An Act to provide more effectively for the use of interpreters in courts of the United States, and for other purposes.
PL 95-539 (S.1315), enacted 10/28/1978

92 STAT. 2040 
PUBLIC LAW 95-539—OCT. 28, 1978 
Public Law 95-539 
95th Congress 
An Act 
Oct. 28, 1978 
[S. 1315] 
Court 
Interpreters Act. 
28 u s e 1 note. 
28 u s e 1827. 
Annual report. 
Fee schedule. 
To provide more effectively for the use of interpreters in courts of the United 
States, and for other purposes. 
Be it enacted 'by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Court Interpreters Act". 
SEC. 2. (a) Chapter 119 of title 28, United States Code, is amended 
by adding at the end thereof the following new sections: 
"§ 1827. Interpreters in courts of the United States 
" (a) The Director of the Administrative Office of the United States 
Courts shall establish a program to facilitate the use of interpreters in 
courts of the United States. 
" (b) The Director shall prescribe, determine, and certify the quali-
fications 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 experi-
ence of those persons. The Director shall maintain a current master 
list of all interpreters certified by the Director and shall report annu-
ally on the frequency of requests for, and the use and effectiveness of, 
interpreters. The Director shall prescribe a schedule of fees for serv-
ices rendered by interpreters. 
" (c) 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. 
"(d) The presiding judicial officer, with the assistance of the Direc-
tor 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 competent inter-
preter, in 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), 
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 action— 
" (1) speaks only or primarily a language other than the English 
language;or 
" (2) suffers from a hearing impairment (whether or not suffer-
ing 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 presen-
tation of such testimony. 
PUBLIC LAW 95-539—OCT. 28, 1978 
92 STAT. 2041 
"(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 criminal or civil action in a United States district 
court, if the presiding judicial officer does not appoint an interpreter 
under subsection (d) of this section, an individual requiring the serv-
ices 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 inter-
preter, or when no certified interpreter is reasonably available, as 
determined by the presiding judicial officer, the services of an other-
wise competent interpreter, the nature and effect of the waiver. 
"(2) An individual who waives under paragraph (1) of this sub-
section the right to an interpreter may utilize the services of a non-
certified 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) 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, 
"(4) Any moneys collected under this subsection may be used to 
reimburse the appropriations obligated and disbursed in payment for 
such services. 
" (h) In any action in a court of the United States where the presid-
ing 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 allow-
able under the schedule of fees for services prescribed pursuant to sub-
section (b) of this section. 
"(i) 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. 
Waiver, approval 
and consultation. 
Salaries, fees, 
and expenses. 
Post, p. 2042. 
"Presiding 
judicial officer." 
92 STAT. 2042 
PUBLIC LAW 95-539—OCT. 28, 1978 
28 use 1828. 
Program 
establishment. 
"United States 
"(]') The term 'United States district court' as used in this section 
district court." 
and Section 1828 of this title includes any court created by Act of 
Infra. 
Congress in a territory which is invested with any jurisdiction of a 
district court of the XJnited States established by section 132 of this 
28 use 132. 
title. 
"(k) 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 author-
ize a simultaneous or summary interpretation when such officer deter-
mines 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 deter-
mines that the provision of such services will aid in the efficient admin-
istration of justice. 
"§1828. Special interpretation services 
"(a) The Director of the Administrative Office of the United States 
Courts shall establish a program for the provision of special interpreta-
tion 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 inter-
pretation services in multidefendant criminal actions and multidefend-
ant 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 pre-
siding judicial officer, may make such services available to the person 
requesting the services on a reimbursable basis at rates established 
in conformity with section 501 of the Act of August 31, 1951 (ch. 
376, title 5,65 Stat. 290; 31 U.S.C. 483a), but the Director may require 
the prepayment of the estimated expenses of providing the services 
by the person requesting them. 
Expenses. 
"(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 
judiciaiy. 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 reim-
burse 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.". 
(b) The table of sections for chapter 119 of title 28, United States 
Code, is amended by adding at the end thereof the following: 
"1827. Interpreters in courts of the United States. 
"1828. Special interpretation services.". 
-; > . . . . 
. 
PUBLIC LAW 95-539—OCT. 28, 1978 
92 STAT. 204^3 
SEC. 3. Section 604(a) of title 28, United States Code, is amended— 
(a) by striking out paragraph (10) and inserting in lieu 
thereof : 
"(10) (A) Purchase, exchange, transfer, distribute, and assign 
the custody of lawbooks, equipment, supplies, and other personal 
property for the judicial branch of Government (except the 
Supreme Court unless otherwise provided pursuant to para-
graph (17)); (B) provide or make available readily to each 
court appropriate equipment for the interpretation of proceed-
ings in accordance with section 1828 of this title; and (C) enter 
into and perform contracts and other transactions upon such 
terms as the Director may deem appropriate as may be necessary 
to the conduct of the work of the judicial branch of Government 
(except the Supreme Court unless otherwise provided pursuant 
to paragraph (17)), and contracts for nonpersonal services for 
pretrial services agencies, for the interpretation of proceedings, 
and for the provision of special interpretation services pursuant 
to section 1828 of this title may be awarded without regard to 
section 3709 of the Revised Statutes of the United States (41 
U.S.C.5);"; 
(b) by redesignating paragraph (13) as paragraph (17); and 
(c) by inserting after paragraph (12) the following new 
paragraphs: 
"(13) Pursuant to section 1827 of this title, establish a program 
for the certification and utilization of interpreters in courts of the 
United States; 
"(14) Pursuant to section 1828 of this title, establish a program 
for the provision of special interpretation services in courts of the 
United States; 
"(15)(A) In those districts where the Director considers it 
advisable based on the need for interpreters, authorize the full-
time or part-time employment by the court of certified inter-
preters; (B) where the Director considers it advisable based on 
the need for interpreters, appoint certified interpreters on a full-
time or part-time basis, for services in various courts when he 
determines that such appointments will result in the economical 
provision of interpretation services; and (C) pay out of moneys 
appropriated for the judiciary interpreters' salaries, fees, and 
expenses, and other costs which may accrue in accordance with 
the provisions of sections 1827 and 1828 of this title; 
"(16) In the Director's discretion, (A) accept and utilize volun-
tary and uncompensated (gratuitous) services, including services 
as authorized by section 3102 of title 5, United States Code; and 
(B) accept, hold, administer, and utilize gifts and bequests of 
personal property for the purpose of aiding or facilitating the 
work of the judicial branch of Government, but gifts or bequests 
of money shall be covered into the Treasury;". 
SEC. 4. Section 604 of title 28, United States Code, is amended fur-
ther by inserting after subsection (e) the following new subsections: 
"(f) The Director may make, promulgate, issue, rescind, and amend 
rules and regulations (including regulations prescribing standards of 
conduct for Administrative Office employees) as may be necessary to 
carry out the Director's functions, powers, duties, and authority. The 
Director may publish in the Federal Register such rules, regulations, 
Ante, p. 2042. 
Interpreter 
programs, 
establishment. 
Ante, p. 2040. 
Conduct 
standards, rules 
and regulations. 
Publication in 
Federal Register. 
92 STAT. 2044 
PUBLIC LAW 95-539—OCT. 28, 1978 
Exchanges or 
sales, evidence. 
Contracts. 
Compensation. 
5 use 5101 et 
seq., 5331. 
Ante, p. 2043. 
Authority 
delegations. 
Taxation of costs. 
Repeal. 
28 use 602 note. 
and notices for the judicial branch of Government as the Director 
determines to be of public interest; and the Director of the Federal 
Register hereby is authorized to accept and shall publish such 
materials. 
"(g) (1) When authorized to exchange personal property, the Direc-
tor may exchange or sell similar items and may apply the exchange 
allowance or proceeds of sale in such cases in whole or in part payment 
for the property acquired, but any transaction carried out under the 
authority of this subsection shall be evidenced in writing. 
"(2) The Director hereby is authorized to enter into contracts for 
public utility services and related terminal equipment for periods not 
exceeding ten years.". 
SEC. 5. Section 602 of title 28, United States Code, is amended to 
read as follows: 
«§602. Employees 
"(a) The Director shall appoint and fix the compensation of neces-
sary employees of the Administrative Office in accordance with the 
provisions of chapter 51 and subchapter I I I of chapter 53 of title 5, 
relating to classification and General Schedule pay rates. 
"(b) Notwithstanding any other law, the Director may appoint 
certified interpreters in accordance with section 604(a) (15) (B) of this 
title without regard to the provisions of chapter 51 and subchapter I I I 
of chapter 53 of title 5, relating to classification and General Schedule 
pay rates, but the compensation of any person appointed under this 
subsection shall not exceed the appropriate equivalent of the highest 
rate of pay payable for the highest grade established in the General 
Schedule, section 5332 of title 5. 
"(c) The Director may obtain personal services as authorized by 
section 3109 of title 5, at rates not to exceed the appropriate equivalent 
of the highest rate of pay payable for the highest grade established 
in the General Schedule, section 5332 of title 5. 
"(d) All functions of other officers and employees of the Admiriis-
trative Office and all functions of organizational units of the Admin-
istrative Office are vested in the Director. The Director may delegate 
any of the Director's functions, powers, duties, and authority (except 
the authority to promulgate rules and regulations) to such officers and 
employees of the judicial branch of Government as the Director may 
designate, and subject to such terms and conditions as the Director may 
consider appropriate; and may authorize the successive redelegation 
of such functions, powers, duties, and authority as the Director may 
deem desirable. All official acts performed by such officers and 
employees shall have the same force and effect as though performed 
by the Director in person.". 
SEC. 6. Section 603 of title 28, United States Code, is amended by 
striking out the second paragraph thereof. 
SEC. 7. Section 1920 of title 28, United States Code, is amended by 
striking out the period at the end of paragraph (5) and inserting 
a semicolon in lieu thereof and by inserting after paragraph (5) the 
following new paragraph: 
"(6) Compensation of court appointed experts, compensation 
of interpreters, and salaries, fees, expenses, and costs of special 
interpretation services imder section 1828 of this title.". 
SEC. 8. Section 5(b) of the Act of September 23, 1959 (Public Law 
86-370,73 Stat. 652), is repealed. 
PUBLIC LAW 95-539—OCT. 28, 1978 
92 STAT. 2045 
SEC. 9. There are authorized to be appropriated to the judicial Appropriation 
branch of Government such sums as may be necessary to carry out authorization, 
the amendments made by this Act. 
SEC. 10. (a) Except as provided in subsection (b), this Act shall Effective dates, 
take effect on the date of the enactment of this Act. 
28 USC 602 nc»te. 
(b) Section 2 of this Act shall take effect ninety days after the 
date of the enactment of this Act. 
SEC. 11. Any contracts entered into under this Act or any of the 28 USC 602 note, 
amendments made by this Act shall be limited to such extent or in 
such amounts as are provided in advance in appropriation Acts. 
Approved October 28, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1687 accompanying H.R. 14030 (Comm. on the Judiciary). 
SENATE REPORT No. 95-569 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 123 (1977): Nov. 4, considered and passed Senate. 
Vol. 124 (1978): Oct. 10, H.R. 14030 considered and passed House; passage 
vacated and S. 1315, amended, passed in lieu. 
Oct. 13, Senate concurred in House amendment.