-CITE-

28 USC CHAPTER 119 - EVIDENCE; WITNESSES 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 119 - EVIDENCE; WITNESSES

-HEAD-

CHAPTER 119 - EVIDENCE; WITNESSES

-MISC1-

Sec.

1821. Per diem and mileage generally; subsistence.

1822. Competency of interested persons; share of penalties

payable.

[1823. Repealed.]

1824. Mileage fees under summons as both witness and juror.

1825. Payment of fees.

1826. Recalcitrant witnesses.

1827. Interpreters in courts of the United States.

1828. Special interpretation services.

AMENDMENTS

1978 - Pub. L. 95-539, Sec. 2(b), Oct. 28, 1978, 92 Stat. 2042,

added items 1827 and 1828.

1970 - Pub. L. 91-563, Sec. 5(b), Dec. 19, 1970, 84 Stat. 1478,

struck out item 1823 "United States officers and employees".

Pub. L. 91-452, title III, Sec. 301(b), Oct. 15, 1970, 84 Stat.

932, added item 1826.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 11 section 503.

-End-

-CITE-

28 USC Sec. 1821 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 119 - EVIDENCE; WITNESSES

-HEAD-

Sec. 1821. Per diem and mileage generally; subsistence

-STATUTE-

(a)(1) Except as otherwise provided by law, a witness in

attendance at any court of the United States, or before a United

States Magistrate Judge, or before any person authorized to take

his deposition pursuant to any rule or order of a court of the

United States, shall be paid the fees and allowances provided by

this section.

(2) As used in this section, the term "court of the United

States" includes, in addition to the courts listed in section 451

of this title, any court created by Act of Congress in a territory

which is invested with any jurisdiction of a district court of the

United States.

(b) A witness shall be paid an attendance fee of $40 per day for

each day's attendance. A witness shall also be paid the attendance

fee for the time necessarily occupied in going to and returning

from the place of attendance at the beginning and end of such

attendance or at any time during such attendance.

(c)(1) A witness who travels by common carrier shall be paid for

the actual expenses of travel on the basis of the means of

transportation reasonably utilized and the distance necessarily

traveled to and from such witness's residence by the shortest

practical route in going to and returning from the place of

attendance. Such a witness shall utilize a common carrier at the

most economical rate reasonably available. A receipt or other

evidence of actual cost shall be furnished.

(2) A travel allowance equal to the mileage allowance which the

Administrator of General Services has prescribed, pursuant to

section 5704 of title 5, for official travel of employees of the

Federal Government shall be paid to each witness who travels by

privately owned vehicle. Computation of mileage under this

paragraph shall be made on the basis of a uniformed table of

distances adopted by the Administrator of General Services.

(3) Toll charges for toll roads, bridges, tunnels, and ferries,

taxicab fares between places of lodging and carrier terminals, and

parking fees (upon presentation of a valid parking receipt), shall

be paid in full to a witness incurring such expenses.

(4) All normal travel expenses within and outside the judicial

district shall be taxable as costs pursuant to section 1920 of this

title.

(d)(1) A subsistence allowance shall be paid to a witness when an

overnight stay is required at the place of attendance because such

place is so far removed from the residence of such witness as to

prohibit return thereto from day to day.

(2) A subsistence allowance for a witness shall be paid in an

amount not to exceed the maximum per diem allowance prescribed by

the Administrator of General Services, pursuant to section 5702(a)

of title 5, for official travel in the area of attendance by

employees of the Federal Government.

(3) A subsistence allowance for a witness attending in an area

designated by the Administrator of General Services as a high-cost

area shall be paid in an amount not to exceed the maximum actual

subsistence allowance prescribed by the Administrator, pursuant to

section 5702(c)(B) (!1) of title 5, for official travel in such

area by employees of the Federal Government.

(4) When a witness is detained pursuant to section 3144 of title

18 for want of security for his appearance, he shall be entitled

for each day of detention when not in attendance at court, in

addition to his subsistence, to the daily attendance fee provided

by subsection (b) of this section.

(e) An alien who has been paroled into the United States for

prosecution, pursuant to section 212(d)(5) of the Immigration and

Nationality Act (8 U.S.C. 1182(d)(5)), or an alien who either has

admitted belonging to a class of aliens who are deportable or has

been determined pursuant to section 240 of such Act (8 U.S.C.

1252(b)) (!1) to be deportable, shall be ineligible to receive the

fees or allowances provided by this section.

(f) Any witness who is incarcerated at the time that his or her

testimony is given (except for a witness to whom the provisions of

section 3144 of title 18 apply) may not receive fees or allowances

under this section, regardless of whether such a witness is

incarcerated at the time he or she makes a claim for fees or

allowances under this section.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 950; May 10, 1949, ch. 96, 63

Stat. 65; May 24, 1949, ch. 139, Sec. 94, 63 Stat. 103; Oct. 31,

1951, ch. 655, Sec. 51(a), 65 Stat. 727; Sept. 3, 1954, ch. 1263,

Sec. 45, 68 Stat. 1242; Aug. 1, 1956, ch. 826, 70 Stat. 798; Pub.

L. 90-274, Sec. 102(b), Mar. 27, 1968, 82 Stat. 62; Pub. L. 95-535,

Sec. 1, Oct. 27, 1978, 92 Stat. 2033; Pub. L. 101-650, title III,

Secs. 314(a), 321, Dec. 1, 1990, 104 Stat. 5115, 5117; Pub. L.

102-417, Sec. 2(a)-(c), Oct. 14, 1992, 106 Stat. 2138; Pub. L.

104-208, div. C, title III, Sec. 308(g)(5)(E), Sept. 30, 1996, 110

Stat. 3009-623.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 28, U.S.C., 1940 ed., Sec. 600c, section 1115(a)

of title 26, U.S.C., 1940, Internal Revenue Code, and section

11-1514 of the D.C. Code, 1940 ed. (R.S. Secs. 823, 848; Apr. 26,

1926, ch. 183, Sec. 3, 44 Stat. 324; May 17, 1932, ch. 190, 47

Stat. 158; June 25, 1936, ch. 804, 49 Stat. 1921; Feb. 10, 1939,

ch. 2, Sec. 1115(a), 53 Stat. 160; Dec. 24, 1942, ch. 825, Sec. 1,

56 Stat. 1088.

Section consolidates part of section 600c of title 28, U.S.C.,

1940 ed., with section 1115(a) of title 26, U.S.C., 1940 ed., and

section 11-1514 of the D.C. Code, 1940 ed.

Words "or person taking his deposition pursuant to any order of a

court of the United States" were added to cover that circumstance.

Reference in section 600c of title 28, U.S.C., 1940 ed., and

section 11-1514 of the D.C. Code, 1940 ed., to the district courts

of Hawaii, Puerto Rico and the District of Columbia, were omitted

as covered by the words "any court of the United States".

Provision of section 600c of title 28, U.S.C., 1940 ed., for

payment of witnesses is incorporated in section 1825 of this title.

Changes were made in phraseology.

SENATE REVISION AMENDMENT

By Senate amendments, all provisions relating to the Tax Court

were eliminated. Therefore, as finally enacted, section 1115(a) of

Title 26, U.S.C., Internal Revenue Code, was not one of the sources

of this section. However, no change in the text of this section was

necessary. See 80th Congress Senate Report No. 1559.

1949 ACT

This section restores certain provisions of the original statute,

R.S. Sec. 848, which were inadvertently omitted from revised title

28, U.S.C., Sec. 1821.

-REFTEXT-

REFERENCES IN TEXT

Subsection (c) of section 5702 of title 5, referred to in subsec.

(d)(3), which related to conditions under which an employee could

be reimbursed for actual and necessary expenses of official travel

when the maximum per diem allowance was less than these expenses,

was repealed, and subsec. (e) of section 5702 of title 5, was

redesignated as subsec. (c), by Pub. L. 99-234, title I, Sec. 102,

Jan. 2, 1986, 99 Stat. 1756.

Section 240 of the Immigration and Nationality Act, referred to

in subsec. (e), is classified to section 1229a of Title 8, Aliens

and Nationality.

-MISC2-

AMENDMENTS

1996 - Subsec. (e). Pub. L. 104-208 substituted "section 240" for

"section 242(b)".

1992 - Subsec. (d)(1). Pub. L. 102-417, Sec. 2(b), struck out

"(other than a witness who is incarcerated)" after "paid to a

witness".

Subsec. (d)(4). Pub. L. 102-417, Sec. 2(c), substituted "3144"

for "3149".

Subsec. (f). Pub. L. 102-417, Sec. 2(a), added subsec. (f).

1990 - Subsec. (b). Pub. L. 101-650 substituted "$40" for "$30".

1978 - Pub. L. 95-535 increased the daily witness attendance fee

from $20 to $30, substituted provisions relating to compensation

for the actual expenses of travel based on the form of

transportation used, to a travel allowance equal to the mileage

allowance under section 5704 of Title 5 for a witness travelling by

privately owned vehicle, and to tolls, taxi fares, and parking fees

for provisions that a witness would receive 10 cents per mile and

that mileage computation would be based on a uniform table of

distances regardless of the mode of travel employed, provisions

relating to a subsistence allowance in amounts not to exceed those

which Government employees receive for official travel for

provisions that such subsistence allowance would be $16 per day,

provisions relating to a witness detained for want of security for

his appearance being entitled to the daily attendance fee in

addition to subsistence for provisions that such a witness would be

entitled to $1 per day in addition to his subsistence, and inserted

provisions defining "court of the United States" and relating to

travel expenses being taxable as costs and to certain aliens being

ineligible to receive fees and allowances.

1968 - Pub. L. 90-274 increased the per diem allowance from $4 to

$20, increased the mileage allowance from 8 cents per mile to 10

cents per mile, increased the daily subsistence allowance from $8

to $16, and directed that witnesses in the district courts for the

districts of the Canal Zone, Guam, and the Virgin Islands receive

the same fees and allowances provided in this section for witnesses

in other district courts of the United States.

1956 - Act Aug. 1, 1956, substituted ", or before any person

authorized to take his deposition pursuant to any rule or order"

for "or person taking his disposition pursuant to any order",

increased the payments for mileage from 7 to 8 cents per mile and

subsistence allowance from $5 to $8 per day, and authorized the

computation of mileage on the basis of a uniform table of distances

adopted by the Attorney General.

1954 - Act Sept. 3, 1954, struck out language which had

restricted section's applicability to those depositions taken

pursuant to order of the court.

1951 - Act Oct. 31, 1951, substituted "residences" for

"residence" in that part of second sentence which precedes first

proviso.

1949 - Act May 24, 1949, inserted last par.

Act May 10, 1949, increased witnesses' fees from $2 to $4 per

day, mileage allowance from 5 cents to 7 cents a mile, subsistence

allowance from $3 to $5 per day, and inserted provisos.

-CHANGE-

CHANGE OF NAME

"United States Magistrate Judge" substituted for "United States

Magistrate" in subsec. (a)(1) pursuant to section 321 of Pub. L.

101-650, set out as a note under section 631 of this title.

-MISC3-

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-208 effective, with certain transitional

provisions, on the first day of the first month beginning more than

180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208,

set out as a note under section 1101 of Title 8, Aliens and

Nationality.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 2(d) of Pub. L. 102-417 provided that: "The amendments

made by this section [amending this section] shall be effective on

and after the date of the enactment of this act [Oct. 14, 1992] and

shall apply to any witness who testified before such date and has

not received any fee or allowance under section 1821 of title 28,

United States Code, relating to such testimony."

EFFECTIVE DATE OF 1978 AMENDMENT

Section 2 of Pub. L. 95-535 provided that: "The amendments made

by this Act [amending this section] shall take effect on October 1,

1978, or on the date of enactment [Oct. 27, 1978], whichever occurs

later."

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-274 effective 270 days after Mar. 27,

1968, except as to cases in which an indictment has been returned

or a petit jury empaneled prior to such effective date, see section

104 of Pub. L. 90-274, set out as a note under section 1861 of this

title.

PAYMENT OF FACT WITNESS FEE TO INCARCERATED PERSON PROHIBITED

Pub. L. 102-395, title I, Sec. 108, Oct. 6, 1992, 106 Stat. 1841,

provided that: "Notwithstanding 28 U.S.C. 1821, no funds

appropriated to the Department of Justice in fiscal year 1993 or

any prior fiscal year, or any other funds available from the

Treasury of the United States, shall be obligated or expended to

pay a fact witness fee to a person who is incarcerated testifying

as a fact witness in a court of the United States, as defined in 28

U.S.C. 1821(a)(2)."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 102-140, title I, Sec. 110, Oct. 28, 1991, 105 Stat. 795.

Pub. L. 102-27, title II, Sec. 102, Apr. 10, 1991, 105 Stat. 136.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 530C, 604, 2503 of this

title; title 12 section 3761; title 38 section 7253; title 42

section 15202.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

28 USC Sec. 1822 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 119 - EVIDENCE; WITNESSES

-HEAD-

Sec. 1822. Competency of interested persons; share of penalties

payable

-STATUTE-

Any person interested in a share of any fine, penalty or

forfeiture incurred under any Act of Congress, may be examined as a

witness in any proceeding for the recovery of such fine, penalty or

forfeiture by any party thereto. Such examination shall not deprive

the witness of his share.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 950.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 644 of title 18, U.S.C., 1940 ed., Criminal Code

and Criminal Procedure, R.S. Sec. 5295.

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 1823 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 119 - EVIDENCE; WITNESSES

-HEAD-

[Sec. 1823. Repealed. Pub. L. 91-563, Sec. 5(a), Dec. 19, 1970, 84

Stat. 1478]

-MISC1-

Section, acts June 25, 1948, ch. 646, 62 Stat. 950; May 24, 1949,

ch. 139, Sec. 95, 63 Stat. 103; Oct. 5, 1949, ch. 601, 63 Stat.

704; July 7, 1952, ch. 581, 66 Stat. 439; July 28, 1955, ch. 424,

Sec. 3, 69 Stat. 394, related to payment of witnesses fees to

officers and employees of the United States. See sections 5515,

5537, 5751, and 6322 of Title 5, Government Organization and

Employees.

-End-

-CITE-

28 USC Sec. 1824 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 119 - EVIDENCE; WITNESSES

-HEAD-

Sec. 1824. Mileage fees under summons as both witness and juror

-STATUTE-

No constructive or double mileage fees shall be allowed by reason

of any person being summoned both as a witness and a juror.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 951.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Sec. 602 (May 27, 1908, ch.

200, Sec. 1, 35 Stat. 377).

Words "or as a witness in two or more cases pending in the same

court and triable at the same term thereof" were omitted as covered

by section 1821 of this title.

Changes were made in phraseology.

-End-

-CITE-

28 USC Sec. 1825 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 119 - EVIDENCE; WITNESSES

-HEAD-

Sec. 1825. Payment of fees

-STATUTE-

(a) In any case in which the United States or an officer or

agency of the United States is a party, the United States marshal

for the district shall pay all fees of witnesses on the certificate

of the United States attorney or assistant United States attorney,

and in the proceedings before a United States magistrate judge, on

the certificate of such magistrate judge, except that any fees of

defense witnesses, other than experts, appearing pursuant to

subpoenas issued upon approval of the court, shall be paid by the

United States marshal for the district -

(1) on the certificate of a Federal public defender or

assistant Federal public defender, in a criminal case in which

the defendant is represented by such Federal public defender or

assistant Federal public defender, and

(2) on the certificate of the clerk of the court upon the

affidavit of such witnesses' attendance given by other counsel

appointed pursuant to section 3006A of title 18, in a criminal

case in which a defendant is represented by such other counsel.

(b) In proceedings in forma pauperis for a writ of habeas corpus,

and in proceedings in forma pauperis under section 2255 of this

title, the United States marshal for the district shall pay, on the

certificate of the district judge, all fees of witnesses for the

party authorized to proceed in forma pauperis, except that any fees

of witnesses for such party, other than experts, appearing pursuant

to subpoenas issued upon approval of the court, shall be paid by

the United States marshal for the district -

(1) on the certificate of a Federal public defender or

assistant Federal public defender, in any such proceedings in

which a party is represented by such Federal public defender or

assistant Federal public defender, and

(2) on the certificate of the clerk of the court upon the

affidavit of such witnesses' attendance given by other counsel

appointed pursuant to section 3006A of title 18, in any such

proceedings in which a party is represented by such other

counsel.

(c) Fees and mileage need not be tendered to a witness upon

service of a subpoena issued on behalf of the United States or an

officer or agency of the United States, upon service of a subpoena

issued on behalf of a defendant represented by a Federal public

defender, assistant Federal public defender, or other attorney

appointed pursuant to section 3006A of title 18, or upon service of

a subpoena issued on behalf of a party authorized to proceed in

forma pauperis, if the payment of such fees and mileage is to be

made by the United States marshal under this section.

-SOURCE-

(June 25, 1948, ch. 646, 62 Stat. 951; Pub. L. 89-162, Sept. 2,

1965, 79 Stat. 618; Pub. L. 99-651, title I, Sec. 104, Nov. 14,

1986, 100 Stat. 3645; Pub. L. 101-650, title III, Sec. 321, Dec. 1,

1990, 104 Stat. 5117.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 28, U.S.C., 1940 ed., Secs. 600c, 608 (R.S. Secs.

236, 823, 848, 855; June 10, 1921, ch. 18, Sec. 305, 42 Stat. 24;

Apr. 26, 1926, ch. 183, Sec. 3, 44 Stat. 324; May 17, 1932, ch.

190, 47 Stat. 158; June 25, 1936, ch. 804, 49 Stat. 1921; Oct. 13,

1941, ch. 431, Sec. 2, 55 Stat. 736; Dec. 24, 1942, ch. 825, Sec.

1, 56 Stat. 1088).

Section consolidates parts of sections 600c and 608 of title 28,

U.S.C., 1940 ed., relating to payment of witnesses. Other

provisions of such sections are incorporated in sections 1821 and

1871 of this title.

Provisions in sections 600c and 608 of title 28, U.S.C., 1940

ed., for payment or certification on order of court were omitted as

unnecessary and inappropriate on recommendation of the Judicial

Conference Committee on Revision of the Judicial Code.

Words in section 608 of title 28, U.S.C., 1940 ed., "to which

they appear to be entitled on the certificate of attendance"

following the words "all fees" and the concluding phrase "which sum

shall be allowed the marshal in the General Accounting Office in

his accounts were omitted as unnecessary."

The second paragraph is new. It conforms to Rule 45(e) of the

Federal Rules of Civil Procedure but is inconsistent with Rule

17(d) of the Federal Rules of Criminal Procedure and supersedes

that rule as to Federal criminal cases. The Department of Justice

suggests that Rule 17(d) is unworkable. To attempt compliance each

deputy marshal serving process must carry, on the average, $500 in

cash on trips to serve process.

The marshal must advance the money from his personal funds. The

Comptroller General has not been able to set up any procedure to

make it feasible to advance fees to Government witnesses.

If a witness is served but fails or refuses to appear, the

marshal is out of pocket the money advanced and has no recourse. In

the exceptional cases of real necessity, the marshal supplies

transportation to an indigent witness under established regulations

which protect the disbursement.

Changes were made in phraseology.

AMENDMENTS

1986 - Pub. L. 99-651 amended section generally. Prior to

amendment, section read as follows:

"In any case wherein the United States or an officer or agency

thereof, is a party, the United States marshal for the district

shall pay all fees of witnesses on the certificate of the United

States Attorney or Assistant United States Attorney, and in the

proceedings before a United States Commissioner, on the certificate

of such commissioner.

"In all proceedings, in forma pauperis, for a writ of habeas

corpus or in proceedings under section 2255 of this title, the

United States marshal for the district shall pay all fees of

witnesses for the party authorized to proceed in forma pauperis, on

the certificate of the district judge.

"Fees and mileage need not be tendered to the witness upon

service of a subpena issued in behalf of the United States or an

officer or agency thereof, or upon service of a subpena issued on

behalf of a party, authorized to proceed in forma pauperis, where

the payment thereof is to be made by the United States marshal as

authorized in this section."

1965 - Pub. L. 89-162 inserted provisions that, in all

proceedings in forma pauperis, for a writ of habeas corpus, or in

proceedings under section 2255 of this title, the United States

marshal for the district shall pay all fees of witnesses for the

party authorized to proceed in forma pauperis on the certificate of

the district judge and that fees and mileage need not be tendered

to the witness upon service of a subpena issued on behalf of a

party authorized to proceed in forma pauperis where the payment

thereof is to be made by the United States marshal as authorized in

this section.

-CHANGE-

CHANGE OF NAME

"United States magistrate judge" and "magistrate judge"

substituted for "United States magistrate" and "magistrate",

respectively, in subsec. (a) pursuant to section 321 of Pub. L.

101-650, set out as a note under this title.

-MISC2-

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-651 effective 120 days after Nov. 14,

1986, see section 105 of Pub. L. 99-651, set out as a note under

section 3006A of Title 18, Crimes and Criminal Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 567 of this title.

-End-

-CITE-

28 USC Sec. 1826 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 119 - EVIDENCE; WITNESSES

-HEAD-

Sec. 1826. Recalcitrant witnesses

-STATUTE-

(a) Whenever a witness in any proceeding before or ancillary to

any court or grand jury of the United States refuses without just

cause shown to comply with an order of the court to testify or

provide other information, including any book, paper, document,

record, recording or other material, the court, upon such refusal,

or when such refusal is duly brought to its attention, may

summarily order his confinement at a suitable place until such time

as the witness is willing to give such testimony or provide such

information. No period of such confinement shall exceed the life of

-

(1) the court proceeding, or

(2) the term of the grand jury, including extensions,

before which such refusal to comply with the court order occurred,

but in no event shall such confinement exceed eighteen months.

(b) No person confined pursuant to subsection (a) of this section

shall be admitted to bail pending the determination of an appeal

taken by him from the order for his confinement if it appears that

the appeal is frivolous or taken for delay. Any appeal from an

order of confinement under this section shall be disposed of as

soon as practicable, but not later than thirty days from the filing

of such appeal.

(c) Whoever escapes or attempts to escape from the custody of any

facility or from any place in which or to which he is confined

pursuant to this section or section 4243 of title 18, or whoever

rescues or attempts to rescue or instigates, aids, or assists the

escape or attempt to escape of such a person, shall be subject to

imprisonment for not more than three years, or a fine of not more

than $10,000, or both.

-SOURCE-

(Added Pub. L. 91-452, title III, Sec. 301(a), Oct. 15, 1970, 84

Stat. 932; amended Pub. L. 98-473, title II, Sec. 1013, Oct. 12,

1984, 98 Stat. 2142.)

-MISC1-

AMENDMENTS

1984 - Subsec. (c). Pub. L. 98-473 added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1657 of this title; title

18 section 3050.

-End-

-CITE-

28 USC Sec. 1827 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 119 - EVIDENCE; WITNESSES

-HEAD-

Sec. 1827. Interpreters in courts of the United States

-STATUTE-

(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.

-SOURCE-

(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.)

-REFTEXT-

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.

-MISC1-

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-

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.

-MISC2-

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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 604 of this title.

-End-

-CITE-

28 USC Sec. 1828 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART V - PROCEDURE

CHAPTER 119 - EVIDENCE; WITNESSES

-HEAD-

Sec. 1828. Special interpretation services

-STATUTE-

(a) The Director of the Administrative Office of the United

States Courts shall establish a program for the provision of

special interpretation services in criminal actions and in civil

actions initiated by the United States (including petitions for

writs of habeas corpus initiated in the name of the United States

by relators) in a United States district court. The program shall

provide a capacity for simultaneous interpretation services in

multidefendant criminal actions and multidefendant civil actions.

(b) Upon the request of any person in any action for which

special interpretation services established pursuant to subsection

(a) are not otherwise provided, the Director, with the approval of

the presiding judicial officer, may make such services available to

the person requesting the services on a reimbursable basis at rates

established in conformity with section 9701 of title 31, but the

Director may require the prepayment of the estimated expenses of

providing the services by the person requesting them.

(c) Except as otherwise provided in this subsection, the expenses

incident to providing services under subsection (a) of this section

shall be paid by the Director from sums appropriated to the Federal

judiciary. A presiding judicial officer, in such officer's

discretion, may order that all or part of the expenses shall be

apportioned between or among the parties or shall be taxed as costs

in a civil action, and any moneys collected as a result of such

order may be used to reimburse the appropriations obligated and

disbursed in payment for such services.

(d) Appropriations available to the Director shall be available

to provide services in accordance with subsection (b) of this

section, and moneys collected by the Director under that subsection

may be used to reimburse the appropriations charged for such

services. A presiding judicial officer, in such officer's

discretion, may order that all or part of the expenses shall be

apportioned between or among the parties or shall be taxed as costs

in the action.

-SOURCE-

(Added Pub. L. 95-539, Sec. 2(a), Oct. 28, 1978, 92 Stat. 2042;

amended Pub. L. 97-258, Sec. 3(g), Sept. 13, 1982, 96 Stat. 1065.)

-MISC1-

AMENDMENTS

1982 - Subsec. (b). Pub. L. 97-258 substituted "section 9701 of

title 31" for "section 501 of the Act of August 31, 1951 (ch. 376,

title 5, 65 Stat. 290; 31 U.S.C. 483a)".

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 604, 1827, 1920 of this

title.

-End-