Board of Directors

(a) Number and appointment (1) In general The Office shall be governed by a Board of Directors, consisting of 24 members who shall be appointed not later than 1 year after the date of the enactment of this Act, in accordance with paragraph (2). (2) Initial judicial appointments (A) In general Subject to subparagraphs (B) and (C), the chief judge of each United States Court of Appeals (except for the chief judge for the Federal Circuit) shall appoint 2 individuals to the Board who meet the requirements set forth in subsection (b). (B) Staggered terms of service The terms of service of the members of the Board appointed pursuant to subparagraph (A) shall be staggered so that— (i) 6 members serve an initial term of 1 year; (ii) 6 members serve an initial term of 2 years; (iii) 6 members serve an initial term of 3 years; and (iv) 6 members serve an initial term of 4 years. (C) Circuits (i) Eastern circuits The chief judge of the 1st, 2nd, 3rd, 4th, 11th, and DC Circuit Courts of Appeals shall each appoint 1 individual to serve an initial term of 1 year and 1 individual to serve an initial term of 4 years. (ii) Remaining circuits The chief judge of the 5th, 6th, 7th, 8th, 9th, and 10th Circuit Courts of Appeals shall each appoint 1 individual to serve an initial term of 2 years and 1 individual to serve an initial term of 3 years. (3) Immigration representation advisory board appointments (A) Initial appointments Upon the expiration of the initial term of the 6 members of the Board who were appointed to 1-year terms pursuant to paragraph (2)(B)(i), the Immigration Representation Advisory Board established under section 210 shall appoint to 4-year terms— (i) 6 members of the Board; (ii) an Immigration Public Defender, who shall serve as a nonvoting, ex-officio member of the Board; and (iii) a Panel Attorney, who shall serve as a nonvoting, ex-officio member of the Board. (B) Subsequent appointments Upon the expiration of the initial term of the 6 members of the Board who were appointed to 2-year terms pursuant to paragraph (2)(B)(ii), the Immigration Representation Advisory Board established under section 210 shall appoint 6 members of the Board to 4-year terms. 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 Board, upon the expiration of such member's term. (4) Subsequent judicial appointments (A) In general Upon the expiration of the term of any member of the Board appointed by a chief judge to a 3-year or 4-year term, the chief judge shall appoint an individual to the Board from a list of 5 qualified individuals nominated, by majority vote, by a committee consisting of— (i) the head of each Immigration Public Defender Organization that is headquartered within the corresponding circuit; (ii) the head of each community defender office that is headquartered within the corresponding circuit; and (iii) panel attorney representatives within the corresponding circuit. (B) Failure to produce list If a committee described in subparagraph (A) based in any circuit does not provide a list of 5 Board nominees to the chief judge of the corresponding circuit before the date that is 30 days after the expiration of the term of service of a member of the Board representing such circuit, the chief judge of such circuit may appoint an individual to replace such member of the Board without regard to nominations. (b) Restrictions on membership (1) Qualifications Each individual appointed to the Board pursuant to subsection (a)— (A) shall be nonpartisan; (B) shall have significant experience representing persons in proceedings described in section 292(a) of the Immigration and Nationality Act, as amended by section 101 of this Act; and (C) shall have demonstrated a strong commitment to representation in indigent defense matters. (2) Diversity In making appointments to the Board pursuant to subsection (a), chief judges and the Immigration Representation Advisory Board shall seek to appoint individuals, in the aggregate, who reflect the characteristics of the population represented by counsel appointed pursuant section 292 of the Immigration and Nationality Act, including the characteristics of race, gender identity, sexual orientation, immigration experience, and socioeconomic background. (3) Disqualifying characteristics A member of the Board, while serving in such capacity, may not be— (A) an employee of the Office, a member of a Local Board, an Immigration Public Defender Organization, or a Community Defender Office, or a Panel Attorney, unless he or she is serving as an ex-officio member of the Board; (B) a judge or employee of any Federal or State court, any immigration court, or the Board of Immigration Appeals; or (C) a prosecutor or law enforcement officer or employee thereof, or any person who has served in such a position during the 3-year period immediately preceding his or her appointment to the Board. (c) Term of membership (1) Maximum length of service No member of the Board may serve more than 2 terms, except that a person who was appointed to serve a 1-year term may be appointed to 2 additional 4-year terms. (2) Replacement members A person who is appointed to replace a member who resigned or was removed— (A) shall serve the remainder of the term of such member; and (B) may be appointed to serve up to 2 additional 4-year terms. (d) Vacancies (1) Members selected by a chief judge Not later than 90 days after the creation of a vacancy arising from a Board member position selected by a chief judge, the committee described in subsection (a)(2)(A) from the corresponding circuit shall submit a list of 5 qualified nominees to such chief judge, who shall appoint 1 of such nominees as the new member of the Board. (2) Failure to produce list If the committee fails to submit the list required under paragraph (1) before the deadline, the chief judge may make a selection without regard to nominations. (3) Members selected by the immigration representation advisory board Not later than 90 days after the creation of a vacancy arising from a Board member position selected by the Immigration Representation Advisory Board, the Immigration Representation Advisory Board shall appoint a new member of the Board to fill such vacancy. (e) Rates of pay; travel expenses (1) 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 compensated. No member may be paid for more than 90 days in any calendar year. (2) Travel expenses Each member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Chairperson The Chairperson of the Board shall be elected by the members of the Board and shall serve for a 2-year term, which may be renewed once by the Board for an additional 2-year term. (g) Removal of members The members of the Board, by a vote of 13 members, may remove a member from the Board for— (1) malfeasance in office; (2) persistent neglect of, or inability to discharge, Board duties; or (3) conduct unbecoming of a member of the Board. (h) Quorum A quorum for purposes of conducting Board business shall be a majority of the members of the Board presently serving. (i) 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 has, or appears to have, a financial or other personal interest. (j) Bylaws The Board shall adopt bylaws governing the operation of the Board, which may include provisions authorizing other officers of the Board and governing proxy voting, telephonic and video meetings, and the appointment of committees. (k) Duties of the Board The Board shall— (1) appoint a Director of the Office not later than 60 days after the establishment of the Board who— (A) shall be selected on the basis of training, experience, and other relevant qualifications; and (B) shall serve at the pleasure of the Board; (2) convene a meeting not later than 120 days after the establishment of the Board, and not less frequently than quarterly thereafter; (3) submit appropriations requests to Congress for the provision of legal services to individuals represented by counsel in proceedings described in section 292(a) of the Immigration and Nationality Act, as amended by section 101; (4) submit an annual report to Congress and the President that— (A) describes the operation of the Office and the delivery of services required under section 292 of the Immigration and Nationality Act; and (B) includes— (i) the number of individuals who were provided legal services during the reporting period pursuant to such section 292 and the types of proceedings in which such people were represented; (ii) the custodial status of the people who were represented; (iii) aggregate case outcomes for the people who were represented; and (iv) the status of appointments and vacancies on the Board and the Local Boards; (5) not less frequently than once every 7 years, complete and submit to Congress and to the President a comprehensive review and evaluation of the implementation of this Act, 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 future; (6) make the reports described in paragraphs (4) and (5) publicly available at the time they are submitted to Congress and to the President; (7) establish and maintain standards for the provision of representation that are consistent with appointed counsel’s duty to provide representation under section 292 of the Immigration and Nationality Act, including— (A) the minimum experience, skill, performance, and other qualifications for participation as appointed counsel; (B) ongoing training, professional development, mentorship, and supervision required to remain eligible to serve as appointed counsel under such section 292; (C) reasonable, manageable, and sustainable appointed counsel caseloads that are consistent with appointed counsel’s primary duty to provide representation to individuals described in such section 292; (D) 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 292; (E) how to provide adequate representation of clients whose cases present conflicts of interest; and (F) ensuring continued representation in circumstances in which clients move or are transferred, or where cases are transferred or change venue; (8) evaluate plans submitted by Local Boards for the provision of representation of individuals before U.S. Citizenship and Immigration Services in matters described in section 292 of the Immigration and Nationality Act, after taking into account the ability of such plans to provide such representation, and approve such plans if they meet applicable requirements of law and are consistent with the policies of the Office; (9) review the implementation of plans approved by the Board not less frequently than once every 4 years to ensure that each Local Board complies with the plan approved by the Board; (10) establish policies and procedures with respect to compensation rates and reimbursement of reasonable expenses for appointed counsel under such section 292 and others providing services related to such representation; (11) establish procedures to obtain investigators, experts, interpreters, and other providers of defense services necessary for effective representation of individuals who are entitled to counsel under such section 292; (12) establish procedures for the reimbursement of reasonable expenses of attorneys, investigators, experts, interpreters, and other persons providing representation and related services under such section 292; (13) approve staffing levels and budgets for the Immigration Public Defender Organizations; (14) approve staffing levels and budgets for the Office; and (15) establish a mechanism for the submission, review, resolution, and reporting of complaints from individuals entitled to counsel under such section 292 regarding such representation. (l) Powers of the board The Board is authorized— (1) to delegate any of its duties, in whole or in part, to the Director, except the duties described in paragraphs (1), (7), (13) and (14) of subsection (k); (2) to alter or revoke any such delegation to the Director; (3) to provide to Congress information regarding the immigration system that the Board considers relevant to the purpose of the Office; (4) to authorize studies or reports that relate to the purpose of the Office; (5) 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 section; (6) to remove, by a vote of at least 13 members, a member or members of a Local Board for malfeasance in office, persistent neglect of or inability to discharge duties, or conduct unbecoming of a member of the Local Board; (7) to seek, accept, and use public grants, private contributions, and voluntary and uncompensated (gratuitous services) to assist the Board in carrying out the purposes of this Act and other services related to such purposes; and (8) to take any other action that is reasonably necessary and not inconsistent with the Act to carry out the purposes of this Act.