Fairness to Freedom Act of 2023

Subjects: Immigration


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1187 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1187

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 18, 2023

Mrs. Gillibrand (for herself, Mr. Booker, Mr. Padilla, Mr. Markey, Mr. 
 Sanders, Ms. Warren, and Mr. Merkley) introduced the following bill; 
  which was read twice and 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 2023''.
    (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 counsel expenses.
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 101(a)(27)(J)(ii);
            ``(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 209 of the Fairness to Freedom Act 
                of 2023.
            ``(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 2023 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 2023 (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 2023 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 
        2023 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).
            (6) Panel attorney.--The term ``Panel Attorney'' means a 
        private attorney appointed by a State or local Office of Public 
        Defender to provide legal services to an individual who cannot 
        afford legal representation.

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, a member of a Local 
                Board, an Immigration Public Defender Organization, or 
                a 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, an 
                employee of a prosecutor's office or law enforcement 
                agency, or any person who has held any such 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 section 292 of the Immigration and Nationality 
        Act;
            (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 section 292 of the Immigration and 
        Nationality Act 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 date on which 
the Board is established pursuant to section 203(a), 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 member 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 
        a 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 COUNSEL EXPENSES.

    (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).
                                 &lt;all&gt;
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