B)
            (ii) if the individual's net financial resources 
 and income are insufficient to obtain qualified 
 counsel.
 ``
        (B) Eligibility for counsel.--An individual who 
 makes a sworn statement to the adjudicatory official 
 referred to in subsection

    (a) that he or she is a 
 member of a family whose income is not more than 200 
 percent of the poverty line (as defined in 

section 673

    (2) of the Community Services Block Grant Act (42 
 U.S.C. 9902

    (2) )) is eligible for Government-appointed 
 counsel under this section.
 ``

    (3) Access to pertinent documents and information.--
 ``
        (A) In general.--An individual described in 
 subsection

    (a) and his or her counsel shall 
 automatically receive a complete copy of all documents 
 and information pertaining to such individual that are 
 in the possession of the Department of Homeland 
 Security or the Department of Health and Human 
 Services, including documents obtained from other 
 Government agencies, unless the disclosure of any such 
 document or information is barred by privilege or 
 otherwise prohibited by law.
 ``
        (B) Records.--Not later than 7 days after counsel 
 is appointed to represent an individual under this Act, 
 the Director of U.S. Citizenship and Immigration 
 Services shall--
 ``
            (i) provide such individual and counsel 
 with a complete copy of the individual's 
 immigration file (commonly known as the `A-
 file'); and
 ``
            (ii) facilitate the provision to such 
 individual and counsel of a copy of any Record 
 of Proceeding that is in the possession of the 
 Department of Homeland Security, the Department 
 of Health and Human Services, or the Department 
 of Justice (other than documents protected from 
 disclosure under 

section 552

    (b) of title 5, 
 United States Code).
 ``

    (4) Restriction.--A proceeding described in subsection

    (a) may not commence before the date that is 10 days after the 
 date on which the individual, or the individual's counsel, has 
 received all of the documents described in paragraph

    (3) , in 
 order to review and assess such documents, unless the 
 individual or his or her counsel knowingly and voluntarily 
 waives such restriction.
 ``

    (e) Appointment of Counsel.--
 ``

    (1) Notification requirement.--If an individual who is 
 entitled to representation under this section is not 
 represented by counsel, the adjudicatory official shall--
 ``
        (A) notify the Local Administrator appointed 
 pursuant to 

section 206

    (k)

    (3) of the Fairness to 
 Freedom Act of 2025 (or the designee of the Local 
 Administrator) that such individual is not represented 
 by counsel; and
 ``
        (B) advise such individual--
 ``
            (i) of his or her right to be represented 
 by counsel; and
 ``
            (ii) that such counsel will be appointed 
 if such person is financially unable to obtain 
 counsel.
 ``

    (2) Waiver.--An individual's right to be represented by 
 appointed counsel may only be waived by the individual--
 ``
        (A) in the physical presence of appointed 
 counsel;
 ``
        (B) if such waiver is knowing and voluntary; and
 ``
            (C) if the individual demonstrates that he or 
 she--
 ``
            (i) understands the nature of any charges 
 and the possible defenses and outcomes; and
 ``
            (ii) possesses the knowledge and 
 intelligence necessary to conduct his or her 
 own defense.
 ``

    (3) Appeal of waiver; retroactive appointment.--Counsel 
 may appeal any putative waiver to the Office of Immigration 
 Representation established under 

section 202 of the Fairness to 
 Freedom Act of 2025 if counsel reasonably believes that such 
 waiver did not meet the requirements under paragraph

    (2) . If 
 the Office of Immigration Representation concurs with counsel's 
 assessment, the Office may retroactively appoint counsel in 
 order to include any representation furnished pursuant to the 
 plan before such appointment.
 ``

    (4) Appointment of counsel.--Unless an individual waives 
 representation by counsel pursuant to paragraph

    (2) , the Local 
 Administrator, upon notification that an individual may meet 
 the criteria for appointed counsel, shall appoint counsel for 
 such individual in accordance with the Local Plan developed 
 pursuant to 

section 206

    (k)

    (1) of the Fairness to Freedom Act of 
 2025 if the Local Administrator determines, after appropriate 
 inquiry, that such individual is financially unable to obtain 
 counsel. An appointment under this paragraph may be made 
 retroactive to include any representation furnished to such 
 individual by such counsel before such appointment.
 ``

    (5) Appointment of separate counsel.--The Local 
 Administrator shall appoint separate counsel for individuals 
 who are subjected to the same proceeding or related proceedings 
 if--
 ``
        (A) the interests of such individuals cannot, 
 consistent with ethical responsibilities and manageable 
 workloads, be properly be represented by a single 
 counsel; or
 ``
        (B) the Local Administrator demonstrates another 
 good cause for appointing separate counsel.
 ``

    (6) Consolidated cases.--
 ``
        (A) In general.--Subject to paragraph

    (5) and 
 except as provided in subparagraph
        (B) , if the Attorney 
 General consolidates the case of an individual for whom 
 counsel was appointed pursuant to subsection

    (a) with 
 the case of another individual without counsel, the 
 counsel appointed pursuant to subsection

    (a) shall be 
 appointed to represent such other individual unless a 
 conflict of interest would prevent joint 
 representation.
 ``
        (B) Conflict of interest.--If a conflict of 
 interest prevents joint representation under 
 subparagraph
        (A) , the Local Administrator shall appoint 
 separate counsel for the individuals referred to in 
 such subparagraph unless the Local Administrator 
 demonstrates that there is a good cause for not 
 appointing separate counsel.
 ``

    (7) Change of financial circumstances during 
 proceedings.--If an individual who has retained counsel becomes 
 financially unable to pay such counsel and is eligible for 
 appointed counsel under this section, the Local Administrator 
 may appoint counsel for such individual in accordance with this 
 section.
 ``

    (8) Substitution of counsel.--The Local Administrator, in 
 the interests of justice, upon a showing of good cause, and 
 consistent with ethical requirements applicable to attorneys 
 practicing in the region, substitute an appointed counsel for 
 another appointed counsel at any stage of a proceeding referred 
 to in subsection

    (a) .
 ``

    (f) Access to Counsel.--
 ``

    (1) In general.--If an individual is subject to 
 proceedings described in subsection

    (a) or to detention or 
 inspection at a port of entry, U.S. Customs and Border 
 Protection, U.S. Immigration and Customs Enforcement, or the 
 Office of Refugee Resettlement, as appropriate, shall--
 ``
        (A) facilitate access for such individual to 
 counsel; and
 ``
        (B) ensure that counsel appointed under this 
 section is permitted to meet in person with such 
 individual in a confidential, private setting when 
 requested during the first 12 hours the individual is 
 detained and as soon as practicable after subsequent 
 meeting requests.
 ``

    (2) Alternative meeting options.--If counsel appointed 
 pursuant to this section cannot personally meet with an 
 individual described in paragraph

    (1) to whom such counsel was 
 appointed to represent, U.S. Customs and Border Protection, 
 U.S. Immigration and Customs Enforcement, or the Office of 
 Refugee Resettlement, as appropriate, at the request of such 
 individual or the counsel of the individual, shall provide 
 alternative options through which counsel may communicate with 
 such individual remotely in a confidential, private manner 
 during the first 12 hours such individual is detained and as 
 soon as practicable after subsequent meeting requests.
 ``

    (3) Effect of failure to provide timely access to 
 counsel.--If U.S. Customs and Border Protection, U.S. 
 Immigration and Customs Enforcement, or the Office of Refugee 
 Resettlement, as applicable, fails to timely provide an 
 individual with access to counsel in accordance with paragraph

    (1) or

    (2) , no statement made by the individual before such 
 access has been made available may be introduced into evidence 
 against the respondent except on a motion by the appointed 
 counsel, who shall be entitled to a continuance in the 
 proceedings giving rise to the appointment of such counsel.
 ``

    (4) Limitation.--An individual held or detained at a port 
 of entry may not submit a valid Record of Abandonment of Lawful 
 Permanent Resident Status or Withdrawal of Application for 
 Admission if U.S. Customs and Border Protection or U.S. 
 Immigration and Customs Enforcement has failed to provide such 
 individual with access to counsel in accordance with this 
 section.
 ``

    (5) Institutional hearing program.--Individuals held in 
 Federal, State, or local criminal custody who are placed in any 
 proceeding described in subsection

    (a) shall be ensured access 
 to counsel consistent with the requirements of this section. No 
 statement made by the respondent before such access has been 
 made available may be introduced into evidence against the 
 respondent except on appointed counsel's own motion. Counsel 
 shall be entitled to a continuance in the proceedings giving 
 rise to his or her appointment.
 ``

    (6) Termination of proceedings.--If the Local 
 Administrator fails to provide counsel to an individual in 
 accordance with this section, the Secretary of Homeland 
 Security or the Attorney General, as appropriate, shall 
 terminate any proceedings involving such individual with 
 prejudice.''.

SEC. 102. PUBLIC CHARGE.

 Seeking or receiving appointed counsel under 

section 292 of the 
Immigration and Nationality Act, as amended by 

section 101, may not be 
serve as the basis for any determination that the individual seeking or 
receiving such services is likely to become a public charge for the 
purposes of determining the admissibility, removability, excludability, 
or deportability of such individual under such Act, or in any other 
proceeding in which such individual's likelihood of becoming a public 
charge is at issue for immigration purposes.

 TITLE II--OFFICE OF IMMIGRATION REPRESENTATION

SEC. 201. DEFINITIONS.

 In this title:

    (1) Board.--The term ``Board'' means the Board of Directors 
 of the Office.

    (2) Director.--The term ``Director'' means the Director of 
 the Office of Immigration Representation appointed pursuant to 
 

section 206

    (k)

    (1) .

    (3) Immigration public defender organization.--The term 
 ``Immigration Public Defender Organization'' means an 
 organization established by a Local Board pursuant to 

section 207

    (a)

    (1) .

    (4) Local board.--The term ``Local Board'' means a local 
 immigration representation board established within a region 
 pursuant to 

section 206

    (a) .

    (5) Office.--The term ``Office'' means the Office of 
 Immigration Representation established under 

section 202

    (a) .

SEC. 202. ESTABLISHMENT; PURPOSE; INDEPENDENCE.

    (a) Establishment.--There is established in the District of 
Columbia a private nonprofit corporation, which shall be known as the 
Office of Immigration Representation.

    (b) 

=== Purpose ===
-The purpose of the Office shall be to ensure high-
quality legal representation and related services to all individuals 
described in 

section 292

    (a) of the Immigration and Nationality Act, as 
amended by 

section 101, who cannot afford representation.
            (c) Independence.--Except as otherwise provided in this Act, the 
Office shall exercise its authority independently of any Government 
official, agency, or department, including the Department of Justice, 
the Department of Homeland Security, and the Department of Health and 
Human Services.

SEC. 203. BOARD OF DIRECTORS.

    (a) Number and Appointment.--

    (1) In general.--The Office shall be governed by a Board of 
 Directors, consisting of 24 members who shall be appointed not 
 later than 1 year after the date of the enactment of this Act, 
 in accordance with paragraph

    (2) .

    (2) Initial judicial appointments.--
        (A) In general.--Subject to subparagraphs
        (B) and
            (C) , the chief judge of each United States Court of 
 Appeals (except for the chief judge for the Federal 
 Circuit) shall appoint 2 individuals to the Board who 
 meet the requirements set forth in subsection

    (b) .
        (B) Staggered terms of service.--The terms of 
 service of the members of the Board appointed pursuant 
 to subparagraph
        (A) shall be staggered so that--
            (i) 6 members serve an initial term of 1 
 year;
            (ii) 6 members serve an initial term of 2 
 years;
            (iii) 6 members serve an initial term of 3 
 years; and
            (iv) 6 members serve an initial term of 4 
 years.
            (C) Circuits.--
            (i) Eastern circuits.--The chief judge of 
 the 1st, 2nd, 3rd, 4th, 11th, and DC Circuit 
 Courts of Appeals shall appoint 1 individual to 
 serve an initial term of 1 year and 1 
 individual to serve an initial term of 4 years.
            (ii) Remaining circuits.--The chief judge 
 of the 5th, 6th, 7th, 8th, 9th, and 10th 
 Circuit Courts of Appeals shall appoint 1 
 individual to serve an initial term of 2 years 
 and 1 individual to serve an initial term of 3 
 years.

    (3) Immigration representation advisory board 
 appointments.--
        (A) Initial appointments.--Upon the expiration of 
 the initial term of the 6 members of the Board who were 
 appointed to 1-year terms pursuant to paragraph

    (2)
        (B)
            (i) , the Immigration Representation Advisory 
 Board established under 

section 210 shall appoint to 4-
 year terms--
            (i) 6 members of the Board;
            (ii) an Immigration Public Defender, who 
 shall serve as a nonvoting, ex-officio member 
 of the Board; and
            (iii) a Panel Attorney, who shall serve as 
 a nonvoting, ex-officio member of the Board.
        (B) Subsequent appointments.--Upon the expiration 
 of the initial term of the 6 members of the Board who 
 were appointed to 2-year terms pursuant to paragraph

    (2)
        (B)
            (ii) , the Immigration Representation Advisory 
 Board established under 

section 210 shall appoint 6 
 members of the Board to 4-year terms. The Immigration 
 Representation Advisory Board shall also appoint 
 individuals to replace any member of the Board who had 
 been appointed by the Advisory Board, upon the 
 expiration of such member's term.

    (4) Subsequent judicial appointments.--
        (A) In general.--Upon the expiration of the term of 
 any member of the Board appointed by a chief judge to a 
 3-year or 4-year term, such chief judge shall appoint 
 an individual to the Board from a list of 5 qualified 
 individuals nominated, by majority vote, by a committee 
 consisting of--
            (i) the head of each Immigration Public 
 Defender Organization that is headquartered 
 within the corresponding circuit;
            (ii) the head of each Community Defender 
 Office that is headquartered within the 
 corresponding circuit; and
            (iii) panel attorney representatives within 
 the corresponding circuit.
        (B) Failure to produce list.--If a committee 
 described in subparagraph
        (A) from a circuit does not 
 provide a list of 5 Board nominees to the chief judge 
 of the corresponding circuit before the date that is 30 
 days after the expiration of the term of service of a 
 member of the Board representing such circuit, the 
 chief judge of such circuit may appoint an individual 
 to replace such member of the Board without regard to 
 nominations.

    (b) Restrictions on Membership.--

    (1) Qualifications.--Each individual appointed to the Board 
 pursuant to subsection

    (a) --
        (A) shall be nonpartisan;
        (B) shall have significant experience representing 
 persons in proceedings described in 

section 292

    (a) of 
 the Immigration and Nationality Act, as amended by 
 

section 101 of this Act; and
            (C) shall have demonstrated a strong commitment to 
 representation in indigent defense matters.

    (2) Diversity.--In making appointments to the Board under 
 subsection

    (a) , chief judges and the Immigration Representation 
 Advisory Board shall seek to appoint individuals, in the 
 aggregate, who reflect the characteristics of the population 
 represented by counsel appointed pursuant 

section 292 of the 
 Immigration and Nationality Act, including the characteristics 
 of race, gender identity, sexual orientation, immigration 
 experience, and socioeconomic background.

    (3) Disqualifying characteristics.--A member of the Board, 
 while serving in such capacity, may not be--
        (A) an employee of the Office or a member of a 
 Local Board, an Immigration Public Defender 
 Organization or Community Defender Office, or a Panel 
 Attorney, unless he or she is serving as an ex-officio 
 member of the Board;
        (B) a judge or employee of any Federal or State 
 court, any immigration court, or the Board of 
 Immigration Appeals; or
            (C) a prosecutor or law enforcement officer or 
 employee thereof, or any person who has held such a 
 position during the 3-year period immediately preceding 
 his or her appointment to the Board.
            (c) Term of Membership.--

    (1) Maximum length of service.--No member of the Board may 
 serve more than 2 terms, except that a person who was appointed 
 to serve a 1-year term may be appointed to 2 additional 4-year 
 terms.

    (2) Replacement members.--A person who is appointed to 
 replace a member who resigned or was removed--
        (A) shall serve the remainder of the term of such 
 member; and
        (B) may be appointed to serve up to 2 additional 4-
 year terms.
            (d) Vacancies.--

    (1) Members selected by a chief judge.--Not later than 90 
 days after the creation of a vacancy arising from a Board 
 member position selected by a chief judge, the committee 
 described in subsection

    (a)

    (2)
        (A) from the corresponding 
 circuit shall submit a list of 5 qualified nominees to such 
 chief judge, who shall appoint 1 of such nominees as the new 
 member of the Board.

    (2) Failure to produce list.--If the committee fails to 
 submit the list required under paragraph

    (1) before the 
 deadline, the chief judge may make a selection without regard 
 to nominations.

    (3) Members selected by the immigration representation 
 advisory board.--Not later than 90 days after the creation of a 
 vacancy arising from a Board member position selected by the 
 Immigration Representation Advisory Board, the Immigration 
 Representation Advisory Board shall appoint a new member of the 
 Board to fill such vacancy.

    (e) Rates of Pay; Travel Expenses.--

    (1) Rates of pay.--Members shall be paid for their services 
 on the Board at a rate not to exceed the daily rate at which 
 judges of the United States courts of appeals are compensated. 
 No member may be paid for more than 90 days in any calendar 
 year.

    (2) Travel expenses.--Each member shall receive travel 
 expenses, including per diem in lieu of subsistence, in 
 accordance with applicable provisions under subchapter I of 
 chapter 57 of title 5, United States Code.

    (f) Chairperson.--The Chairperson of the Board shall be elected by 
the members and shall serve for a 2-year term, which may be renewed 
once by the Board for an additional 2-year term.

    (g) Removal of Members.--The members of the Board, by a vote of 13 
members, may remove a member from the Board for--

    (1) malfeasance in office;

    (2) persistent neglect of, or inability to discharge, Board 
 duties; or

    (3) conduct unbecoming of a member of the Board.

    (h) Quorum.--A quorum for purposes of conducting Board business 
shall be a majority of the members of the Board presently serving.
            (i) Voting.--All members of the Board are entitled to vote on any 
matters coming before the Board unless otherwise provided by rules 
adopted by the Board concerning voting on matters in which a member 
has, or appears to have, a financial or other personal interest.

    (j) Bylaws.--The Board shall adopt bylaws governing the operation 
of the Board, which may include provisions authorizing other officers 
of the Board and governing proxy voting, telephonic and video meetings, 
and the appointment of committees.

    (k) Duties of the Board.--The Board shall--

    (1) appoint a Director of the Office not later than 2 
 months after the establishment of the Board--
        (A) who shall be selected on the basis of training, 
 experience, and other relevant qualifications; and
        (B) who shall serve at the pleasure of the Board;

    (2) convene a meeting not later than 4 months after the 
 establishment of the Board, and not less frequently than 
 quarterly thereafter;

    (3) submit appropriations requests to Congress for the 
 provision of legal services to individuals represented by 
 counsel in proceedings described in 

section 292

    (a) of the 
 Immigration and Nationality Act, as amended by 

section 101

    (a) ;

    (4) submit an annual report to Congress and the President 
 that--
        (A) describes the operation of the Office and the 
 delivery of services required under 

section 292 of the 
 Immigration and Nationality Act; and
        (B) includes--
            (i) the number of people who were provided 
 legal services during the reporting period 
 pursuant to such 

section 292 and the types of 
 proceedings in which such people were 
 represented;
            (ii) the custodial status of the people who 
 were represented;
            (iii) aggregate case outcomes for the 
 people who were represented; and
            (iv) the status of appointments and 
 vacancies on the Board and Local Boards;

    (5) complete and submit to Congress and to the President 
 every 7 years a comprehensive review and evaluation of the 
 implementation of this Act, including the identification of the 
 resources needed to carry out the requirements under this Act 
 and the amendments made by this Act for the foreseeable future;

    (6) make the reports described in paragraphs

    (4) and

    (5) publicly available at the time they are submitted to Congress 
 and to the President;

    (7) establish and maintain standards for the provision of 
 representation that are consistent with appointed counsel's 
 duty to provide representation under 

section 292 of the 
 Immigration and Nationality Act, including--
        (A) the minimum experience, skill, performance, and 
 other qualifications for participation as appointed 
 counsel;
        (B) ongoing training, professional development, and 
 mentorship and supervision required to remain eligible 
 to serve as appointed counsel under such 

section 292;
            (C) reasonable, manageable, and sustainable 
 appointed counsel caseloads that are consistent with 
 appointed counsel's primary duty to provide 
 representation to individuals described in such 

section 292;
            (D) the elements to be evaluated during performance 
 reviews of appointed counsel to determine whether they 
 complied with their duty to provide representation 
 under such 

section 292;
        (E) how to provide adequate representation of 
 clients whose cases present conflicts of interest; and
        (F) ensuring continued representation in 
 circumstances in which clients move or are transferred, 
 or where cases are transferred or change venue;

    (8) evaluate plans submitted by Local Boards for the 
 provision of representation of individuals before U.S. 
 Citizenship and Immigration Services in matters described in 
 

section 292 of the Immigration and Nationality Act, after 
 taking into account the ability of such plans to provide such 
 representation, and approve such plans if they meet applicable 
 legal requirements of law and are consistent with the policies 
 of the Office;

    (9) review the implementation of plans approved by the 
 Board not less frequently than once every 4 years to ensure 
 that each Local Board complies with the plan approved by the 
 Board;

    (10) establish policies and procedures with respect to 
 compensation rates and reimbursement of reasonable expenses for 
 appointed counsel under such 

section 292 and others providing 
 services related to such representation;

    (11) establish procedures to obtain investigators, experts, 
 interpreters, and other providers of defense services necessary 
 for effective representation of individuals who are entitled to 
 counsel under such 

section 292;

    (12) establish procedures for the reimbursement of 
 reasonable expenses of attorneys, investigators, experts, 
 interpreters, and other persons providing representation and 
 related services under such 

section 292;

    (13) approve staffing levels and budgets for Immigration 
 Public Defender Organizations;

    (14) approve staffing levels and budgets for the Office; 
 and

    (15) establish a mechanism for the submission, review, 
 resolution, and reporting of complaints from individuals 
 entitled to counsel under such 

section 292 regarding such 
 representation.
            (l) Powers of the Board.--The Board is authorized--

    (1) to delegate any of its duties, in whole or in part, to 
 the Director, except for the duties described in paragraphs

    (1) ,

    (7) ,

    (13) and

    (14) of subsection

    (k) ;

    (2) to alter or revoke any such delegation to the Director;

    (3) to provide to Congress information regarding the 
 immigration system that the Board considers relevant to the 
 purpose of the Office;

    (4) to authorize studies or reports that relate to the 
 purpose of the Office;

    (5) to combine Local Boards or divide an area served by a 
 Local Board if the Board determines that such action is 
 necessary to carry out the purposes of this section;

    (6) to remove, by a vote of at least 13 members, a member 
 or members of a Local Board for malfeasance in office, 
 persistent neglect of or inability to discharge duties, or 
 conduct unbecoming of a member of the Local Board;

    (7) to seek, accept, and use public grants, private 
 contributions, and voluntary and uncompensated (gratuitous 
 services) to assist the Board in carrying out the purposes of 
 this Act and other services related to such purposes; and

    (8) to take any other action that is reasonably necessary 
 and not inconsistent with the Act to carry out the purposes of 
 this Act.

SEC. 204. DIRECTOR.

    (a) Requirements.--The Director of the Office--

    (1) shall be a licensed attorney in good standing in any 
 United States jurisdiction at the time of his or her 
 appointment and at all times during his or her service as the 
 Director;

    (2) shall be experienced in representing people in 
 proceedings described in 

section 292 of the Immigration and 
 Nationality Act, as amended by 

section 101 of this Act; and

    (3) may not be a member of the Board.

    (b) Duties.--The Director shall--

    (1) appoint and fix the compensation of employees of the 
 Office;

    (2) establish a personnel management system for the Office 
 that provides for the appointment, pay, promotion, and 
 assignment of all employees on the basis of merit, but without 
 regard to the provisions of subchapter I of chapter 33 of title 
 5, United States, Code (relating to appointments in the 
 competitive service) or the provisions of chapter 51 and 
 subchapter III of chapter 53 of such title (relating to 
 classification and General Schedule pay rates);

    (3) employ such personnel as may be necessary to advance 
 the purposes of the Office, subject to staffing and budget 
 approval of the Board;

    (4) provide an annual report to the Board regarding the 
 activities of the Office;

    (5) provide such periodic reports and work product to the 
 Board sufficient for the Board to fulfill its duties under 
 

section 203

    (k) ;

    (6) allocate and disburse funds appropriated for legal 
 representation and related services in cases subject to this 
 Act pursuant to rules and procedures established by the Board;

    (7) enter into contracts to provide or receive services 
 with any public or private agency, group, or individual;

    (8) appoint a Local Administrator for each region to 
 administer and approve, subject to the policies established by 
 the Board, the payment of funds necessary for Panel Attorney 
 representation, including Panel Attorney compensation, 
 investigators, experts, and other providers of representation 
 services, and any other necessary expenses for effective 
 representation;

    (9) assist the Board in developing rules and standards for 
 the delivery of services under this Act;

    (10) coordinate the services funded by the Office with any 
 Federal, state, county, local, or private programs established 
 to provide legal assistance to persons in cases subject to this 
 Act who are unable to afford representation;

    (11) consult with professional bodies concerning improving 
 the administration of legal representation for persons in 
 proceedings described in 

section 292 of the Immigration and 
 Nationality Act, as amended by 

section 101 of this Act; and

    (12) perform such other duties as may be assigned by the 
 Board.

SEC. 205. EMPLOYEES.

    (a) In General.--Employees of the Office shall be treated as 
employees of the Federal Government solely for purposes of--

    (1) subchapter 1 of chapter 81 of title 5, United States 
 Code (relating to compensation for work injuries);

    (2) chapter 83 of such title 5 (relating to retirement);

    (3) chapter 84 of such title 5 (relating to the Federal 
 Employees' Retirement System);

    (4) chapter 87 of such title 5 (relating to life 
 insurance); and

    (5) chapter 89 of such title 5 (relating to health 
 insurance).

    (b) Employer Contributions.--The Office shall make contributions on 
behalf of employees of the Office under the provisions referred to in 
subsection

    (a) at the same rates applicable to employees of agencies of 
the Federal Government.
            (c) Thrift Savings Plan.--Employees of the Office may make an 
election under 

section 8351 or 8432 of title 5, United States Code, to 
participate in the Thrift Savings Plan for Federal employees.

SEC. 206. LOCAL IMMIGRATION REPRESENTATION BOARDS.

    (a) Establishment.--Not later than 6 months after the establishment 
of the Board, the Office shall delineate administrative regions 
throughout the United States and establish a local immigration 
representation board for each region.

    (b) Composition of Local Boards.--

    (1) In general.--Subject to subsection
            (c) , each Local 
 Board shall consist of not fewer than 5 members and not greater 
 than 15 members, who shall initially be selected by the Board 
 after consultation with stakeholders in the Local Board's 
 region, including immigration legal service providers, 
 community-based organizations, and people who are or have been 
 subject to proceedings described in 

section 292 of the 
 Immigration and Nationality Act, as amended by 

section 101.

    (2) Attorneys.--Not fewer than 50 percent of the members of 
 the Local Board selected pursuant to paragraph

    (1) shall be--
        (A) licensed attorneys with experience in the 
 practice of removal defense; or
        (B) employees of community-based organizations 
 providing services to immigrants.

    (3) Subsequent members.--After the initial members are 
 selected pursuant to paragraph

    (1) , each Local Board shall 
 select its own members in accordance with bylaws that have been 
 approved by the Office.
            (c) Qualification of Members.--

    (1) Experience; commitment.--Members of a Local Board shall 
 have--
        (A) significant experience defending cases 
 described in 

section 292 of the Immigration and 
 Nationality Act, as amended by 

section 101; and
        (B) demonstrated a strong commitment to 
 representation in indigent defense matters.

    (2) Diversity.--The composition of each Local Boards shall 
 reflect the diversity of the population that counsel appointed 
 pursuant to such 

section 292 are responsible for representing, 
 including diversity of race, gender identity, sexual 
 orientation, immigration experience, and socioeconomic 
 background.

    (3) Restrictions.--A member of a Local Board may not--
        (A) be an employee of an Immigration Public 
 Defender Organization or Community Defender 
 Organization with a contract to provide representation 
 under such 

section 292;
        (B) be a member of an Attorney Panel referred to in 
 

section 207
            (d) ;
            (C) be a judicial officer of the United States or 
 of a State, territory, district, possession, or 
 commonwealth of the United States;
            (D) be employed as a prosecutor, a law enforcement 
 official, or a judicial official, or by a prosecutorial 
 or law enforcement agency; or
        (E) have held a position described in subparagraph
            (D) during the 3-year period immediately preceding his 
 or her appointment to the Board.
            (d) Term of Members of a Local Board.--

    (1) In general.--Members of a Local Board shall serve 4-
 year terms, except that the terms of the initial members shall 
 be staggered so that the term of not more than 50 percent of 
 the members expire during any calendar year.

    (2) Maximum length of service.--A person may not serve for 
 more than 9 years on a Local Board.

    (3) Replacement members.--A person who is appointed to 
 replace a member who has resigned or was removed shall serve 
 the remainder of the term of such departing person.

    (e) Compensation of Members of a Local Board.--

    (1) In general.--Members of any Local Board shall be paid 
 for their service at the daily rate at which judges of the 
 United States courts of appeals are compensated, but may not be 
 paid for more than 90 days of such service in any calendar 
 year.

    (2) Travel expenses.--Members of any Local Board shall 
 receive travel expenses, including per diem in lieu of 
 subsistence, in accordance with applicable provisions under 
 subchapter I of chapter 57 of title 5, United States Code.

    (f) Chair of Local Board.--Each Local Board shall elect a member of 
the Local Board to serve as chair for 2 years, which term shall begin 
on the date of election. Such chair may be reelected to extend such 
service for an additional 2-year term.

    (g) Removal of Member of Local Board.--Each Local Board, by a 
majority vote of the full membership, may remove a member from the 
Local Board for--

    (1) malfeasance in office;

    (2) persistent neglect of, or inability to discharge, Local 
 Board duties; or

    (3) conduct unbecoming of a member of the Local Board.

    (h) Quorum of Local Board.--A majority of the full membership of 
the Local Board shall constitute a quorum for the purpose of conducting 
business.
            (i) Local Board Governance.--Each Local Board shall adopt bylaws 
governing the operation of the Local Board, which may include 
provisions authorizing other officers of the Local Board and proxy 
voting.

    (j) Dissolution of Local Boards.--The Board, upon a \2/3\ vote, may 
dissolve a Local Board for good cause. Upon dissolution, the Office 
shall ensure that a new Local Board is established not later than 90 
days of dissolution. The new members of the Local Board shall be 
selected by the majority votes of the Immigration Public Defenders and 
the Panel Attorney representatives of the district or districts to be 
served and the Director.

    (k) Duties of Local Boards.--

    (1) Local plans.--
        (A) In general.--Each Local Board--
            (i) not later than 120 days after the Local 
 Board is established, shall develop and submit 
 to the Office for approval a Local Plan for the 
 provision of representation services for the 
 region served by the Local Board;
            (ii) shall implement the Local Plan after 
 it has been approved by the Office;
            (iii) may modify the Local Plan at any 
 time, subject to the approval of the Office; 
 and
            (iv) shall modify the Local Plan if so 
 directed by the Office.
        (B) Components; development.--Each Local Plan 
 developed pursuant to subparagraph
        (A) --
            (i) shall provide for the appointment of 
 counsel in a timely manner in accordance with 
 this Act;
            (ii) shall be developed in consultation 
 with U.S. Citizenship and Immigration Services 
 to ensure that it adequately encompasses 
 proceedings described in 

section 292 of the 
 Immigration and Nationality Act that are within 
 the jurisdiction of U.S. Citizenship and 
 Immigration Services;
            (iii) shall consider the existence of any 
 State, county, or locally funded programs 
 providing representation to people in 
 proceedings described in such 

section 292;
            (iv) may provide grants or reimbursements 
 to jurisdictions with programs described in 
 clause
            (iii) that provide representation that 
 furthers the purposes of this Act;
            (v) shall prioritize such grants or 
 reimbursements for State, county, and locally 
 funded programs that provide representation to 
 people involved in a proceeding described in 
 such 

section 292 without regard to any past 
 interaction with the immigration or criminal 
 legal systems;
            (vi) may, in accordance with 

section 207--
            (I) establish 1 or more Immigration 
 Public Defender Organizations; and
            (II) contract with 1 or more 
 Community Defender Organizations;
            (vii) shall provide for the establishment 
 of a panel of private attorneys to provide 
 representation under such 

section 292, in 
 accordance with 

section 207 of this Act; and
            (viii) shall provide a plan for holding 
 community engagement meetings that are open to 
 the public not less frequently than twice 
 during each fiscal year.
            (C) Local plans with border-based components.--
            (i) In general.--The Local Plan for each 
 region that is adjacent to the international 
 border between the United States and Mexico 
 border shall provide for representation to all 
 people subject to a proceeding described in 
 

section 292 of the Immigration and Nationality 
 Act, as amended by 

section 101 of this Act.
            (ii) Identifying counsel.--The Local Board 
 of each region described in clause
            (i) may 
 utilize the entities specified in 

section 207 
 and Attorney of the Day, attorney fellowship, 
 and other models--
            (I) to provide limited 
 representation to people in proceedings 
 at the border; and
            (II) to coordinate case transfers 
 and referrals for legal representation 
 for people who are subsequently 
 released from, or transferred within, 
 the custody of the Department of 
 Homeland Security or the Office of 
 Refugee Resettlement.

    (2) Appointments to immigration representation advisory 
 board.--If a Local Plan does not provide for the establishment 
 of an Immigration Public Defender Organization or contracting 
 with a Community Defender Organization in the region, the Local 
 Board shall appoint representatives to the Immigration 
 Representation Advisory Board established under 

section 210

    (a) .

    (3) Local administrator.--Each Local Board shall appoint, 
 subject to the approval of the Office, a Local Administrator 
 and such staff as may be necessary to assist the Local Board in 
 administering the selection and appointment of Panel Attorneys.

    (4) Immigration public defender.--If a Local Plan includes 
 the establishment of 1 or more Immigration Public Defender 
 Organizations, the Local Board shall--
        (A) select 1 or more Immigration Public Defenders, 
 who shall serve in accordance with 

section 207

    (b) , for 
 the region or a portion of the region that will be 
 served by the Local Board;
        (B) periodically evaluate the performance of the 
 Immigration Public Defender; and
            (C) submit the results of the evaluations required 
 under subparagraph
        (B) , as directed by the Office.

    (5) Duties of local administrator.--Each Local 
 Administrator shall--
        (A) review, and certify for payment, all vouchers 
 received from Panel Attorneys to compensate them for--
            (i) their time spent representing clients 
 appointed to them pursuant to 

section 292 of 
 the Immigration and Nationality Act, as amended 
 by 

section 101 of this Act; and
            (ii) the costs of investigators, experts, 
 interpreters, and other providers of defense 
 services for work performed on behalf of the 
 Panel Attorneys and their clients;
        (B) authorize reasonable expenditures for 
 transcripts and the services of paralegals and other 
 legal support personnel, to the extent necessary;
            (C) prepare, at the direction of the Office, an 
 annual budget for the provision of representation 
 services under such 

section 292, except for 
 representation services provided by an Immigration 
 Public Defender Office;
            (D) implement procedures established by the Office, 
 permitting a Panel Attorney or other representative 
 appointed under such 

section 292 to appeal a decision 
 of the Local Administrator concerning compensation or 
 reimbursement; and
        (E) perform other duties related to the 
 authorization, payment, and budgeting of expenses 
 related to Panel Attorneys, as assigned by the 
 Director.

    (6) Representation of financially eligible persons.--The 
 Local Board shall establish procedures for the appointment of 
 counsel for any person who--
        (A) is subject to a proceeding described in 

section 292 of the Immigration and Nationality Act, as amended 
 by 

section 101; and
        (B) is financially unable to obtain high-quality 
 representation.

SEC. 207. TYPES OF IMMIGRATION DEFENDERS.

    (a) In General.--To ensure representation of all eligible persons 
in proceedings described in 

section 292 of the Immigration and 
Nationality Act, as amended by 

section 101, the Local Board may--

    (1) establish 1 or more Immigration Public Defender 
 Organizations in the region comprising the Local Board's 
 jurisdiction;

    (2) contract with existing Community Defender 
 Organizations; and

    (3) establish a Panel Attorney system.

    (b) Immigration Public Defender.--

    (1) In general.--An Immigration Public Defender 
 Organization shall consist of 1or more full-time salaried 
 attorneys. Each Immigration Public Defender Organization shall 
 be supervised by an Immigration Public Defender appointed by 
 the Local Board that established the organization, subject to 
 the approval of the Office and without regard to the provisions 
 of title 5, United States Code, governing appointments in the 
 competitive service.

    (2) Removal.--
        (A) In general.--The Immigration Public Defender 
 shall serve at the pleasure of the Local Board, but may 
 be removed by the Director for--
            (i) malfeasance in office;
            (ii) persistent neglect or inability to 
 discharge the duties of an Immigration Public 
 Defender; or
            (iii) conduct unbecoming of a 
 representative of the Office.
        (B) Nonfactors for justifying removal.--The efforts 
 and advocacy of an Immigration Public Defender to 
 ensure that the Office carries out its responsibilities 
 under this Act, including ensuring parity of resources, 
 protecting counsel's duty to provide representation, 
 and ensuring manageable caseloads consistent with that 
 duty, may not serve as a basis for removal or for 
 initiating proceedings for removal against the 
 Immigration Public Defender.

    (3) Continued service until appointment of successor.--Upon 
 the expiration of the term of service for which he or she was 
 appointed, an Immigration Public Defender may continue to 
 perform the duties of such office, in accordance with rules 
 established by the Local Board, until the earlier of--
        (A) the date on which a successor is appointed; or
        (B) the date that is 1 year after the expiration of 
 such term.

    (4) Compensation.--The compensation of each Immigration 
 Public Defender shall be fixed by the Local Board at a rate 
 that is comparable to--
        (A) the rate of compensation received by the 
 Principal Legal Advisor of U.S. Immigration and Customs 
 Enforcement who is practicing in the nearest court 
 where representation is furnished; or
        (B) if more than 1 court is involved, the rate of 
 compensation that is paid to the higher paid Principal 
 Legal Advisor in such courts.

    (5) Additional personnel.--
        (A) Appointments.--The Immigration Public Defender 
 may appoint, without regard to the provisions of title 
 5, United States Code, governing appointments in the 
 competitive service, full-time attorneys in such number 
 as may be approved by the Office and other personnel in 
 such number as may be approved.
        (B) Compensation.--Compensation paid to the 
 attorneys and other personnel approved by the Office 
 pursuant to subparagraph
        (A) shall be fixed by the 
 Immigration Public Defender at a rate that is 
 comparable to--
            (i) the rate of compensation that is paid 
 to attorneys and other personnel of similar 
 qualifications and experience in the Office of 
 the Principal Legal Advisor in the nearest 
 court where representation is furnished; or
            (ii) if more than 1 court is involved, the 
 rate of compensation that is paid to the higher 
 paid person of similar qualifications and 
 experience in such courts.

    (6) Treatment as federal government employees.--Employees 
 of an Immigration Public Defender Organization shall be treated 
 as employees of the Federal Government solely for purposes of--
        (A) subchapter 1 of chapter 81 of title 5, United 
 States Code (relating to compensation for work 
 injuries);
        (B) chapter 83 of such title 5 (relating to 
 retirement);
            (C) chapter 84 of such title 5 (relating to the 
 Federal Employees' Retirement System);
            (D) chapter 87 of such title 5 (relating to life 
 insurance); and
        (E) chapter 89 of such title 5 (relating to health 
 insurance).

    (7) Restriction.--An Immigration Public Defender and any 
 attorney appointed to serve in an Immigration Public Defender 
 Organization is prohibited from engaging in the private 
 practice of law.

    (8) Limited liability.--The Office, to the extent the 
 Director considers appropriate, shall provide representation 
 for and hold harmless, or provide liability insurance for, any 
 person who is an officer or employee of an Immigration Public 
 Defender Organization.

    (9) Reports.--Each Immigration Public Defender Organization 
 shall submit periodic reports of its activities and financial 
 positions and its proposed budget to the Local Board at the 
 times and in the form prescribed by the Local Board.
            (c) Community Defender Organizations.--

    (1) In general.--A Community Defender Organization shall be 
 a nonprofit legal representation service established and 
 administered by any group authorized by the Local Plan to 
 provide representation to individuals subject to proceedings 
 described in 

section 292 of the Immigration and Nationality 
 Act, as amended by 

section 101.

    (2) Annual report.--Each Community Defender Organization 
 shall submit an annual report to the Local Board that sets 
 forth its activities during the previous fiscal year and the 
 anticipated caseload and expenses for the upcoming fiscal year.
            (d) Attorney Panel.--Each Local Plan developed pursuant to 

section 206

    (k)

    (1) shall provide for--

    (1) the appointment of qualified private attorneys from an 
 Attorney Panel within the region;

    (2) the implementation of standards established by the 
 Office setting forth the minimum qualifications for Panel 
 Attorneys; and

    (3) the establishment of a system to ensure that--
        (A) the number of attorneys on each Attorney Panel 
 is limited to provide each attorney with sufficient 
 appointments to maintain continuing familiarity with 
 immigration law and procedure;
        (B) there is early entry of counsel, including 
 representation as soon as possible in all proceedings 
 described in 

section 292 of the Immigration and 
 Nationality Act, as amended by 

section 101;
            (C) there are adequate support services, including 
 training and technical support, for members of each 
 Attorney Panel for every area in the region;
            (D) conflicts of interests are avoided; and
        (E) there is equal employment opportunity for the 
 employees of Immigration Public Defender Organizations 
 and Panel Attorneys.

SEC. 208. COMPENSATION AND REIMBURSEMENT OF EXPENSES OF COUNSEL.

    (a) In General.--The Office shall establish the appropriate hourly 
rates and salaries to be paid to counsel appointed under each Local 
Plan, which--

    (1) shall be established at levels that will ensure the 
 provision of high-quality legal representation for all people 
 represented in proceedings described in 

section 292 of the 
 Immigration and Nationality Act, as amended by 

section 101; and

    (2) shall be calculated to provide appointed counsel with 
 compensation that is comparable to the compensation paid to--
        (A) attorneys who are employed by the Office of the 
 Principal Legal Advisor of U.S. Immigration and Customs 
 Enforcement nearest to the forum in which such counsel 
 is providing representation;
        (B) attorneys employed by the corresponding Federal 
 prosecutor's office; or
            (C) any other attorney representing the Government 
 in connection with proceedings that are comparable to 
 proceedings described in such 

section 292.

    (b) Use of Billing Caps.--If the Office places caps on total 
billing for legal representation, the Office shall establish policies 
and procedures for counsel to request authorization to exceed such caps 
to the extent required to ensure effective representation.
            (c) Fees; Additional Compensation.--The Office shall establish--

    (1) distinct fees to apply to counsel providing services in 
 proceedings that fall within the geographic jurisdiction of 
 each of the United States courts of appeal within each region 
 delineated by the Office pursuant to 

section 206

    (a) , after 
 taking into account the prevailing wage rates for qualified 
 attorneys within the geographic area in which representation 
 will be provided under 

section 292 of the Immigration and 
 Nationality Act, as amended by 

section 101; and

    (2) additional compensation to be paid to counsel who 
 provide representation under such 

section 292 to individuals in 
 remote and underserved areas, after taking into account the 
 distance from the place of business of such counsel to--
        (A) the immigration courts;
        (B) Department of Homeland Security and Department 
 of Health and Human Services facilities; and
            (C) other relevant sites where such representation 
 is expected to be provided.
            (d) Reimbursement for Expenses; Salary Increases.--

    (1) Reimbursements.--Counsel providing representation under 
 

section 292 of the Immigration and Nationality Act, as amended 
 by 

section 101, shall be reimbursed by the Department of 
 Homeland Security for expenses reasonably incurred in the 
 course of such representation, including the costs of 
 transcripts, but may not be reimbursed by the Federal 
 Government for expenses related to defending against 
 malpractice claims.

    (2) Salary increases.--The Office shall establish policies 
 and procedures governing increases in hourly rates, salaries, 
 and fees initially determined under subsection

    (a) or
            (c) .

    (e) Payments in Excess of Established Fees.--The Office shall 
establish policies and procedures for requesting and approving payments 
in excess of the fees established under subsection
            (c) for extended or 
complex representation if such excess payments are necessary to provide 
fair compensation for the counsel providing such representation.

SEC. 209. SERVICES OTHER THAN COUNSEL.

    (a) Services To Be Preapproved by the Local Board.--

    (1) In general.--Counsel appointed to represent individuals 
 in proceedings described in 

section 292 of the Immigration and 
 Nationality Act, as amended by 

section 101, may request 
 approval from the Local Board for investigative, expert, or 
 other services necessary for such representation pursuant to 
 procedures established by the Board, including services 
 necessary to develop release plans and provide post-release 
 services for people in the custody of the Department of 
 Homeland Security or the Office of Refugee Resettlement.

    (2) Examples of services.--Services subject to preapproval 
 under paragraph

    (1) may include--
        (A) the retention of specialized counsel in 
 connection with ancillary matters appropriate to such 
 proceedings;
        (B) services and support related to mental health, 
 housing, addiction, food, travel, and accompaniment to 
 immigration court proceedings;
            (C) copying or obtaining discovery materials that 
 are in the possession, custody, or control of the 
 Government; or
            (D) any other services required to ensure effective 
 representation or the interests of justice.

    (b) Services To Be Approved by the Local Board After the Fact.--

    (1) In general.--Counsel appointed to represent individuals 
 in proceedings described in 

section 292 of the Immigration and 
 Nationality Act, as amended by 

section 101, may obtain, without 
 prior authorization, but subject to later review by the Local 
 Board, investigative, expert, and other services if necessary 
 for representation.

    (2) Payment.--In the interests of justice and upon a 
 determination by the Local Board that timely procurement of 
 certain necessary services could not await prior authorization, 
 payment for such services may be approved by the Local Board 
 after they have been obtained.
            (c) Amount of Compensation.--In determining the appropriate 
compensation for services other than counsel, the Office shall ensure 
that such compensation is comparable to the compensation paid to the 
Government for substantially similar services.
            (d) Policies and Procedures.--The Office shall establish policies 
and procedures that--

    (1) identify the circumstances under which--
        (A) payment shall be made for services other than 
 counsel; and
        (B) prior authorization for certain necessary 
 services is not required; and

    (2) permit counsel appointed to represent individuals in 
 proceedings described in 

section 292 of the Immigration and 
 Nationality Act, as amended by 

section 101, to seek increases 
 in funding for such services if counsel reasonably believes 
 that the compensation established by the Office pursuant to 
 subsection
            (c) does not meet the parity requirement under such 
 subsection.

    (e) Financial Eligibility Determinations.--

    (1) In general.--Private counsel for any person who is 
 financially unable to obtain services other than counsel 
 necessary for representation, including services described in 
 subsections

    (a) and

    (b) , may request that the Local 
 Administrator make a determination of the financial eligibility 
 for such person to receive Government funding for such 
 services.

    (2) Payment.--If the Local Administrator determines that a 
 person described in paragraph

    (1) is financially unable to 
 obtain necessary services other than counsel, the Local 
 Administrator shall authorize payment for such services 
 pursuant to procedures established by the Office.

SEC. 210. IMMIGRATION REPRESENTATION ADVISORY BOARD.

    (a) Establishment.--

    (1) In general.--Subject to paragraph

    (2) , there is 
 established the Immigration Representation Advisory Board, 
 which shall consist of--
        (A) 1 Immigration Public Defender representative 
 from each region delineated pursuant to 

section 206

    (a) , 
 who shall be selected by the Immigration Public 
 Defenders within each such region;
        (B) 1 Community Defender Organization 
 representative from each region delineated pursuant to 
 

section 206

    (a) , who shall be selected by the Community 
 Defender Organizations within each such region; and
            (C) 1 Panel Attorney representative from within the 
 jurisdiction of each Federal circuit court of appeals, 
 who shall be selected by the Panel Attorneys within 
 each such circuit.

    (2) Alternative selection process.--
        (A) No immigration public defender office.--If a 
 Local Plan does not provide for the establishment of an 
 Immigration Public Defender Office, the relevant Local 
 Board shall appoint 2 Community Defender Organization 
 representatives to serve on the Immigration 
 Representation Advisory Board.
        (B) No community defender organization.--If a Local 
 Plan does not provide for a contract with a Community 
 Defender Organization, the relevant Local Board shall 
 appoint 2 Immigration Public Defender Representatives 
 to serve on the Immigration Representation Advisory 
 Board.

    (b) Term of Service.--

    (1) In general.--Members of the Immigration Representation 
 Advisory Board shall serve 2-year terms, except that the terms 
 of 50 percent of the initial members appointed pursuant to 
 subsection

    (a) shall be 1 year.

    (2) Maximum consecutive service.--No member may serve on 
 the Immigration Representation Advisory Board for more than 6 
 consecutive years.

    (3) Partial term appointments.--If a member of the 
 Immigration Representation Advisory Board does not serve until 
 the end of his or her term due to resignation or removal, the 
 person appointed to replace such member shall serve for the 
 remainder of such term.
            (c) Compensation.--Members of the Immigration Representation 
Advisory Board shall serve without compensation, but shall be 
reimbursed for all actual and necessary expenses reasonably incurred in 
the performance of their duties as members of the Immigration 
Representation Advisory Board.
            (d) Governance; Meetings.--The Immigration Representation Advisory 
Board shall--

    (1) establish bylaws;

    (2) select a chairperson from among its members;

    (3) appoint other such officers as it deems necessary; and

    (4) meet not less frequently than once each year.

 TITLE III--AUTHORIZATION OF APPROPRIATIONS

SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Office of Immigration Representation, out of any money in the Treasury 
that is not otherwise appropriated, such sums as may be necessary to 
carry out this Act, and the amendments made by this Act, including--

    (1) establishing and operating the Office; and

    (2) providing continuing education and training of counsel 
 providing representation under 

section 292 of the Immigration 
 and Nationality Act, as amended by 

section 101.

    (b) Availability of Funds.--If so specified in appropriation Acts, 
amounts appropriated pursuant to subsection

    (a) shall remain available 
until expended. Payments from such appropriations shall be made under 
the supervision of the Director of the Office of Immigration 
Representation.

SEC. 302. MINIMUM FUNDING FOR THE OFFICE OF IMMIGRATION REPRESENTATION.

    (a) In General.--The amount appropriated to the Office of 
Immigration Representation for each fiscal year shall be not less than 
the amount equal to the sum of the combined amount appropriated for 
Federal immigration enforcement and prosecution agencies and the 
Office, multiplied by the ``prosecution-defense'' ratio calculated 
pursuant to subsection

    (b) .

    (b) Calculation of Prosecution-Defense Ratio.--

    (1) In general.--Except as provided in paragraph

    (2) , the 
 Office of Management and Budget shall calculate the 
 prosecution-defense ratio, for purposes of subsection

    (a) , by 
 dividing the sum appropriated to the Office of Immigration 
 Representation account for the most recently concluded fiscal 
 year by the combined amount appropriated for such fiscal year 
 for Federal immigration enforcement and prosecution agencies, 
 including amounts appropriated for--
        (A) U.S. Immigration and Customs Enforcement;
        (B) U.S. Customs and Border Protection; and
            (C) the Office of Immigration Litigation of the 
 Department of Justice.

    (2) Effect of shifting prosecutorial functions.--If the law 
 enforcement or prosecutorial functions of the agencies or 
 offices referred to in subparagraphs
        (A) through
            (C) of 
 paragraph

    (1) on the date of the enactment of this Act are 
 performed by different agencies or offices in a future fiscal 
 year, the Office of Management and Budget shall use the amount 
 appropriated for those functions in calculating the 
 prosecution-defense ratio under paragraph

    (1) .
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