Services other than counsel

(a) Services To be preapproved by Local Board (1) In general Counsel appointed to represent individuals in proceedings described in section 292 of the Immigration and Nationality Act, as amended by section 101, may request approval from 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 provide 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 accompaniment to immigration court proceedings; (C) copying or obtaining discovery materials that are in the possession, custody, or control of the Government; or (D) any other services required to ensure effective representation or the interests of justice. (b) Services To be approved by Local Board after they are provided (1) In general Counsel appointed to represent individuals in proceedings described in section 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 such representation. (2) 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 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 necessary services is not required; and (2) permit counsel appointed to represent individuals in proceedings described in section 292 of the Immigration and Nationality Act, as amended by section 101, to seek increases in funding for such services if counsel reasonably believes that the compensation established by the Office pursuant to subsection (c) does not meet the parity requirement under such subsection. (e) Financial eligibility determinations (1) In general Private counsel for any person who is financially unable to obtain services other than counsel necessary for representation, including services described in subsections (a) and (b), may request that the Local Administrator make a determination of the financial eligibility for such person to receive Government funding for such services. (2) Payment If the Local Administrator determines a person described in paragraph (1) is financially unable to obtain necessary services other than counsel, the Local Administrator shall authorize payment for such services pursuant to procedures established by the Office.