alien’s current immigration status, prior immigration his-
tory, or potential for immigration relief. 
SEC. 4. REPORT ON ACCESS TO COUNSEL. 
(a) REPORT.—Not later than December 31 of each 
year, the Secretary of Homeland Security, in consultation 
with the Attorney General, shall prepare and submit a re-
port to the Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of Rep-
resentatives regarding the extent to which aliens described 
in section 292(c) of the Immigration and Nationality Act, 
as added by section 2(c)(1), have been provided access to 
counsel. 
(b) CONTENTS.—Each report submitted under para-
graph (a) shall include, for the immediately preceding 1- 
year period— 
(1) the number and percentage of aliens de-
scribed in paragraphs (1), (2), (3), and (4), respec-
tively, of section 292(c) of the Immigration and Na-
tionality Act, as added by section 2(c)(1), who were 
represented by counsel, including information speci-
fying— 
(A) the stage of the legal process at which 
the alien was represented; and 
(B) whether the alien was in government 
custody; and 
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(2) the number and percentage of aliens who 
received legal orientation presentations. 
SEC. 5. MOTIONS TO REOPEN. 
Section 240(c)(7)(C) of the Immigration and Nation-
ality Act (8 U.S.C. 1229a(c)(7)(C)) is amended by adding 
at the end the following: 
‘‘(v) SPECIAL RULE FOR ALIENS EN-
TITLED TO APPOINTMENT OF COUNSEL.— 
If the Attorney General fails to appoint 
counsel for an alien in violation of section 
292(c)— 
‘‘(I) no limitation under this 
paragraph pertaining to the filing of 
any motion under this paragraph by 
such alien shall apply; and 
‘‘(II) the filing of such a motion 
shall stay the removal of the alien.’’. 
SEC. 6. SUPPLEMENTARY SURCHARGE. 
(a) IN GENERAL.—Chapter 9 of the Immigration and 
Nationality Act is amended by adding at the end the fol-
lowing: 
‘‘SEC. 295. SUPPLEMENTARY SURCHARGE. 
‘‘(a) IN GENERAL.—There is established in the gen-
eral fund of the Treasury a separate account which shall 
be known as the ‘Immigration Counsel Account’. Notwith-
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standing any other section of this title, there shall be de-
posited as offsetting receipts into the Immigration Counsel 
Account all fees collected under subsection (c) of this sec-
tion, to remain available until expended for purposes of 
providing access to counsel when required or authorized 
under this Act and facilitating access to counsel under the 
Funding Attorneys for Indigent Removal (FAIR) Pro-
ceedings Act. 
‘‘(b) REPORT.—At the end of each 2-year period, be-
ginning with the creation of this account, the Secretary 
of Homeland Security, following a public rulemaking with 
opportunity for notice and comment, shall submit a report 
to the Congress concerning the status of the account, in-
cluding any balances therein, and recommend any adjust-
ment in the prescribed fee that may be required to ensure 
that the receipts collected from the fee charged for the 
succeeding two years equal, as closely as possible, the cost 
of providing access to counsel when required or authorized 
under this Act and facilitating access counsel under the 
Funding Attorneys for Indigent Removal (FAIR) Pro-
ceedings Act. 
‘‘(c) RECEIPTS.—In any case in which a fee is 
charged pursuant to this Act or any of the other immigra-
tion laws, an additional surcharge of $10 shall also be im-
posed and collected.’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
such Act is amended by inserting after the item relating 
to section 294 the following: 
‘‘Sec. 295. Supplementary surcharge.’’. 
Æ 
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