(B) NUMBER
OF
CHILDREN.—To the 
greatest extent possible, each site selected 
under subparagraph (A) should have at least 25 
children held in immigration custody at any 
given time. 
(4) REPORT TO CONGRESS.—Not later than 1 
year after the date on which the first pilot program 
is established pursuant to paragraph (1), the Direc-
tor shall report to the Committees on the Judiciary 
of the Senate and the House of Representatives on 
subparagraphs (A) through (C) of paragraph (2). 
SEC. 202. COUNSEL. 
(a) ACCESS TO COUNSEL.—
(1) IN GENERAL.—The Director shall ensure 
that all unaccompanied alien children in the custody 
of the Office, or in the custody of the Directorate, 
who are not described in section 101(a)(2) shall 
have competent counsel to represent them in immi-
gration proceedings or matters. 
(2) PRO BONO REPRESENTATION.—To the max-
imum extent practicable, the Director shall utilize 
the services of competent pro bono counsel who 
agree to provide representation to such children 
without charge.
(3) GOVERNMENT-FUNDED LEGAL REPRESEN-
TATION AS A LAST RESORT.—
(A) APPOINTMENT OF COMPETENT COUN-
SEL.—Notwithstanding section 292 of the Im-
migration and Nationality Act (8 U.S.C. 1362) 
or any other provision of law, if no competent 
counsel is available to represent an unaccom-
panied alien child without charge, the Director 
shall appoint competent counsel for such child 
at the expense of the Government. 
(B) LIMITATION
ON
ATTORNEY
FEES.—
Counsel appointed under subparagraph (A) 
shall not be compensated at a rate in excess of 
the rate provided under section 3006A of title 
18, United States Code. 
(C) AVAILABILITY OF FUNDING.—In car-
rying out this paragraph, the Director may 
make use of funds derived from any source des-
ignated by the Secretary of Health and Human 
Services from discretionary funds available to 
the Department of Health and Human Services. 
(D) ASSUMPTION OF THE COST OF GOV-
ERNMENT-PAID
COUNSEL.—In the case of a 
child for whom counsel is appointed under sub-
paragraph (A) who is subsequently placed in
the physical custody of a parent or legal guard-
ian, such parent or legal guardian may elect to 
retain the same counsel to continue representa-
tion of the child, at no expense to the Govern-
ment, beginning on the date that the parent or 
legal guardian assumes physical custody of the 
child. 
(4) DEVELOPMENT
OF
NECESSARY
INFRA-
STRUCTURES AND SYSTEMS.—In ensuring that legal 
representation is provided to such children, the Di-
rector shall develop the necessary mechanisms to 
identify entities available to provide such legal as-
sistance and representation and to recruit such enti-
ties. 
(5) CONTRACTING
AND
GRANT
MAKING
AU-
THORITY.—
(A) IN
GENERAL.—Subject to the avail-
ability of appropriations, the Director shall
enter into contracts with or make grants to na-
tional nonprofit agencies with relevant expertise 
in the delivery of immigration-related legal serv-
ices to children in order to carry out this sub-
section. National nonprofit agencies may enter 
into subcontracts with or make grants to pri-
vate voluntary agencies with relevant expertise
in the delivery of immigration-related legal serv-
ices to children in order to carry out this sub-
section. 
(B) INELIGIBILITY FOR GRANTS AND CON-
TRACTS.—In making grants and entering into 
contracts with agencies in accordance with sub-
paragraph (A), the Director shall ensure that 
no such agency receiving funds under this sub-
section is a grantee or contractee for more than 
1 of the following services: 
(i) Services provided under section 
102. 
(ii) Services provided under section 
201. 
(iii) Services provided under para-
graph (2). 
(iv) Services provided under para-
graph (3). 
(6) MODEL GUIDELINES ON LEGAL REPRESEN-
TATION OF CHILDREN.—
(A) DEVELOPMENT OF GUIDELINES.—The 
Executive Office for Immigration Review, in 
consultation with voluntary agencies and na-
tional experts, shall develop model guidelines 
for the legal representation of alien children in
immigration proceedings based on the children’s 
asylum guidelines, the American Bar Associa-
tion Model Rules of Professional Conduct, and 
other relevant domestic or international sources. 
(B) 
PURPOSE
OF
GUIDELINES.—The 
guidelines developed in accordance with sub-
paragraph (A) shall be designed to help protect 
a child from any individual suspected of involve-
ment in any criminal, harmful, or exploitative 
activity associated with the smuggling or traf-
ficking of children, while ensuring the fairness 
of the removal proceeding in which the child is 
involved. 
(C) 
IMPLEMENTATION.—The 
Executive 
Office for Immigration Review shall adopt the 
guidelines developed in accordance with sub-
paragraph (A) and submit them for adoption by 
national, State, and local bar associations. 
(b) DUTIES.—Counsel shall—
(1) represent the unaccompanied alien child in 
all proceedings and matters relating to the immigra-
tion status of the child or other actions involving the 
Directorate;
(2) appear in person for all individual merits 
hearings before the Executive Office for Immigration 
Review and interviews involving the Directorate; and 
(3) owe the same duties of undivided loyalty, 
confidentiality, and competent representation to the 
child as is due an adult client. 
(c) ACCESS TO CHILD.—
(1) IN GENERAL.—Counsel shall have reason-
able access to the unaccompanied alien child, includ-
ing access while the child is being held in detention, 
in the care of a foster family, or in any other setting 
that has been determined by the Office. 
(2) RESTRICTION
ON
TRANSFERS.—Absent 
compelling and unusual circumstances, no child who 
is represented by counsel shall be transferred from 
the child’s placement to another placement unless 
advance notice of at least 24 hours is made to coun-
sel of such transfer. 
(d) TERMINATION OF APPOINTMENT.—Counsel ap-
pointed under subsection (a)(3) shall carry out the duties 
described in subsection (b) until—
(1) those duties are completed; 
(2) the child departs the United States;