§ 1827. — Interpreters in courts of the United States.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1827]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 119--EVIDENCE; WITNESSES
Sec. 1827. Interpreters in courts of the United States
(a) The Director of the Administrative Office of the United States
Courts shall establish a program to facilitate the use of certified and
otherwise qualified interpreters in judicial proceedings instituted by
the United States.
(b)(1) The Director shall prescribe, determine, and certify the
qualifications of persons who may serve as certified interpreters, when
the Director considers certification of interpreters to be merited, for
the hearing impaired (whether or not also speech impaired) and persons
who speak only or primarily a language other than the English language,
in judicial proceedings instituted by the United States. The Director
may certify interpreters for any language if the Director determines
that there is a need for certified interpreters in that language. Upon
the request of the Judicial Conference of the United States for
certified interpreters in a language, the Director shall certify
interpreters in that language. Upon such a request from the judicial
council of a circuit and the approval of the Judicial Conference, the
Director shall certify interpreters for that circuit in the language
requested. The judicial council of a circuit shall identify and evaluate
the needs of the districts within a circuit. The Director shall certify
interpreters based on the results of criterion-referenced performance
examinations. The Director shall issue regulations to carry out this
paragraph within 1 year after the date of the enactment of the Judicial
Improvements and Access to Justice Act.
(2) Only in a case in which no certified interpreter is reasonably
available as provided in subsection (d) of this section, including a
case in which certification of interpreters is not provided under
paragraph (1) in a particular language, may the services of otherwise
qualified interpreters be used. The Director shall provide guidelines to
the courts for the selection of otherwise qualified interpreters, in
order to ensure that the highest standards of accuracy are maintained in
all judicial proceedings subject to the provisions of this chapter.
(3) The Director shall maintain a current master list of all
certified interpreters and otherwise qualified interpreters and shall
report periodically on the use and performance of both certified and
otherwise qualified interpreters in judicial proceedings instituted by
the United States and on the languages for which interpreters have been
certified. The Director shall prescribe, subject to periodic review, a
schedule of reasonable fees for services rendered by interpreters,
certified or otherwise, used in proceedings instituted by the United
States, and in doing so shall consider the prevailing rate of
compensation for comparable service in other governmental entities.
(c)(1) Each United States district court shall maintain on file in
the office of the clerk, and each United States attorney shall maintain
on file, a list of all persons who have been certified as interpreters
by the Director in accordance with subsection (b) of this section. The
clerk shall make the list of certified interpreters for judicial
proceeding available upon request.
(2) The clerk of the court, or other court employee designated by
the chief judge, shall be responsible for securing the services of
certified interpreters and otherwise qualified interpreters required for
proceedings initiated by the United States, except that the United
States attorney is responsible for securing the services of such
interpreters for governmental witnesses.
(d)(1) The presiding judicial officer, with the assistance of the
Director of the Administrative Office of the United States Courts, shall
utilize the services of the most available certified interpreter, or
when no certified interpreter is reasonably available, as determined by
the presiding judicial officer, the services of an otherwise qualified
interpreter, in judicial proceedings instituted by the United States, if
the presiding judicial officer determines on such officer's own motion
or on the motion of a party that such party (including a defendant in a
criminal case), or a witness who may present testimony in such judicial
proceedings--
(A) speaks only or primarily a language other than the English
language; or
(B) suffers from a hearing impairment (whether or not suffering
also from a speech impairment)
so as to inhibit such party's comprehension of the proceedings or
communication with counsel or the presiding judicial officer, or so as
to inhibit such witness' comprehension of questions and the presentation
of such testimony.
(2) Upon the motion of a party, the presiding judicial officer shall
determine whether to require the electronic sound recording of a
judicial proceeding in which an interpreter is used under this section.
In making this determination, the presiding judicial officer shall
consider, among other things, the qualifications of the interpreter and
prior experience in interpretation of court proceedings; whether the
language to be interpreted is not one of the languages for which the
Director has certified interpreters, and the complexity or length of the
proceeding. In a grand jury proceeding, upon the motion of the accused,
the presiding judicial officer shall require the electronic sound
recording of the portion of the proceeding in which an interpreter is
used.
(e)(1) If any interpreter is unable to communicate effectively with
the presiding judicial officer, the United States attorney, a party
(including a defendant in a criminal case), or a witness, the presiding
judicial officer shall dismiss such interpreter and obtain the services
of another interpreter in accordance with this section.
(2) In any judicial proceedings instituted by the United States, if
the presiding judicial officer does not appoint an interpreter under
subsection (d) of this section, an individual requiring the services of
an interpreter may seek assistance of the clerk of court or the Director
of the Administrative Office of the United States Courts in obtaining
the assistance of a certified interpreter.
(f)(1) Any individual other than a witness who is entitled to
interpretation under subsection (d) of this section may waive such
interpretation in whole or in part. Such a waiver shall be effective
only if approved by the presiding judicial officer and made expressly by
such individual on the record after opportunity to consult with counsel
and after the presiding judicial officer has explained to such
individual, utilizing the services of the most available certified
interpreter, or when no certified interpreter is reasonably available,
as determined by the presiding judicial officer, the services of an
otherwise competent interpreter, the nature and effect of the waiver.
(2) An individual who waives under paragraph (1) of this subsection
the right to an interpreter may utilize the services of a noncertified
interpreter of such individual's choice whose fees, expenses, and costs
shall be paid in the manner provided for the payment of such fees,
expenses, and costs of an interpreter appointed under subsection (d) of
this section.
(g)(1) There are authorized to be appropriated to the Federal
judiciary, and to be paid by the Director of the Administrative Office
of the United States Courts, such sums as may be necessary to establish
a program to facilitate the use of certified and otherwise qualified
interpreters, and otherwise fulfill the provisions of this section and
the Judicial Improvements and Access to Justice Act, except as provided
in paragraph (3).
(2) Implementation of the provisions of this section is contingent
upon the availability of appropriated funds to carry out the purposes of
this section.
(3) Such salaries, fees, expenses, and costs that are incurred with
respect to Government witnesses (including for grand jury proceedings)
shall, unless direction is made under paragraph (4), be paid by the
Attorney General from sums appropriated to the Department of Justice.
(4) Upon the request of any person in any action for which
interpreting services established pursuant to subsection (d) are not
otherwise provided, the clerk of the court, or other court employee
designated by the chief judge, upon the request of the presiding
judicial officer, shall, where possible, make such services available to
that person on a cost-reimbursable basis, but the judicial officer may
also require the prepayment of the estimated expenses of providing such
services.
(5) If the Director of the Administrative Office of the United
States Courts finds it necessary to develop and administer criterion-
referenced performance examinations for purposes of certification, or
other examinations for the selection of otherwise qualified
interpreters, the Director may prescribe for each examination a uniform
fee for applicants to take such examination. In determining the rate of
the fee for each examination, the Director shall consider the fees
charged by other organizations for examinations that are similar in
scope or nature. Notwithstanding section 3302(b) of title 31, the
Director is authorized to provide in any contract or agreement for the
development or administration of examinations and the collection of fees
that the contractor may retain all or a portion of the fees in payment
for the services. Notwithstanding paragraph (6) of this subsection, all
fees collected after the effective date of this paragraph and not
retained by a contractor shall be deposited in the fund established
under section 1931 of this title and shall remain available until
expended.
(6) Any moneys collected under this subsection may be used to
reimburse the appropriations obligated and disbursed in payment for such
services.
(h) The presiding judicial officer shall approve the compensation
and expenses payable to interpreters, pursuant to the schedule of fees
prescribed by the Director under subsection (b)(3).
(i) The term ``presiding judicial officer'' as used in this section
refers to any judge of a United States district court, including a
bankruptcy judge, a United States magistrate judge, and in the case of
grand jury proceedings conducted under the auspices of the United States
attorney, a United States attorney.
(j) The term ``judicial proceedings instituted by the United
States'' as used in this section refers to all proceedings, whether
criminal or civil, including pretrial and grand jury proceedings (as
well as proceedings upon a petition for a writ of habeas corpus
initiated in the name of the United States by a relator) conducted in,
or pursuant to the lawful authority and jurisdiction of a United States
district court. The term ``United States district court'' as used in
this subsection includes any court which is created by an Act of
Congress in a territory and is invested with any jurisdiction of a
district court established by chapter 5 of this title.
(k) The interpretation provided by certified or otherwise qualified
interpreters pursuant to this section shall be in the simultaneous mode
for any party to a judicial proceeding instituted by the United States
and in the consecutive mode for witnesses, except that the presiding
judicial officer, sua sponte or on the motion of a party, may authorize
a simultaneous, or consecutive interpretation when such officer
determines after a hearing on the record that such interpretation will
aid in the efficient administration of justice. The presiding judicial
officer, on such officer's motion or on the motion of a party, may order
that special interpretation services as authorized in section 1828 of
this title be provided if such officer determines that the provision of
such services will aid in the efficient administration of justice.
(l) Notwithstanding any other provision of this section or section
1828, the presiding judicial officer may appoint a certified or
otherwise qualified sign language interpreter to provide services to a
party, witness, or other participant in a judicial proceeding, whether
or not the proceeding is instituted by the United States, if the
presiding judicial officer determines, on such officer's own motion or
on the motion of a party or other participant in the proceeding, that
such individual suffers from a hearing impairment. The presiding
judicial officer shall, subject to the availability of appropriated
funds, approve the compensation and expenses payable to sign language
interpreters appointed under this section in accordance with the
schedule of fees prescribed by the Director under subsection (b)(3) of
this section.
(Added Pub. L. 95-539, Sec. 2(a), Oct. 28, 1978, 92 Stat. 2040; amended
Pub. L. 100-702, title VII, Secs. 702-710, Nov. 19, 1988, 102 Stat.
4654-4657; Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.
5117; Pub. L. 104-317, title III, Sec. 306, title IV, Sec. 402(a), Oct.
19, 1996, 110 Stat. 3852, 3854.)
References in Text
The date of the enactment of the Judicial Improvements and Access to
Justice Act, referred to in subsec. (b)(1), is the date of enactment of
Pub. L. 100-702, which was approved Nov. 19, 1988.
The Judicial Improvements and Access to Justice Act, referred to in
subsec. (g)(1), is Pub. L. 100-702, Nov. 19, 1988, 102 Stat. 4642. For
complete classification of this Act to the Code, see Short Title note
set out under section 1 of this title and Tables.
The effective date of this paragraph, referred to in subsec. (g)(5),
is the effective date of Pub. L. 104-317, which was approved Oct. 19,
1996.
Amendments
1996--Subsec. (g)(5), (6). Pub. L. 104-317, Sec. 402(a), added par.
(5) and redesignated former par. (5) as (6).
Subsec. (l). Pub. L. 104-317, Sec. 306, added subsec. (l).
1988--Subsec. (a). Pub. L. 100-702, Sec. 702, amended subsec. (a)
generally, substituting ``certified and otherwise qualified interpreters
in judicial proceedings instituted by the United States'' for
``interpreters in courts of the United States''.
Subsec. (b). Pub. L. 100-702, Sec. 703, amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ``The
Director shall prescribe, determine, and certify the qualifications of
persons who may serve as certified interpreters in courts of the United
States in bilingual proceedings and proceedings involving the hearing
impaired (whether or not also speech impaired), and in so doing, the
Director shall consider the education, training, and experience of those
persons. The Director shall maintain a current master list of all
interpreters certified by the Director and shall report annually on the
frequency of requests for, and the use and effectiveness of,
interpreters. The Director shall prescribe a schedule of fees for
services rendered by interpreters.''
Subsec. (c). Pub. L. 100-702, Sec. 704, amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ``Each
United States district court shall maintain on file in the office of the
clerk of court a list of all persons who have been certified as
interpreters, including bilingual interpreters and oral or manual
interpreters for the hearing impaired (whether or not also speech
impaired), by the Director of the Administrative Office of the United
States Courts in accordance with the certification program established
pursuant to subsection (b) of this section.''
Subsec. (d). Pub. L. 100-702, Secs. 705, 710(a), designated existing
provisions as par. (1), in introductory provisions, substituted
``qualified interpreter'' for ``competent interpreter'', ``judicial
proceedings instituted by the United States'' for ``any criminal or
civil action initiated by the United States in a United States district
court (including a petition for a writ of habeas corpus initiated in the
name of the United States by a relator)'', and ``such judicial
proceedings'' for ``such action'', redesignated former pars. (1) and (2)
as subpars. (A) and (B), and added par. (2).
Subsec. (e)(2). Pub. L. 100-702, Sec. 710(b), substituted ``judicial
proceedings instituted by the United States'' for ``criminal or civil
action in a United States district court''.
Subsec. (g)(1) to (3). Pub. L. 100-702, Sec. 706(a), amended pars.
(1) to (3) generally. Prior to amendment, pars. (1) to (3) read as
follows:
``(1) Except as otherwise provided in this subsection or section
1828 of this title, the salaries, fees, expenses, and costs incident to
providing the services of interpreters under subsection (d) of this
section shall be paid by the Director of the Administrative Office of
the United States Courts from sums appropriated to the Federal
judiciary.
``(2) Such salaries, fees, expenses, and costs that are incurred
with respect to Government witnesses shall, unless direction is made
under paragraph (3) of this subsection, be paid by the Attorney General
from sums appropriated to the Department of Justice.
``(3) The presiding judicial officer may in such officer's
discretion direct that all or part of such salaries, fees, expenses, and
costs shall be apportioned between or among the parties or shall be
taxed as costs in a civil action.''
Subsec. (g)(4), (5). Pub. L. 100-702, Sec. 706(b), added par. (4)
and redesignated former par. (4) as (5).
Subsec. (h). Pub. L. 100-702, Sec. 707, amended subsec. (h)
generally. Prior to amendment, subsec. (h) read as follows: ``In any
action in a court of the United States where the presiding judicial
officer establishes, fixes, or approves the compensation and expenses
payable to an interpreter from funds appropriated to the Federal
judiciary, the presiding judicial officer shall not establish, fix, or
approve compensation and expenses in excess of the maximum allowable
under the schedule of fees for services prescribed pursuant to
subsection (b) of this section.''
Subsec. (i). Pub. L. 100-702, Sec. 708, amended subsec. (i)
generally. Prior to amendment, subsec. (i) read as follows: ``The term
`presiding judicial officer' as used in this section and section 1828 of
this title includes a judge of a United States district court, a United
States magistrate, and a referee in bankruptcy.''
Subsec. (j). Pub. L. 100-702, Sec. 708, amended subsec. (j)
generally. Prior to amendment, subsec. (j) read as follows: ``The term
`United States district court' as used in this section and section 1828
of this title includes any court created by Act of Congress in a
territory which is invested with any jurisdiction of a district court of
the United States established by section 132 of this title.''
Subsec. (k). Pub. L. 100-702, Sec. 709, amended subsec. (k)
generally. Prior to amendment, subsec. (k) read as follows: ``The
interpretation provided by certified interpreters pursuant to this
section shall be in the consecutive mode except that the presiding
judicial officer, with the approval of all interested parties, may
authorize a simultaneous or summary interpretation when such officer
determines that such interpretation will aid in the efficient
administration of justice. The presiding judicial officer on such
officer's motion or on the motion of a party may order that special
interpretation services as authorized in section 1828 of this title be
provided if such officer determines that the provision of such services
will aid in the efficient administration of justice.''
Change of Name
``United States magistrate judge'' substituted for ``United States
magistrate'' in subsec. (i) pursuant to section 321 of Pub. L. 101-650,
set out as a note under section 631 of this title.
Effective Date of 1988 Amendment
Section 712 of title VII of Pub. L. 100-702 provided that: ``This
title [amending this section and enacting provisions set out as notes
under this section and section 1 of this title] shall become effective
upon the date of enactment [Nov. 19, 1988].''
Effective Date
Section effective ninety days after Oct. 28, 1978, see section 10(b)
of Pub. L. 95-539, set out as an Effective Date of 1978 Amendment note
under section 602 of this title.
Short Title
For short title of Pub. L. 95-539 as ``Court Interpreters Act'', see
Short Title of 1978 Amendments note set out under section 1 of this
title.
Payment for Contactual Services
Section 402(b) of Pub. L. 104-317 provided that: ``Notwithstanding
sections 3302(b), 1341, and 1517 of title 31, United States Code, the
Director of the Administrative Office of the United States Courts may
include in any contract for the development or administration of
examinations for interpreters (including such a contract entered into
before the date of the enactment of this Act [Oct. 19, 1996]) a
provision which permits the contractor to collect and retain fees in
payment for contractual services in accordance with section 1827(g)(5)
of title 28, United States Code.''
Impact on Existing Programs
Section 711 of title VII of Pub. L. 100-702 provided that: ``Nothing
in this title [amending this section and enacting provisions set out as
notes under this section and section 1 of this title] shall be construed
to terminate or diminish existing programs for the certification of
interpreters.''
Section Referred to in Other Sections
This section is referred to in section 604 of this title.
