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 Fed-
eral Government for expenses related to defending 
against malpractice claims. 
(2) SALARY INCREASES.—The Office shall es-
tablish policies and procedures governing increases 
in hourly rates, salaries, and fees initially deter-
mined under subsection (a) or (c). 
(e) PAYMENTS IN EXCESS OF ESTABLISHED FEES.— 
The Office shall establish policies and procedures for re-
questing and approving payments in excess of the fees es-
tablished 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 rep-
resent individuals in proceedings described in section 
292 of the Immigration and Nationality Act, as 
amended by section 101, may request approval from 
VerDate Sep 11 2014 
20:32 May 09, 2025
Jkt 059200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H3127.IH
H3127
ssavage on LAPJG3WLY3PROD with BILLS
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 pro-
vide 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 ac-
companiment to immigration court proceedings; 
(C) copying or obtaining discovery mate-
rials that are in the possession, custody, or con-
trol of the Government; or 
(D) any other services required to ensure 
effective representation or the interests of jus-
tice. 
(b) SERVICES TO BE APPROVED BY THE LOCAL 
BOARD AFTER THE FACT.— 
(1) IN GENERAL.—Counsel appointed to rep-
resent individuals in proceedings described in section 
VerDate Sep 11 2014 
20:32 May 09, 2025
Jkt 059200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H3127.IH
H3127
ssavage on LAPJG3WLY3PROD with BILLS
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 time-
ly 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 nec-
essary services is not required; and 
(2) permit counsel appointed to represent indi-
viduals in proceedings described in section 292 of 
VerDate Sep 11 2014 
20:32 May 09, 2025
Jkt 059200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H3127.IH
H3127
ssavage on LAPJG3WLY3PROD with BILLS
the Immigration and Nationality Act, as amended by 
section 101, to seek increases in funding for such 
services if counsel reasonably believes that the com-
pensation established by the Office pursuant to sub-
section (c) does not meet the parity requirement 
under such subsection. 
(e) FINANCIAL ELIGIBILITY DETERMINATIONS.— 
(1) IN GENERAL.—Private counsel for any per-
son who is financially unable to obtain services other 
than counsel necessary for representation, including 
services described in subsections (a) and (b), may re-
quest that the Local Administrator make a deter-
mination of the financial eligibility for such person 
to receive Government funding for such services. 
(2) PAYMENT.—If the Local Administrator de-
termines that a person described in paragraph (1) is 
financially unable to obtain necessary services other 
than counsel, the Local Administrator shall author-
ize payment for such services pursuant to procedures 
established by the Office. 
SEC. 
210. 
IMMIGRATION 
REPRESENTATION 
ADVISORY 
BOARD. 
(a) ESTABLISHMENT.— 
VerDate Sep 11 2014 
20:32 May 09, 2025
Jkt 059200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H3127.IH
H3127
ssavage on LAPJG3WLY3PROD with BILLS
(1) IN GENERAL.—Subject to paragraph (2), 
there is established the Immigration Representation 
Advisory Board, which shall consist of— 
(A) 1 Immigration Public Defender rep-
resentative from each region delineated pursu-
ant 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 pur-
suant 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 De-
fender Office, the relevant Local Board shall 
appoint 2 Community Defender Organization 
representatives to serve on the Immigration 
Representation Advisory Board. 
VerDate Sep 11 2014 
20:32 May 09, 2025
Jkt 059200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H3127.IH
H3127
ssavage on LAPJG3WLY3PROD with BILLS
(B) NO COMMUNITY DEFENDER ORGANIZA-
TION.—If a Local Plan does not provide for a 
contract with a Community Defender Organiza-
tion, the relevant Local Board shall appoint 2 
Immigration Public Defender Representatives 
to serve on the Immigration Representation Ad-
visory 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 ini-
tial members appointed pursuant to subsection (a) 
shall be 1 year. 
(2) MAXIMUM
CONSECUTIVE
SERVICE.—No 
member may serve on the Immigration Representa-
tion Advisory Board for more than 6 consecutive 
years. 
(3) PARTIAL TERM APPOINTMENTS.—If a mem-
ber of the Immigration Representation Advisory 
Board does not serve until the end of his or her 
term due to resignation or removal, the person ap-
pointed to replace such member shall serve for the 
remainder of such term. 
(c) COMPENSATION.—Members of the Immigration 
Representation Advisory Board shall serve without com-
VerDate Sep 11 2014 
20:32 May 09, 2025
Jkt 059200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H3127.IH
H3127
ssavage on LAPJG3WLY3PROD with BILLS
pensation, but shall be reimbursed for all actual and nec-
essary expenses reasonably incurred in the performance of 
their duties as members of the Immigration Representa-
tion Advisory Board. 
(d) GOVERNANCE; MEETINGS.—The Immigration 
Representation Advisory Board shall— 
(1) establish bylaws; 
(2) select a chairperson from among its mem-
bers; 
(3) appoint other such officers as it deems nec-
essary; 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 appro-
priated to the Office of Immigration Representation, out 
of any money in the Treasury that is not otherwise appro-
priated, 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 
VerDate Sep 11 2014 
20:32 May 09, 2025
Jkt 059200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H3127.IH
H3127
ssavage on LAPJG3WLY3PROD with BILLS
292 of the Immigration and Nationality Act, as 
amended by section 101. 
(b) AVAILABILITY OF FUNDS.—If so specified in ap-
propriation Acts, amounts appropriated pursuant to sub-
section (a) shall remain available until expended. Pay-
ments 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 IMMI-
GRATION 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 immigra-
tion 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 para-
graph (2), the Office of Management and Budget 
shall calculate the prosecution-defense ratio, for pur-
poses of subsection (a), by dividing the sum appro-
priated to the Office of Immigration Representation 
account for the most recently concluded fiscal year 
VerDate Sep 11 2014 
20:32 May 09, 2025
Jkt 059200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H3127.IH
H3127
ssavage on LAPJG3WLY3PROD with BILLS
by the combined amount appropriated for such fiscal 
year for Federal immigration enforcement and pros-
ecution agencies, including amounts appropriated 
for— 
(A) U.S. Immigration and Customs En-
forcement; 
(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 prosecu-
torial 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 per-
formed by different agencies or offices in a future 
fiscal year, the Office of Management and Budget 
shall use the amount appropriated for those func-
tions in calculating the prosecution-defense ratio 
under paragraph (1). 
Æ 
VerDate Sep 11 2014 
20:32 May 09, 2025
Jkt 059200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6301
E:\BILLS\H3127.IH
H3127
ssavage on LAPJG3WLY3PROD with BILLS