Compensation and reimbursement of expenses of counsel

(a) In general The Office shall establish the appropriate 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 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 Office of the Principal Legal Advisor of U.S. Immigration and Customs Enforcement nearest to the forum in which such counsel is providing representation; (B) attorneys employed by the corresponding 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 authorization to exceed such caps to the extent required to ensure effective representation. (c) Fees; additional compensation The Office shall establish— (1) distinct fees to apply to counsel providing services in proceedings that fall within the geographic 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 attorneys within the geographic area in which representation will be provided under section 292 of the Immigration and Nationality Act, as amended by section 101; and (2) additional compensation to be paid to counsel 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 facilities; and (C) other relevant sites where such representation is expected to be provided. (d) Reimbursement for expenses; salary increases (1) Reimbursements Counsel providing representation under section 292 of the Immigration 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 Federal Government for expenses related to defending against malpractice claims. (2) Salary increases The Office shall establish policies and procedures governing increases in hourly rates, salaries, and fees initially determined under subsection (a) or (c). (e) 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 (c) for extended or complex representation if such excess payments are necessary to provide fair compensation for the counsel providing such representation.