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 ap-
peals 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 appli-
cable 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 
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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 dis-
charge, 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 of-
ficers 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 dis-
solution. The new members of the Local Board shall be 
selected by the majority votes of the Immigration Public 
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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 representa-
tion 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 accord-
ance with this Act; 
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(ii) shall be developed in consultation 
with U.S. Citizenship and Immigration 
Services to ensure that it adequately en-
compasses 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 pro-
ceedings described in such section 292; 
(iv) may provide grants or reimburse-
ments to jurisdictions with programs de-
scribed in clause (iii) that provide rep-
resentation that furthers the purposes of 
this Act; 
(v) shall prioritize such grants or re-
imbursements for State, county, and lo-
cally funded programs that provide rep-
resentation to people involved in a pro-
ceeding described in such section 292 with-
out regard to any past interaction with the 
immigration or criminal legal systems; 
(vi) may, in accordance with section 
207— 
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(I) establish 1 or more Immigra-
tion Public Defender Organizations; 
and 
(II) contract with 1 or more 
Community Defender Organizations; 
(vii) shall provide for the establish-
ment 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 inter-
national border between the United States 
and Mexico border shall provide for rep-
resentation to all people subject to a pro-
ceeding described in section 292 of the Im-
migration and Nationality Act, as amended 
by section 101 of this Act. 
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(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 representa-
tion to people in proceedings at the 
border; and 
(II) to coordinate case transfers 
and referrals for legal representation 
for people who are subsequently re-
leased from, or transferred within, the 
custody of the Department of Home-
land Security or the Office of Refugee 
Resettlement. 
(2) APPOINTMENTS
TO
IMMIGRATION
REP-
RESENTATION ADVISORY BOARD.—If a Local Plan 
does not provide for the establishment of an Immi-
gration Public Defender Organization or contracting 
with a Community Defender Organization in the re-
gion, 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 
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Office, a Local Administrator and such staff as may 
be necessary to assist the Local Board in admin-
istering the selection and appointment of Panel At-
torneys. 
(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 com-
pensate them for— 
(i) their time spent representing cli-
ents appointed to them pursuant to section 
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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 nec-
essary; 
(C) prepare, at the direction of the Office, 
an annual budget for the provision of represen-
tation services under such section 292, except 
for representation services provided by an Im-
migration 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 Adminis-
trator concerning compensation or reimburse-
ment; and 
(E) perform other duties related to the au-
thorization, payment, and budgeting of ex-
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penses related to Panel Attorneys, as assigned 
by the Director. 
(6) REPRESENTATION OF FINANCIALLY ELIGI-
BLE
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 el-
igible persons in proceedings described in section 292 of 
the Immigration and Nationality Act, as amended by sec-
tion 101, the Local Board may— 
(1) establish 1 or more Immigration Public De-
fender 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 De-
fender Organization shall consist of 1or more full- 
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time salaried attorneys. Each Immigration Public 
Defender Organization shall be supervised by an Im-
migration 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 Pub-
lic Defender shall serve at the pleasure of the 
Local Board, but may be removed by the Direc-
tor 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 rep-
resentative of the Office. 
(B) NONFACTORS
FOR
JUSTIFYING
RE-
MOVAL.—The efforts and advocacy of an Immi-
gration Public Defender to ensure that the Of-
fice carries out its responsibilities under this 
Act, including ensuring parity of resources, pro-
tecting counsel’s duty to provide representation, 
and ensuring manageable caseloads consistent 
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with that duty, may not serve as a basis for re-
moval 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 Immi-
gration Public Defender may continue to perform 
the duties of such office, in accordance with rules es-
tablished by the Local Board, until the earlier of— 
(A) the date on which a successor is ap-
pointed; or 
(B) the date that is 1 year after the expi-
ration 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. Immigra-
tion and Customs Enforcement who is prac-
ticing 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.— 
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(A) 
APPOINTMENTS.—The 
Immigration 
Public Defender may appoint, without regard to 
the provisions of title 5, United States Code, 
governing appointments in the competitive serv-
ice, 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 De-
fender 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 qualifica-
tions and experience in such courts. 
(6) TREATMENT
AS
FEDERAL
GOVERNMENT 
EMPLOYEES.—Employees of an Immigration Public 
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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 De-
fender and any attorney appointed to serve in an 
Immigration Public Defender Organization is pro-
hibited from engaging in the private practice of law. 
(8) LIMITED LIABILITY.—The Office, to the ex-
tent the Director considers appropriate, shall provide 
representation for and hold harmless, or provide li-
ability insurance for, any person who is an officer or 
employee of an Immigration Public Defender Orga-
nization. 
(9) REPORTS.—Each Immigration Public De-
fender Organization shall submit periodic reports of 
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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 Or-
ganization shall be a nonprofit legal representation 
service established and administered by any group 
authorized by the Local Plan to provide representa-
tion 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 De-
fender Organization shall submit an annual report 
to the Local Board that sets forth its activities dur-
ing the previous fiscal year and the anticipated case-
load 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 attor-
neys from an Attorney Panel within the region; 
(2) the implementation of standards established 
by the Office setting forth the minimum qualifica-
tions for Panel Attorneys; and 
(3) the establishment of a system to ensure 
that— 
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(A) the number of attorneys on each Attor-
ney Panel is limited to provide each attorney 
with sufficient appointments to maintain con-
tinuing familiarity with immigration law and 
procedure; 
(B) there is early entry of counsel, includ-
ing representation as soon as possible in all 
proceedings described in section 292 of the Im-
migration 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 De-
fender Organizations and Panel Attorneys. 
SEC. 208. COMPENSATION AND REIMBURSEMENT OF EX-
PENSES OF COUNSEL. 
(a) IN GENERAL.—The Office shall establish the ap-
propriate 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 
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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 Of-
fice of the Principal Legal Advisor of U.S. Im-
migration and Customs Enforcement nearest to 
the forum in which such counsel is providing 
representation; 
(B) attorneys employed by the cor-
responding 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 au-
thorization to exceed such caps to the extent required to 
ensure effective representation. 
(c) FEES; ADDITIONAL COMPENSATION.—The Office 
shall establish— 
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(1) distinct fees to apply to counsel providing 
services in proceedings that fall within the geo-
graphic 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 attor-
neys within the geographic area in which representa-
tion will be provided under section 292 of the Immi-
gration and Nationality Act, as amended by section 
101; and 
(2) additional compensation to be paid to coun-
sel 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 fa-
cilities; and 
(C) other relevant sites where such rep-
resentation is expected to be provided. 
(d) REIMBURSEMENT FOR EXPENSES; SALARY IN-
CREASES.— 
(1) REIMBURSEMENTS.—Counsel providing rep-
resentation under section 292 of the Immigration 
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