set forth in section 3006A of title 18, United States 
Code. 
SEC. 3. ACCESS BY COUNSEL AND LEGAL ORIENTATION AT 
DETENTION FACILITIES. 
(a) ACCESS TO COUNSEL.—The Secretary of Home-
land Security shall facilitate access to counsel for all aliens 
detained in facilities under the supervision of U.S. Immi-
gration and Customs Enforcement or of U.S. Customs and 
Border Protection, including providing information to 
aliens in detention about legal services programs at deten-
tion facilities. 
(b) ACCESS TO LEGAL ORIENTATION PROGRAMS.— 
The Secretary of Homeland Security, in consultation with 
the Attorney General, shall establish procedures to ensure 
that legal orientation programs are available for all de-
tained aliens, including aliens held in U.S. Customs and 
Border Protection facilities, to inform such aliens of the 
basic procedures of immigration hearings, their rights re-
lating to those hearings under Federal immigration laws, 
information that may deter such aliens from filing frivo-
lous legal claims, and any other information that the At-
torney General considers appropriate, such as a contact 
list of potential legal resources and providers. Access to 
legal orientation programs shall not be limited by the 
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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. IMMIGRATION COUNSEL ACCOUNT. 
(a) IN GENERAL.—Chapter 9 of the Immigration and 
Nationality Act is amended by adding at the end the fol-
lowing: 
‘‘SEC. 295. IMMIGRATION COUNSEL ACCOUNT. 
‘‘(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’. Amounts 
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deposited into the Immigration Counsel Account shall re-
main available until expended to provide access to counsel 
when required or authorized under this Act and to facili-
tate access to counsel under the Funding Attorneys for 
Indigent Removal (FAIR) Proceedings Act. 
‘‘(b) REPORT.—At the end of each 2-year period, be-
ginning with the creation of Immigration Counsel Ac-
count, the Secretary of Homeland Security, following a 
public rulemaking with opportunity for notice and com-
ment, shall submit a report to the Congress concerning 
the status of the account, including any balances therein, 
and recommend any adjustment in the amount of the 
funds required to be reserved under section 286(m) for 
deposit into the account that may be required to ensure 
that the amounts so reserved 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) Proceedings Act.’’. 
(b) DEPOSITS.—Section 286(m) of the Immigration 
and Nationality Act (8 U.S.C. 1356(m)) is amended by 
adding at the end the following: 
‘‘Notwithstanding the first sentence of this subsection, be-
ginning on the date of the enactment of the Funding At-
torneys for Indigent Removal (FAIR) Proceedings Act, 
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$10 from each fee for providing adjudication or natu-
ralization services as may be charged and collected in ac-
cordance with this subsection shall be reserved and depos-
ited as offsetting receipts into the Immigration Counsel 
Account established under section 295.’’. 
(c) 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. Immigration Counsel Account.’’. 
Æ 
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