,,ii #aaith ,,congress #b;d ,session ,s4 #ecbd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #f1 #bjbf,mr4 ,schiff 7for himself1 ,mr4 ,booker1 ,mr4 ,padilla1 ,mrs4 ,gillibrand1 ,mr4 ,markey1 ,mr4 ,merkley1 ,mr4 ,wyden1 ,mr4 ,sanders1 and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to establish the right to counsel1 at ,government expense for those who cannot afford counsel1 for people facing removal4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,fairness to ,freedom ,act of #bjbf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,title ,i--,guaranteeing the right to counsel,sec4 #aja4 ,guaranteeing and expanding the right to counsel4,sec4 #ajb4 ,public charge4,title ,,ii--,office of ,immigration ,representation,sec4 #bja4 ,definitions4,sec4 #bjb4 ,establishment2 purpose2 independence4,sec4 #bjc4 ,board of ,directors4,sec4 #bjd4 ,director4,sec4 #bje4 ,employees4,sec4 #bjf4 ,local immigration representation boards4,sec4 #bjg4 ,types of immigration defenders4,sec4 #bjh4 ,compensation and reimbursement of expenses of counsel4,sec4 #bji4 ,services other than counsel4,sec4 #baj4 ,immigration ,representation ,advisory ,board4,title ,,iii--,authorization of appropriations,sec4 #cja4 ,authorization of appropriations4,sec4 #cjb4 ,minimum funding for the ,office of ,immigration ,representation4 ,i ,guaranteeing the right to counsel #aja4 ,guaranteeing and expanding the right to counsel ,section #bib of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acfb7 is amended to read as follows3 #bib4 ,right to counsel 7a7 ,in general ,any individual in any removal1 exclusion1 deportation1 bond1 or expedited removal proceeding under section #bab7;d77#e77;,a71 #bce7;b77#a77;,b71 #bcf1 #bch1 #bdj1 or #bda1 or in any matter related to any such proceeding before ,u4,s4 ,citizenship and ,immigration ,services1 any ,state court1 or any court created under article ,,iii of the ,constitution of the ,united ,states1 any individual who is financially unable to obtain representation subject to such proceeding shall be entitled to legal representation at ,government expense in accordance with this section4 7b7 ,matters included ,proceedings and matters referred to in subsection 7a7 shall include-- 7#a7 petitions for a writ of habeas corpus under section #bbda of title #bh1 ,united ,states ,code1 or any other similar proceeding2 7#b7 administrative and judicial proceedings for individuals who may be eligible for special immigrant juvenile status under section #aja7;a77#bg77;,j77ii72 7#c7 applications before ,u4,s4 ,citizenship and ,immigration ,services related to relief from removal2 7#d7 post-conviction relief in criminal proceedings2 and 7#e7 any other legal proceeding involving an individual described in subsection 7a7 that is related to such individual's legal status in the ,united ,states4 7c7 ,scope of counsel 7#a7 ,advocacy ,consistent with ,rule #a4c of the ,american ,bar ,association's ,model ,rules of ,professional ,conduct1 attorneys and other persons providing representation to individuals in proceedings or matters described in subsection 7a7 shall-- 7,a7 act with reasonable diligence1 promptness1 commitment1 and dedication to the interests of the client and with zeal in advocating on the client's behalf2 and 7,b7 hold the ,federal ,government to its burden by presenting the fullest defense possible in each such proceeding or matter4 7#b7 ,scope of representation ,representation under this section shall include-- 7,a7 counsel and interpretation and translation services2 and 7,b7 any other services that are necessary for effective representation1 including the services described in section #bji of the ,fairness to ,freedom ,act of #bjbf4 7#c7 ,commencement of representation 7,a7 ,in general ,the right to counsel of a person detained in1 or released from1 the custody of the ,department of ,homeland ,security or the ,department of ,health and ,human ,services shall attach at the earlier of-- 7i7 the placement of such individual in the custody of either department1 regardless of whether such individual has been formally placed in a proceeding described in subsection 7a72 or 7ii7 the issuance to such individual of a ,notice to ,appear or other document initiating proceedings under section #bce1 #bch1 #bdj1 or #bda4 7,b7 ,clarification ,the appointment of counsel based on the issuance of a ,notice to ,appear shall occur regardless of whether the ,notice to ,appear has been filed with the immigration court4 ,the appointment of counsel for a detained individual shall occur as soon as possible1 but in no event later than #bd hours after such individual is taken into the custody of the ,department of ,homeland ,security4 7#d7 ,continuous representation 7,a7 ,in general ,an individual for whom counsel is appointed pursuant to this section shall be represented continuously at every stage of proceedings1 beginning with the initial appearance before any official with adjudicatory authority and including any proceedings before the ,immigration ,courts1 the ,board of ,immigration ,appeals1 ,federal district courts1 ,federal courts of appeal1 and the ,united ,states ,supreme ,court1 including ancillary matters related to the proceedings described in subsection 7a71 and ending when all such proceedings have concluded4 7,b7 ,appointment of different counsel ,if the nature of the representation needed by an individual in proceedings under this section requires the appointment of different representatives for different stages of such proceedings1 all such representatives shall comply with the minimum standards of representation described in paragraph 7#a74 7,c7 ,appointment of new counsel after relocation ,the ,office of ,immigration ,representation established under section #bjb of the ,fairness to ,freedom ,act of #bjbf shall ensure that each individual who is released from custody and moves to a ,state or municipality other than the ,state or municipality in which he or she was held in custody1 or who is transferred to a detention facility in another ,state or municipality1 is provided with counsel in the new ,state or municipality in which the individual resides or is detained4 7#e7 ,rule of construction ,this subsection shall be broadly construed to attach in any proceeding and related matter1 including any petition for review or appellate process1 request for reinterview1 request for reconsideration1 and motion to reopen1 arising from any proceeding or matter described in subsection 7a74 7d7 ,eligibility and commencement of immigration proceedings 7#a7 ,notification ,a proceeding described in subsection 7a7 may not commence until counsel has been appointed to represent the individual who is subject to such proceeding4 ,if such a proceeding commences without the appointment of counsel1 such proceeding shall be suspended until such counsel is appointed4 ,before commencing a proceeding described in subsection 7a71 the adjudicatory official1 who may be an official of ,u4,s4 ,immigration and ,customs ,enforcement or of ,u4,s4 ,customs and ,border ,protection1 under a plan approved by the ,office of ,immigration ,representation1 shall notify the individual who is subject to such proceeding that-- 7,a7 such individual has the right to be represented by counsel2 7,b7 counsel will be appointed by the ,government to represent such individual before the commencement of such proceeding1 without requiring the individual to personally sign entry of appearance of attorney forms or other documents necessary to commence representation1 if the individual-- 7i7 has not retained private counsel2 and 7ii7 is financially unable to obtain counsel2 and 7,c7 any such appointment to represent such individual will not impede the individual's ability to terminate such legal representation at any time4 7#b7 ,determination of financial ability to obtain counsel 7,a7 ,in general ,an individual shall be deemed to be financially unable to obtain counsel under paragraph 7#a77;,b77ii7 if such individual's net financial resources and income are insufficient to obtain qualified counsel4 7,b7 ,eligibility for counsel ,an individual who makes a sworn statement to the adjudicatory official referred to in subsection 7a7 that he or she is a member of a family whose income is not more than #bjj percent of the poverty line 7as defined in section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b777 is eligible for ,government-appointed counsel under this section4 7#c7 ,access to pertinent documents and information 7,a7 ,in general ,an individual described in subsection 7a7 and his or her counsel shall automatically receive a complete copy of all documents and information pertaining to such individual that are in the possession of the ,department of ,homeland ,security or the ,department of ,health and ,human ,services1 including documents obtained from other ,government agencies1 unless the disclosure of any such document or information is barred by privilege or otherwise prohibited by law4 7,b7 ,records ,not later than #g days after counsel is appointed to represent an individual under this ,act1 the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall-- 7i7 provide such individual and counsel with a complete copy of the individual's immigration file 7commonly known as the ,a-file72 and 7ii7 facilitate the provision to such individual and counsel of a copy of any ,record of ,proceeding that is in the possession of the ,department of ,homeland ,security1 the ,department of ,health and ,human ,services1 or the ,department of ,justice 7other than documents protected from disclosure under section #eeb7;b7 of title #e1 ,united ,states ,code74 7#d7 ,restriction ,a proceeding described in subsection 7a7 may not commence before the date that is #aj days after the date on which the individual1 or the individual's counsel1 has received all of the documents described in paragraph 7#c71 in order to review and assess such documents1 unless the individual or his or her counsel knowingly and voluntarily waives such restriction4 7e7 ,appointment of counsel 7#a7 ,notification requirement ,if an individual who is entitled to representation under this section is not represented by counsel1 the adjudicatory official shall-- 7,a7 notify the ,local ,administrator appointed pursuant to section #bjf7k77#c7 of the ,fairness to ,freedom ,act of #bjbf 7or the designee of the ,local ,administrator7 that such individual is not represented by counsel2 and 7,b7 advise such individual-- 7i7 of his or her right to be represented by counsel2 and 7ii7 that such counsel will be appointed1 at ,government expense1 if such person is financially unable to obtain counsel4 7#b7 ,waiver ,an individual's right to be represented by appointed counsel may only be waived by the individual-- 7,a7 in the physical presence of appointed counsel2 7,b7 if such waiver is knowing and voluntary2 and 7,c7 if the individual demonstrates that he or she-- 7i7 understands the nature of any charges and the possible defenses and outcomes2 and 7ii7 possesses the knowledge and intelligence necessary to conduct his or her own defense4 7#c7 ,appeal of waiver2 retroactive appointment ,counsel may appeal any putative waiver to the ,office of ,immigration ,representation established under section #bjb of the ,fairness to ,freedom ,act of #bjbf if counsel reasonably believes such waiver did not meet the requirements under paragraph 7#b74 ,if the ,office of ,immigration ,representation concurs with counsel's assessment1 the ,office may retroactively appoint counsel in order to include any representation furnished pursuant to the plan before such appointment4 7#d7 ,appointment of counsel ,unless an individual waives representation by counsel pursuant to paragraph 7#b71 the ,local ,administrator1 upon notification that such individual may meet the criteria for appointed counsel1 shall appoint counsel for such individual in accordance with the ,local ,plan developed pursuant to section #bjf7k77#a7 of the ,fairness to ,freedom ,act of #bjbf if the ,local ,administrator determines1 after appropriate inquiry1 that such individual is financially unable to obtain counsel4 ,an appointment under this paragraph may be made retroactively to include any representation furnished to such individual by such counsel before such appointment4 7#e7 ,appointment of separate counsel ,the ,local ,administrator shall appoint separate counsel for individuals who are subjected to the same proceeding or related proceedings if-- 7,a7 the interests of such individuals cannot1 consistent with ethical responsibilities and manageable workloads1 be properly be represented by a single counsel2 or 7,b7 the ,local ,administrator demonstrates another good cause for appointing separate counsel4 7#f7 ,consolidated cases 7,a7 ,in general ,subject to paragraph 7#e71 and except as provided in subparagraph 7,b71 if the ,attorney ,general consolidates the case of an individual for whom counsel was appointed pursuant to subsection 7a7 with the case of another individual without counsel1 the counsel appointed pursuant to subsection 7a7 shall be appointed to represent such other individual unless a conflict of interest would prevent joint representation4 7,b7 ,conflict of interest ,if a conflict of interest prevents joint representation under subparagraph 7,a71 the ,local ,administrator shall appoint separate counsel for the individuals referred to in such subparagraph unless the ,local ,administrator demonstrates that there is a good cause for not appointing separate counsel4 7#g7 ,change of financial circumstances during proceedings ,if an individual who has retained counsel becomes financially unable to pay such counsel and is eligible for appointed counsel under this section1 the ,local ,administrator may appoint counsel for such individual in accordance with this section4 7#h7 ,substitution of counsel ,the ,local ,administrator1 in the interests of justice1 upon a showing of good cause1 and consistent with ethical requirements applicable to attorneys practicing in the region1 may substitute an appointed counsel for another appointed counsel at any stage of a proceeding referred to in subsection 7a74 7f7 ,access to counsel 7#a7 ,in general ,if an individual is subject to a proceeding described in subsection 7a71 or to detention or inspection at a port of entry1 ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 or the ,office of ,refugee ,resettlement1 as appropriate1 shall-- 7,a7 facilitate access for such individual to counsel without requiring such individual personally sign entry of appearance and attorney forms or other documents necessary to commence representation2 and 7,b7 ensure that counsel appointed under this section is permitted to meet in person with such individual in a confidential1 private setting when requested during the first #ab hours the individual is detained and as soon as practicable after subsequent meeting requests4 7#b7 ,alternative meeting options ,if counsel appointed pursuant to this section cannot personally meet with an individual described in paragraph 7#a7 to whom such counsel was appointed to represent1 ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 or the ,office of ,refugee ,resettlement1 as appropriate1 at the request of such individual or the counsel of the individual1 shall provide alternative options through which counsel may communicate with such individual remotely in a confidential1 private manner during the first #ab hours such individual is detained and as soon as practicable after subsequent meeting requests4 7#c7 ,effect of failure to provide timely access to counsel ,if ,u4,s4 ,customs and ,border ,protection1 ,u4,s4 ,immigration and ,customs ,enforcement1 or the ,office of ,refugee ,resettlement1 as applicable1 fails to timely provide an individual with access to counsel in accordance with paragraph 7#a7 or 7#b7 no statement made by the individual before such access has been made available may be introduced into evidence against the respondent except on a motion by the appointed counsel1 and appointed counsel shall be entitled to a continuance in the proceedings giving rise to the appointment of such counsel4 7#d7 ,limitation ,any individual held or detained at a port of entry may not submit a valid ,record of ,abandonment of ,lawful ,permanent ,resident ,status or ,withdrawal of ,application for ,admission if ,u4,s4 ,customs and ,border ,protection or ,u4,s4 ,immigration and ,customs ,enforcement has failed to provide such individual with access to counsel in accordance with this section4 7#e7 ,institutional hearing program ,individuals held in ,federal1 ,state1 or local criminal custody who are placed in any proceeding described in subsection 7a7 shall be ensured access to counsel consistent with the requirements of this section4 ,no statement made by the respondent before such access has been made available may be introduced into evidence against the respondent except on appointed counsel's own motion4 ,counsel shall be entitled to a continuance in the proceedings giving rise to his or her appointment4 7#f7 ,termination of proceedings ,if the ,local ,administrator fails to provide counsel to an individual in accordance with this section1 the ,secretary of ,homeland ,security or the ,attorney ,general1 as appropriate1 shall terminate any proceedings involving such individual with prejudice4 4 #ajb4 ,public charge ,seeking or receiving appointed counsel under section #bib of the ,immigration and ,nationality ,act1 as amended by section #aja1 may not be serve as the basis for any determination that the individual seeking or receiving such services is likely to become a public charge for the purposes of determining the admissibility1 removability1 excludability1 or deportability of such individual under such ,act1 or in any other proceeding in which such individual's likelihood of becoming a public charge is at issue for immigration purposes4 ,,ii ,office of ,immigration ,representation #bja4 ,definitions ,in this title3 7#a7 ,board ,the term ,board means the ,board of ,directors of the ,office4 7#b7 ,director ,the term ,director means the ,director of the ,office of ,immigration ,representation appointed pursuant to section #bjf7k77#a74 7#c7 ,immigration public defender organization ,the term ,immigration ,public ,defender ,organization means an organization established by a ,local ,board pursuant to section #bjg7;a77#a74 7#d7 ,local board ,the term ,local ,board means a local immigration representation board established within a region pursuant to section #bjf7;a74 7#e7 ,office ,the term ,office means the ,office of ,immigration ,representation established under section #bjb7;a74 #bjb4 ,establishment2 purpose2 independence 7a7 ,establishment ,there is established in the ,district of ,columbia a private nonprofit corporation1 which shall be known as the ,office of ,immigration ,representation4 7b7 ,purpose ,the purpose of the ,office shall be to ensure high-quality legal representation and related services to all individuals described in section #bib7;a7 of the ,immigration and ,nationality ,act1 as amended by section #aja1 who cannot afford representation4 7c7 ,independence ,except as otherwise provided in this ,act1 the ,office shall exercise its authority independently of any ,government official1 agency1 or department1 including the ,department of ,justice1 the ,department of ,homeland ,security1 and the ,department of ,health and ,human ,services4 #bjc4 ,board of ,directors 7a7 ,number and appointment 7#a7 ,in general ,the ,office shall be governed by a ,board of ,directors1 consisting of #bd members who shall be appointed not later than #a year after the date of the enactment of this ,act1 in accordance with paragraph 7#b74 7#b7 ,initial judicial appointments 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the chief judge of each ,united ,states ,court of ,appeals 7except for the chief judge for the ,federal ,circuit7 shall appoint #b individuals to the ,board who meet the requirements set forth in subsection 7b74 7,b7 ,staggered terms of service ,the terms of service of the members of the ,board appointed pursuant to subparagraph 7,a7 shall be staggered so that-- 7i7 #f members serve an initial term of #a year2 7ii7 #f members serve an initial term of #b years2 7iii7 #f members serve an initial term of #c years2 and 7iv7 #f members serve an initial term of #d years4 7,c7 ,circuits 7i7 ,eastern circuits ,the chief judge of the #ast1 #bnd1 #crd1 #dth1 #aath1 and ,,dc ,circuit ,courts of ,appeals shall each appoint #a individual to serve an initial term of #a year and #a individual to serve an initial term of #d years4 7ii7 ,remaining circuits ,the chief judge of the #eth1 #fth1 #gth1 #hth1 #ith1 and #ajth ,circuit ,courts of ,appeals shall each appoint #a individual to serve an initial term of #b years and #a individual to serve an initial term of #c years4 7#c7 ,immigration representation advisory board appointments 7,a7 ,initial appointments ,upon the expiration of the initial term of the #f members of the ,board who were appointed to #a-year terms pursuant to paragraph 7#b77;,b77i71 the ,immigration ,representation ,advisory ,board established under section #baj shall appoint to #d-year terms-- 7i7 #f members of the ,board2 7ii7 an ,immigration ,public ,defender1 who shall serve as a nonvoting1 ex-officio member of the ,board2 and 7iii7 a ,panel ,attorney1 who shall serve as a nonvoting1 ex-officio member of the ,board4 7,b7 ,subsequent appointments ,upon the expiration of the initial term of the #f members of the ,board who were appointed to #b-year terms pursuant to paragraph 7#b77;,b77ii71 the ,immigration ,representation ,advisory ,board established under section #baj shall appoint #f members of the ,board to #d-year terms4 ,the ,immigration ,representation ,advisory ,board shall also appoint individuals to replace any member of the ,board who had been appointed by the ,immigration ,representation ,advisory ,board1 upon the expiration of such member's term4 7#d7 ,subsequent judicial appointments 7,a7 ,in general ,upon the expiration of the term of any member of the ,board appointed by a chief judge to a #c-year or #d-year term1 the chief judge shall appoint an individual to the ,board from a list of #e qualified individuals nominated1 by majority vote1 by a committee consisting of-- 7i7 the head of each ,immigration ,public ,defender ,organization that is headquartered within the corresponding circuit2 7ii7 the head of each community defender office that is headquartered within the corresponding circuit2 and 7iii7 panel attorney representatives within the corresponding circuit4 7,b7 ,failure to produce list ,if a committee described in subparagraph 7,a7 based in any circuit does not provide a list of #e ,board nominees to the chief judge of the corresponding circuit before the date that is #cj days after the expiration of the term of service of a member of the ,board representing such circuit1 the chief judge of such circuit may appoint an individual to replace such member of the ,board without regard to nominations4 7b7 ,restrictions on membership 7#a7 ,qualifications ,each individual appointed to the ,board pursuant to subsection 7a7-- 7,a7 shall be nonpartisan2 7,b7 shall have significant experience representing persons in proceedings described in section #bib7;a7 of the ,immigration and ,nationality ,act1 as amended by section #aja of this ,act2 and 7,c7 shall have demonstrated a strong commitment to representation in indigent defense matters4 7#b7 ,diversity ,in making appointments to the ,board pursuant to subsection 7a71 chief judges and the ,immigration ,representation ,advisory ,board shall seek to appoint individuals1 in the aggregate1 who reflect the characteristics of the population represented by counsel appointed pursuant section #bib of the ,immigration and ,nationality ,act1 including the characteristics of race1 gender identity1 sexual orientation1 immigration experience1 and socioeconomic background4 7#c7 ,disqualifying characteristics ,a member of the ,board1 while serving in such capacity1 may not be-- 7,a7 an employee of the ,office1 a member of a ,local ,board1 an ,immigration ,public ,defender ,organization1 or a ,community ,defender ,office1 or a ,panel ,attorney1 unless he or she is serving as an ex-officio member of the ,board2 7,b7 a judge or employee of any ,federal or ,state court1 any immigration court1 or the ,board of ,immigration ,appeals2 or 7,c7 a prosecutor or law enforcement officer or employee thereof1 or any person who has served in such a position during the #c-year period immediately preceding his or her appointment to the ,board4 7c7 ,term of membership 7#a7 ,maximum length of service ,no member of the ,board may serve more than #b terms1 except that a person who was appointed to serve a #a-year term may be appointed to #b additional #d-year terms4 7#b7 ,replacement members ,a person who is appointed to replace a member who resigned or was removed-- 7,a7 shall serve the remainder of the term of such member2 and 7,b7 may be appointed to serve up to #b additional #d-year terms4 7d7 ,vacancies 7#a7 ,members selected by a chief judge ,not later than #ij days after the creation of a vacancy arising from a ,board member position selected by a chief judge1 the committee described in subsection 7a77#b77;,a7 from the corresponding circuit shall submit a list of #e qualified nominees to such chief judge1 who shall appoint #a of such nominees as the new member of the ,board4 7#b7 ,failure to produce list ,if the committee fails to submit the list required under paragraph 7#a7 before the deadline1 the chief judge may make a selection without regard to nominations4 7#c7 ,members selected by the immigration representation advisory board ,not later than #ij days after the creation of a vacancy arising from a ,board member position selected by the ,immigration ,representation ,advisory ,board1 the ,immigration ,representation ,advisory ,board shall appoint a new member of the ,board to fill such vacancy4 7e7 ,rates of pay2 travel expenses 7#a7 ,rates of pay ,members of the ,board shall be paid for their services on the ,board at a rate not to exceed the daily rate at which judges of the ,united ,states courts of appeals are compensated4 ,no member may be paid for more than #ij days in any calendar year4 7#b7 ,travel expenses ,each member of the ,board shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7f7 ,chairperson ,the ,chairperson of the ,board shall be elected by the members of the ,board and shall serve for a #b-year term1 which may be renewed once by the ,board for an additional #b-year term4 7g7 ,removal of members ,the members of the ,board1 by a vote of #ac members1 may remove a member from the ,board for-- 7#a7 malfeasance in office2 7#b7 persistent neglect of1 or inability to discharge1 ,board duties2 or 7#c7 conduct unbecoming of a member of the ,board4 7h7 ,quorum ,a quorum for purposes of conducting ,board business shall be a majority of the members of the ,board presently serving4 7i7 ,voting ,all members of the ,board are entitled to vote on any matters coming before the ,board unless otherwise provided by rules adopted by the ,board concerning voting on matters in which a member has1 or appears to have1 a financial or other personal interest4 7j7 ,bylaws ,the ,board shall adopt bylaws governing the operation of the ,board1 which may include provisions authorizing other officers of the ,board and governing proxy voting1 telephonic and video meetings1 and the appointment of committees4 7k7 ,duties of the ,board ,the ,board shall-- 7#a7 appoint a ,director of the ,office not later than #fj days after the establishment of the ,board who-- 7,a7 shall be selected on the basis of training1 experience1 and other relevant qualifications2 and 7,b7 shall serve at the pleasure of the ,board2 7#b7 convene a meeting not later than #abj days after the establishment of the ,board1 and not less frequently than quarterly thereafter2 7#c7 submit appropriations requests to ,congress for the provision of legal services to individuals represented by counsel in proceedings described in section #bib7;a7 of the ,immigration and ,nationality ,act1 as amended by section #aja2 7#d7 submit an annual report to ,congress and the ,president that-- 7,a7 describes the operation of the ,office and the delivery of services required under section #bib of the ,immigration and ,nationality ,act2 and 7,b7 includes-- 7i7 the number of individuals who were provided legal services during the reporting period pursuant to such section #bib and the types of proceedings in which such people were represented2 7ii7 the custodial status of the people who were represented2 7iii7 aggregate case outcomes for the people who were represented2 and 7iv7 the status of appointments and vacancies on the ,board and the ,local ,boards2 7#e7 not less frequently than once every #g years1 complete and submit to ,congress and to the ,president a comprehensive review and evaluation of the implementation of this ,act1 including the identification of the resources needed to carry out the requirements under this ,act and the amendments made by this ,act for the foreseeable future2 7#f7 make the reports described in paragraphs 7#d7 and 7#e7 publicly available at the time they are submitted to ,congress and to the ,president2 7#g7 establish and maintain standards for the provision of representation that are consistent with appointed counsel's duty to provide representation under section #bib of the ,immigration and ,nationality ,act1 including-- 7,a7 the minimum experience1 skill1 performance1 and other qualifications for participation as appointed counsel2 7,b7 ongoing training1 professional development1 mentorship1 and supervision required to remain eligible to serve as appointed counsel under such section #bib2 7,c7 reasonable1 manageable1 and sustainable appointed counsel caseloads that are consistent with appointed counsel's primary duty to provide representation to individuals described in such section #bib2 7,d7 the elements to be evaluated during performance reviews of appointed counsel to determine whether they complied with their duty to provide representation under such section #bib2 7,e7 how to provide adequate representation of clients whose cases present conflicts of interest2 and 7,f7 ensuring continued representation in circumstances in which clients move or are transferred1 or where cases are transferred or change venue2 7#h7 evaluate plans submitted by ,local ,boards for the provision of representation of individuals before ,u4,s4 ,citizenship and ,immigration ,services in matters described in section #bib of the ,immigration and ,nationality ,act1 after taking into account the ability of such plans to provide such representation1 and approve such plans if they meet applicable requirements of law and are consistent with the policies of the ,office2 7#i7 review the implementation of plans approved by the ,board not less frequently than once every #d years to ensure that each ,local ,board complies with the plan approved by the ,board2 7#aj7 establish policies and procedures with respect to compensation rates and reimbursement of reasonable expenses for appointed counsel under such section #bib and others providing services related to such representation2 7#aa7 establish procedures to obtain investigators1 experts1 interpreters1 and other providers of defense services necessary for effective representation of individuals who are entitled to counsel under such section #bib2 7#ab7 establish procedures for the reimbursement of reasonable expenses of attorneys1 investigators1 experts1 interpreters1 and other persons providing representation and related services under such section #bib2 7#ac7 approve staffing levels and budgets for the ,immigration ,public ,defender ,organizations2 7#ad7 approve staffing levels and budgets for the ,office2 and 7#ae7 establish a mechanism for the submission1 review1 resolution1 and reporting of complaints from individuals entitled to counsel under such section #bib regarding such representation4 7l7 ,powers of the board ,the ,board is authorized-- 7#a7 to delegate any of its duties1 in whole or in part1 to the ,director1 except the duties described in paragraphs 7#a71 7#g71 7#ac7 and 7#ad7 of subsection 7k72 7#b7 to alter or revoke any such delegation to the ,director2 7#c7 to provide to ,congress information regarding the immigration system that the ,board considers relevant to the purpose of the ,office2 7#d7 to authorize studies or reports that relate to the purpose of the ,office2 7#e7 to combine ,local ,boards or divide an area served by a ,local ,board if the ,board determines that such action is necessary to carry out the purposes of this section2 7#f7 to remove1 by a vote of at least #ac members1 a member or members of a ,local ,board for malfeasance in office1 persistent neglect of or inability to discharge duties1 or conduct unbecoming of a member of the ,local ,board2 7#g7 to seek1 accept1 and use public grants1 private contributions1 and voluntary and uncompensated 7gratuitous services7 to assist the ,board in carrying out the purposes of this ,act and other services related to such purposes2 and 7#h7 to take any other action that is reasonably necessary and not inconsistent with the ,act to carry out the purposes of this ,act4 #bjd4 ,director 7a7 ,requirements ,the ,director of the ,office-- 7#a7 shall be a licensed attorney in good standing in any ,united ,states jurisdiction at the time of his or her appointment and at all times during his or her service as the ,director2 7#b7 shall be experienced in representing people in proceedings described in section #bib of the ,immigration and ,nationality ,act1 as amended by section #aja of this ,act2 and 7#c7 may not be a member of the ,board4 7b7 ,duties ,the ,director shall-- 7#a7 appoint and fix the compensation of employees of the ,office2 7#b7 establish a personnel management system for the ,office that provides for the appointment1 pay1 promotion1 and assignment of all employees on the basis of merit1 but without regard to the provisions of subchapter ,i of chapter #cc of title #e1 ,united ,states ,code 7relating to appointments in the competitive service71 or the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title 7relating to classification and ,general ,schedule pay rates72 7#c7 employ such personnel as may be necessary to advance the purposes of the ,office1 subject to staffing and budget approval of the ,board2 7#d7 provide an annual report to the ,board regarding the activities of the ,office2 7#e7 provide such periodic reports and work product to the ,board sufficient for the ,board to fulfill its duties under section #bjc7k72 7#f7 allocate and disburse funds appropriated for legal representation and related services in cases subject to this ,act1 in accordance with rules and procedures established by the ,board2 7#g7 enter into contracts to provide or receive services with any public or private agency1 group1 or individual2 7#h7 appoint a ,local ,administrator for each region to administer and approve1 subject to the policies established by the ,board1 the payment of funds necessary for ,panel ,attorney representation1 including ,panel ,attorney compensation1 investigators1 experts1 and other providers of representation services1 and any other necessary expenses for effective representation2 7#i7 assist the ,board in developing rules and standards for the delivery of services under this ,act2 7#aj7 coordinate the services funded by the ,office with any ,federal1 ,state1 county1 local1 or private programs established to provide legal assistance to persons in cases subject to this ,act1 who are unable to afford representation2 7#aa7 consult with professional bodies concerning improving the administration of legal representation for persons in proceedings described in section #bib7;a7 of the ,immigration and ,nationality ,act1 as amended by section #aja of this ,act2 and 7#ab7 perform such other duties that may be assigned by the ,board4 #bje4 ,employees 7a7 ,in general ,employees of the ,office shall be treated as employees of the ,federal ,government solely for purposes of-- 7#a7 subchapter #a of chapter #ha of title #e1 ,united ,states ,code 7relating to compensation for work injuries72 7#b7 chapter #hc of such title #e 7relating to retirement72 7#c7 chapter #hd of such title #e 7relating to the ,federal ,employees' ,retirement ,system72 7#d7 chapter #hg of such title #e 7relating to life insurance72 and 7#e7 chapter #hi of such title #e 7relating to health insurance74 7b7 ,employer contributions ,the ,office shall make contributions on behalf of employees of the ,office under the provisions referred to in subsection 7a7 at the same rates applicable to employees of agencies of the ,federal ,government4 7c7 ,thrift ,savings ,plan ,employees of the ,office may make an election under section #hcea or #hdcb of title #e1 ,united ,states ,code1 to participate in the ,thrift ,savings ,plan for ,federal employees4 #bjf4 ,local immigration representation boards 7a7 ,establishment ,not later than #f months after the establishment of the ,board1 the ,office shall delineate administrative regions throughout the ,united ,states and establish a local immigration representation board for each region4 7b7 ,composition of ,local ,boards 7#a7 ,in general ,subject to subsection 7c71 each ,local ,board shall consist of not fewer than #e members and not greater than #ae members1 who shall initially be selected by the ,board after consultation with stakeholders in the ,local ,board's region1 including immigration legal service providers1 community-based organizations1 and individuals who are or have been subject to proceedings described in section #bib of the ,immigration and ,nationality ,act1 as amended by section #aja4 7#b7 ,attorneys ,not fewer than #ej percent of the members of the ,local ,board selected pursuant to paragraph 7#a7 shall be-- 7,a7 licensed attorneys with experience in the practice of removal defense2 or 7,b7 employees of community-based organizations providing services to immigrants4 7#c7 ,subsequent members ,after the initial members are selected pursuant to paragraph 7#a71 each ,local ,board shall select its own members in accordance with bylaws that have been approved by the ,office4 7c7 ,qualification of members 7#a7 ,experience2 commitment ,members of a ,local ,board shall have-- 7,a7 significant experience defending cases described in section #bib of the ,immigration and ,nationality ,act1 as amended by section #aja2 and 7,b7 demonstrated a strong commitment to representation in indigent defense matters4 7#b7 ,diversity ,the composition of the ,local ,boards shall reflect the diversity of the population that counsel appointed pursuant to such section #bib are responsible for representing1 including diversity of race1 gender identity1 sexual orientation1 immigration experience1 and socioeconomic background4 7#c7 ,restrictions ,a member of a ,local ,board may not-- 7,a7 be an employee of an ,immigration ,public ,defender ,organization or a ,community ,defender ,organization with a contract to provide representation under such section #bib2 7,b7 be a member of an ,attorney ,panel referred to in section #bjg7;d72 7,c7 be a judicial officer of the ,united ,states or of a ,state1 territory1 district1 possession1 or commonwealth of the ,united ,states2 7,d7 be employed as a prosecutor1 a law enforcement official1 or a judicial official1 or by a prosecutorial or law enforcement agency2 or 7,e7 have held a position described in subparagraph 7,d7 during the #c-year period immediately preceding his or her appointment to the ,board4 7d7 ,term of members of a ,local ,board 7#a7 ,in general ,members of a ,local ,board shall serve #d-year terms1 except that the terms of the initial members shall be staggered so that the term of not more than #ej percent of the members expire during any calendar year4 7#b7 ,maximum length of service ,a person may not serve for more than #i years on a ,local ,board4 7#c7 ,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 person4 7e7 ,compensation of members of a ,local ,board 7#a7 ,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 appeals are compensated1 but may not be paid for more than #ij days of such service in any calendar year4 7#b7 ,travel expenses ,members of any ,local ,board shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7f7 ,chair of ,local ,board ,each ,local ,board shall elect a member of the ,local ,board to serve as chair for #b years1 which term shall begin on the date of election4 ,such chair may be reelected to extend such service for an additional #b-year term4 7g7 ,removal of member of ,local ,board ,each ,local ,board1 by a majority vote of the full membership1 may remove a member from the ,local ,board for-- 7#a7 malfeasance in office2 7#b7 persistent neglect of1 or inability to discharge1 ,local ,board duties2 or 7#c7 conduct unbecoming of a member of the ,local ,board4 7h7 ,quorum of ,local ,board ,a majority of the full membership of the ,local ,board shall constitute a quorum for the purpose of conducting business4 7i7 ,local ,board governance ,each ,local ,board shall adopt bylaws governing the operation of the ,local ,board1 which may include provisions authorizing other officers of the ,local ,board and proxy voting4 7j7 ,dissolution of ,local ,boards ,the ,board1 upon a #b_/c vote1 may dissolve a ,local ,board for good cause4 ,upon dissolution1 the ,office shall ensure that a new ,local ,board is established not later than #ij days of dissolution4 ,the new members of the ,local ,board shall be selected by the majority votes of the ,immigration ,public ,defenders and the ,panel ,attorney representatives of the district or districts to be served and the ,director4 7k7 ,duties of ,local ,boards 7#a7 ,local plans 7,a7 ,in general ,each ,local ,board-- 7i7 not later than #abj days after the ,local ,board is established1 shall develop and submit to the ,office for approval a ,local ,plan for the provision of representation services for the region served by the ,local ,board2 7ii7 shall implement the ,local ,plan after it has been approved by the ,office2 7iii7 may modify the ,local ,plan at any time1 subject to the approval of the ,office2 and 7iv7 shall modify the ,local ,plan if so directed by the ,office4 7,b7 ,components2 development ,each ,local ,plan developed pursuant to subparagraph 7,a7-- 7i7 shall provide for the appointment of counsel in a timely manner in accordance with this ,act2 7ii7 shall be developed in consultation with ,u4,s4 ,citizenship and ,immigration ,services to ensure that it adequately encompasses proceedings described in section #bib of the ,immigration and ,nationality ,act that are within the jurisdiction of ,u4,s4 ,citizenship and ,immigration ,services2 7iii7 shall consider the existence of any ,state1 county1 or locally funded programs providing representation to people in proceedings described in such section #bib2 7iv7 may provide grants or reimbursements to jurisdictions with programs described in clause 7iii7 that provide representation that furthers the purposes of this ,act2 7v7 shall prioritize such grants or reimbursements for ,state1 county1 and locally funded programs that provide representation to people involved in a proceeding described in such section #bib without regard to any past interaction with the immigration or criminal legal systems2 7vi7 may1 in accordance with section #bjg-- 7,i7 establish #a or more ,immigration ,public ,defender ,organizations2 and 7,,ii7 contract with #a or more ,community ,defender ,organizations2 7vii7 shall provide for the establishment of a panel of private attorneys to provide representation under such section #bib1 in accordance with section #bjg of this ,act2 and 7viii7 shall provide a plan for holding community engagement meetings that are open to the public not less frequently than twice during each fiscal year4 7,c7 ,local plans with border-based components 7i7 ,in general ,the ,local ,plan for each region that is adjacent to the international border between the ,united ,states and ,mexico border shall provide for representation to all people subject to a proceeding described in section #bib of the ,immigration and ,nationality ,act1 as amended by section #aja of this ,act4 7ii7 ,identifying counsel ,the ,local ,board of each region described in clause 7i7 may utilize the entities specified in section #bjg and ,attorney of the ,day1 attorney fellowship1 and other models-- 7,i7 to provide limited representation to people in proceedings at the border2 and 7,,ii7 to coordinate case transfers and referrals for legal representation for people who are subsequently released from1 or transferred within1 the custody of the ,department of ,homeland ,security or the ,office of ,refugee ,resettlement4 7#b7 ,appointments to immigration representation advisory board ,if a ,local ,plan does not provide for the establishment of an ,immigration ,public ,defender ,organization or contracting with a ,community ,defender ,organization in the region1 the ,local ,board shall appoint representatives to the ,immigration ,representation ,advisory ,board established under section #baj7;a74 7#c7 ,local administrator ,each ,local ,board shall appoint1 subject to the approval of the ,office1 a ,local ,administrator and such staff as may be necessary to assist the ,local ,board in administering the selection and appointment of ,panel ,attorneys4 7#d7 ,immigration public defender ,if a ,local ,plan includes the establishment of #a or more ,immigration ,public ,defender ,organizations1 the ,local ,board shall-- 7,a7 select #a or more ,immigration ,public ,defenders1 who shall serve in accordance with section #bjg7;b71 for the region or a portion of the region that will be served by the ,local ,board2 7,b7 periodically evaluate the performance of the ,immigration ,public ,defender2 and 7,c7 submit the results of the evaluations required under subparagraph 7,b71 as directed by the ,office4 7#e7 ,duties of local administrator ,each ,local ,administrator shall-- 7,a7 review1 and certify for payment1 all vouchers received from ,panel ,attorneys to compensate them for-- 7i7 their time spent representing clients appointed to them pursuant to section #bib of the ,immigration and ,nationality ,act1 as amended by section #aja of this ,act2 and 7ii7 the costs of investigators1 experts1 interpreters1 and other providers of defense services for work performed on behalf of the ,panel ,attorneys and their clients2 7,b7 authorize reasonable expenditures for transcripts and the services of paralegals and other legal support personnel1 to the extent necessary2 7,c7 prepare1 at the direction of the ,office1 an annual budget for the provision of representation services under such section #bib1 except for representation services provided by an ,immigration ,public ,defender ,office2 7,d7 implement procedures established by the ,office1 permitting a ,panel ,attorney or other representative appointed under such section #bib to appeal a decision of the ,local ,administrator concerning compensation or reimbursement2 and 7,e7 perform other duties related to the authorization1 payment1 and budgeting of expenses related to ,panel ,attorneys1 as assigned by the ,director4 7#f7 ,representation of financially eligible persons ,the ,local ,board shall establish procedures for the appointment of counsel for any person who-- 7,a7 is subject to a proceeding described in section #bib of the ,immigration and ,nationality ,act1 as amended by section #aja2 and 7,b7 is financially unable to obtain high-quality representation4 #bjg4 ,types of immigration defenders 7a7 ,in general ,to ensure representation of all eligible persons in proceedings described in section #bib of the ,immigration and ,nationality ,act1 as amended by section #aja1 the ,local ,board may-- 7#a7 establish #a or more ,immigration ,public ,defender ,organizations in the region comprising the ,local ,board's jurisdiction2 7#b7 contract with existing ,community ,defender ,organizations2 and 7#c7 establish a ,panel ,attorney system4 7b7 ,immigration public defender 7#a7 ,in general ,an ,immigration ,public ,defender ,organization shall consist of #a or more full-time salaried attorneys4 ,each ,immigration ,public ,defender ,organization shall be supervised by an ,immigration ,public ,defender appointed by the ,local ,board that established the organization1 subject to the approval of the ,office and without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service4 7#b7 ,removal 7,a7 ,in general ,the ,immigration ,public ,defender shall serve at the pleasure of the ,local ,board1 but may be removed by the ,director for-- 7i7 malfeasance in office2 7ii7 persistent neglect or inability to discharge the duties of an ,immigration ,public ,defender2 or 7iii7 conduct unbecoming of a representative of the ,office4 7,b7 ,nonfactors for justifying removal ,the efforts and advocacy of an ,immigration ,public ,defender to ensure that the ,office carries out its responsibilities under this ,act1 including ensuring parity of resources1 protecting counsel's duty to provide representation1 and ensuring manageable caseloads consistent with that duty1 may not serve as a basis for removal or for initiating proceedings for removal against the ,immigration ,public ,defender4 7#c7 ,continued service until appointment of successor ,upon the expiration of the term of service for which he or she was appointed1 an ,immigration ,public ,defender may continue to perform the duties of such office1 in accordance with rules established by the ,local ,board1 until the earlier of-- 7,a7 the date on which a successor is appointed2 or 7,b7 the date that is #a year after the expiration of such term4 7#d7 ,compensation ,the compensation of each ,immigration ,public ,defender shall be fixed by the ,local ,board at a rate that is comparable to-- 7,a7 the rate of compensation received by the ,principal ,legal ,advisor of ,u4,s4 ,immigration and ,customs ,enforcement who is practicing in the nearest court where representation is furnished2 or 7,b7 if more than #a court is involved1 the rate of compensation that is paid to the higher paid ,principal ,legal ,advisor in such courts4 7#e7 ,additional personnel 7,a7 ,appointments ,the ,immigration ,public ,defender1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 full-time attorneys in such number as may be approved by the ,office and other personnel in such number as may be approved by the ,office4 7,b7 ,compensation ,compensation paid to the attorneys and other personnel approved by the ,office pursuant to subparagraph 7,a7 shall be fixed by the ,immigration ,public ,defender at a rate that is comparable to-- 7i7 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 furnished2 or 7ii7 if more than #a court is involved1 the rate of compensation that is paid to the higher paid person of similar qualifications and experience in such courts4 7#f7 ,treatment as ,federal government employees ,employees of each ,immigration ,public ,defender ,organization shall be treated as employees of the ,federal ,government solely for purposes of-- 7,a7 subchapter #a of chapter #ha of title #e1 ,united ,states ,code 7relating to compensation for work injuries72 7,b7 chapter #hc of such title #e 7relating to retirement72 7,c7 chapter #hd of such title #e 7relating to the ,federal ,employees' ,retirement ,system72 7,d7 chapter #hg of such title #e 7relating to life insurance72 and 7,e7 chapter #hi of such title #e 7relating to health insurance74 7#g7 ,restriction ,an ,immigration ,public ,defender and any attorney appointed to serve in an ,immigration ,public ,defender ,organization is prohibited from engaging in the private practice of law4 7#h7 ,limited liability ,the ,office1 to the extent the ,director considers appropriate1 shall provide representation for and hold harmless1 or provide liability insurance for1 any person who is an officer or employee of an ,immigration ,public ,defender ,organization4 7#i7 ,reports ,the ,immigration ,public ,defender ,organization shall submit periodic reports of its activities and financial positions and its proposed budget to the ,local ,board1 at the times and in the form prescribed by the ,local ,board4 7c7 ,community ,defender ,organizations 7#a7 ,in general ,a ,community ,defender ,organization shall be a nonprofit legal representation service established and administered by any group authorized by the ,local ,plan to provide representation to individuals subject to proceedings described in section #bib of the ,immigration and ,nationality ,act1 as amended by section #aja4 7#b7 ,annual report ,each ,community ,defender ,organization shall submit an annual report to the ,local ,board that sets forth its activities during the previous fiscal year and the anticipated caseload and expenses for the upcoming fiscal year4 7d7 ,attorney ,panel ,each ,local ,plan developed pursuant to section #bjf7k77#a7 shall provide for-- 7#a7 the appointment of qualified private attorneys from an ,attorney ,panel within the region2 7#b7 the implementation of standards established by the ,office setting forth the minimum qualifications for ,panel ,attorneys2 and 7#c7 the establishment of a system to ensure that-- 7,a7 the number of attorneys on each ,attorney ,panel is limited to provide each attorney with sufficient appointments to maintain continuing familiarity with immigration law and procedure2 7,b7 there is early entry of counsel1 including representation as soon as possible1 in all proceedings described in section #bib7;a7 of the ,immigration and ,nationality ,act1 as amended by section #aja2 7,c7 there are adequate support services1 including training and technical support1 for members of each ,attorney ,panel for every area in the region2 7,d7 conflicts of interests are avoided2 and 7,e7 there is equal employment opportunity for the employees of ,immigration ,public ,defender ,organizations and ,panel ,attorneys4 #bjh4 ,compensation and reimbursement of expenses of counsel 7a7 ,in general ,the ,office shall establish the appropriate hourly rates and salaries to be paid to counsel appointed under each ,local ,plan1 which-- 7#a7 shall be established at levels that will ensure the provision of high-quality legal representation for all people represented in proceedings described in section #bib of the ,immigration and ,nationality ,act1 as amended by section #aja2 and 7#b7 shall be calculated to provide appointed counsel with compensation that is comparable to the compensation paid to-- 7,a7 attorneys who are employed by the ,office of the ,principal ,legal ,advisor of ,u4,s4 ,immigration and ,customs ,enforcement nearest to the forum in which such counsel is providing representation2 7,b7 attorneys employed by the corresponding ,federal prosecutor's office2 or 7,c7 any other attorney representing the ,government in connection with proceedings that are comparable to proceedings described in such section #bib4 7b7 ,use of billing caps ,if the ,office places limits on the total billing for legal representation1 the ,office shall establish policies and procedures for counsel to request authorization to exceed such caps to the extent required to ensure effective representation4 7c7 ,fees2 additional compensation ,the ,office shall establish-- 7#a7 distinct fees to apply to counsel providing services in proceedings that are conducted within the geographic jurisdiction of each of the ,united ,states courts of appeal within each region delineated by the ,office pursuant to section #bjf7;a71 after taking into account the prevailing wage rates for qualified attorneys within the geographic area in which representation will be provided under section #bib of the ,immigration and ,nationality ,act1 as amended by section #aja of this ,act2 and 7#b7 additional compensation to be paid to counsel who provide representation under such section #bib to individuals in remote and underserved areas1 after taking into account the distance from the place of business of such counsel to-- 7,a7 the immigration courts2 7,b7 facilities operated by the ,department of ,homeland ,security or the ,department of ,health and ,human ,services2 and 7,c7 other relevant sites where such representation is expected to be provided4 7d7 ,reimbursement for expenses2 salary increases 7#a7 ,reimbursements ,counsel providing representation under section #bib of the ,immigration and ,nationality ,act1 as amended by section #aja1 shall be reimbursed by the ,department of ,homeland ,security for expenses reasonably incurred in the course of such representation1 including the costs of transcripts1 but may not be reimbursed by the ,federal ,government for expenses related to defending against malpractice claims4 7#b7 ,salary increases ,the ,office shall establish policies and procedures governing increases in hourly rates1 salaries1 and fees initially determined under subsection 7a7 or 7c74 7e7 ,payments in excess of established fees ,the ,office shall establish policies and procedures for requesting and approving payments in excess of the fees established under subsection 7c7 for extended or complex representation if such excess payments are necessary to provide fair compensation for the counsel providing such representation4 #bji4 ,services other than counsel 7a7 ,services ,to be preapproved by ,local ,board 7#a7 ,in general ,counsel appointed to represent individuals in proceedings described in section #bib of the ,immigration and ,nationality ,act1 as amended by section #aja1 may request approval from the ,local ,board for investigative1 expert1 or other services necessary for such representation pursuant to procedures established by the ,board1 including services necessary to develop release plans and provide post-release services for people in the custody of the ,department of ,homeland ,security or the ,office of ,refugee ,resettlement4 7#b7 ,examples of services ,services subject to preapproval under paragraph 7#a7 may include-- 7,a7 the retention of specialized counsel in connection with ancillary matters appropriate to such proceedings2 7,b7 services and support related to mental health1 housing1 addiction1 food1 travel1 and accompaniment to immigration court proceedings2 7,c7 copying or obtaining discovery materials that are in the possession1 custody1 or control of the ,government2 or 7,d7 any other services required to ensure effective representation or the interests of justice4 7b7 ,services ,to be approved by ,local ,board after they are provided 7#a7 ,in general ,counsel appointed to represent individuals in proceedings described in section #bib of the ,immigration and ,nationality ,act1 as amended by section #aja1 may obtain1 without prior authorization1 but subject to later review by the ,local ,board1 investigative1 expert1 and other services if necessary for such representation4 7#b7 ,payment ,in the interests of justice and upon a determination by the ,local ,board that timely procurement of certain necessary services could not await prior authorization1 payment for such services may be approved by the ,local ,board after they have been obtained4 7c7 ,amount of compensation ,in determining the appropriate compensation for services other than counsel1 the ,office shall ensure that such compensation is comparable to the compensation paid to the ,government for substantially similar services4 7d7 ,policies and procedures ,the ,office shall establish policies and procedures that-- 7#a7 identify the circumstances under which-- 7,a7 payment shall be made for services other than counsel2 and 7,b7 prior authorization for certain necessary services is not required2 and 7#b7 permit counsel appointed to represent individuals in proceedings described in section #bib of the ,immigration and ,nationality ,act1 as amended by section #aja1 to seek increases in funding for such services if counsel reasonably believes that the compensation established by the ,office pursuant to subsection 7c7 does not meet the parity requirement under such subsection4 7e7 ,financial eligibility determinations 7#a7 ,in general ,private counsel for any person who is financially unable to obtain services other than counsel necessary for representation1 including services described in subsections 7a7 and 7b71 may request that the ,local ,administrator make a determination of the financial eligibility for such person to receive ,government funding for such services4 7#b7 ,payment ,if the ,local ,administrator determines a person described in paragraph 7#a7 is financially unable to obtain necessary services other than counsel1 the ,local ,administrator shall authorize payment for such services pursuant to procedures established by the ,office4 #baj4 ,immigration ,representation ,advisory ,board 7a7 ,establishment 7#a7 ,in general ,subject to paragraph 7#b71 there is established the ,immigration ,representation ,advisory ,board1 which shall consist of-- 7,a7 #a ,immigration ,public ,defender representative from each region delineated pursuant to section #bjf7;a71 who shall be selected by the ,immigration ,public ,defenders within each such region2 7,b7 #a ,community ,defender ,organization representative from each region delineated pursuant to section #bjf7;a71 who shall be selected by the ,community ,defender ,organizations within each such region2 and 7,c7 #a ,panel ,attorney representative from within the jurisdiction of each ,federal circuit court of appeals1 who shall be selected by the ,panel ,attorneys within each such circuit4 7#b7 ,alternative selection process 7,a7 ,no immigration public defender office ,if a ,local ,plan does not provide for the establishment of an ,immigration ,public ,defender ,office1 the relevant ,local ,board shall appoint #b ,community ,defender ,organization representatives to serve on the ,immigration ,representation ,advisory ,board4 7,b7 ,no community defender organization ,if a ,local ,plan does not provide for a contract with a ,community ,defender ,organization1 the relevant ,local ,board shall appoint #b ,immigration ,public ,defender ,representatives to serve on the ,immigration ,representation ,advisory ,board4 7b7 ,term of service 7#a7 ,in general ,members of the ,immigration ,representation ,advisory ,board shall serve #b-year terms1 except that the terms of #ej percent of the initial members appointed pursuant to subsection 7a7 shall be #a year4 7#b7 ,maximum consecutive service ,no member may serve on the ,immigration ,representation ,advisory ,board for more than #f consecutive years4 7#c7 ,partial term appointments ,if a member of the ,immigration ,representation ,advisory ,board does not serve until the end of his or her term due to resignation or removal1 the person appointed to replace such member shall serve for the remainder of such term4 7c7 ,compensation ,members of the ,immigration ,representation ,advisory ,board shall serve without compensation1 but shall be reimbursed for all actual and necessary expenses reasonably incurred in the performance of their duties as members of the ,immigration ,representation ,advisory ,board4 7d7 ,governance2 meetings ,the ,immigration ,representation ,advisory ,board shall-- 7#a7 establish bylaws2 7#b7 select a chairperson from among its members2 7#c7 appoint other such officers as it deems necessary2 and 7#d7 meet not less frequently than once each year4 ,,iii ,authorization of appropriations #cja4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated to the ,office of ,immigration ,representation1 out of any money in the ,treasury that is not otherwise appropriated1 such sums as may be necessary to carry out this ,act1 and the amendments made by this ,act1 including-- 7#a7 establishing and operating the ,office2 and 7#b7 providing continuing education and training of counsel providing representation under section #bib of the ,immigration and ,nationality ,act1 as amended by section #aja4 7b7 ,availability of funds ,if so specified in appropriation ,acts1 amounts appropriated pursuant to subsection 7a7 shall remain available until expended4 ,payments from such appropriations shall be made under the supervision of the ,director of the ,office of ,immigration ,representation4 #cjb4 ,minimum funding for the ,office of ,immigration ,representation 7a7 ,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 immigration enforcement and prosecution agencies and the ,office1 multiplied by the prosecution-defense ratio calculated pursuant to subsection 7b74 7b7 ,calculation of prosecution-,defense ratio 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,office of ,management and ,budget shall calculate the prosecution-defense ratio1 for purposes of subsection 7a71 by dividing the sum appropriated to the ,office of ,immigration ,representation account for the most recently concluded fiscal year by the combined amount appropriated for such fiscal year for ,federal immigration enforcement and prosecution agencies1 including amounts appropriated for-- 7,a7 ,u4,s4 ,immigration and ,customs ,enforcement2 7,b7 ,u4,s4 ,customs and ,border ,protection2 and 7,c7 the ,office of ,immigration ,litigation of the ,department of ,justice4 7#b7 ,effect of shifting prosecutorial functions ,if the law enforcement or prosecutorial functions of the agencies or offices referred to in subparagraphs 7,a7 through 7,c7 of paragraph 7#a7 on the date of the enactment of this ,act are performed by different agencies or offices in a future fiscal year1 the ,office of ,management and ,budget shall use the amount appropriated for those functions in calculating the prosecution-defense ratio under paragraph 7#a74