-CITE-
    28 USC CHAPTER 119 - EVIDENCE; WITNESSES                    01/03/2007

-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      Repealed.]                                            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.

-End-

-CITE-
    28 USC Sec. 1821                                            01/03/2007

-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.

-FOOTNOTE-
    (!1) See References in Text note below.

-End-

-CITE-
    28 USC Sec. 1822                                            01/03/2007

-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                                            01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART V - PROCEDURE
    CHAPTER 119 - EVIDENCE; WITNESSES

-HEAD-
    Sec. 1823. Repealed.

-MISC1-
    [Sec. 1823. Repealed. Pub. L. 91-563, Sec. 5(a), Dec. 19, 1970, 84
      Stat. 1478].
      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                                            01/03/2007

-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                                            01/03/2007

-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.

-End-

-CITE-
    28 USC Sec. 1826                                            01/03/2007

-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).

-End-

-CITE-
    28 USC Sec. 1827                                            01/03/2007

-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 CONTRACTUAL 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."

-End-

-CITE-
    28 USC Sec. 1828                                            01/03/2007

-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.

-End-