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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 01/19/04 -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- -CITE- 28 USC CHAPTER 121 - JURIES; TRIAL BY JURY 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 121 - JURIES; TRIAL BY JURY -HEAD- CHAPTER 121 - JURIES; TRIAL BY JURY -MISC1- Sec. 1861. Declaration of policy. 1862. Discrimination prohibited. 1863. Plan for random jury selection. 1864. Drawing of names from the master jury wheel; completion of juror qualification form. 1865. Qualifications for jury service. 1866. Selection and summoning of jury panels. 1867. Challenging compliance with selection procedures. 1868. Maintenance and inspection of records. 1869. Definitions. 1870. Challenges. 1871. Fees. 1872. Issues of fact in Supreme Court. 1873. Admiralty and maritime cases. 1874. Actions on bonds and specialties. 1875. Protection of jurors' employment. 1876. Trial by jury in the Court of International Trade. 1877. Protection of jurors. 1878. Optional use of a one-step summoning and qualification procedure. AMENDMENTS 1992 - Pub. L. 102-572, title IV, Sec. 403(b), Oct. 29, 1992, 106 Stat. 4512, substituted "Optional" for "Experimental" in item 1878. 1988 - Pub. L. 100-702, title VIII, Sec. 805(b), Nov. 19, 1988, 102 Stat. 4659, added item 1878. 1983 - Pub. L. 97-463, Sec. 3(2), Jan. 12, 1983, 96 Stat. 2532, added item 1877. 1980 - Pub. L. 96-417, title III, Sec. 302(b), Oct. 10, 1980, 94 Stat. 1739, added item 1876. 1978 - Pub. L. 95-572, Sec. 6(a)(2), Nov. 2, 1978, 92 Stat. 2456, added item 1875. 1968 - Pub. L. 90-274, Sec. 101, Mar. 27, 1968, 82 Stat. 53, substituted "Declaration of policy" for "Qualifications" as item 1861, "Discrimination prohibited" for "Exemptions" as item 1862, "Plan for random jury selection" for "Exclusion or excuse from service" as item 1863, "Drawing of names from the master jury wheel; completion of juror qualification form" for "Manner of drawing; jury commissioners and their compensation" as item 1864, "Qualifications for jury service" for "Apportionment within district; additional jury commissioners" as item 1865, "Selection and summoning of jury panels" for "Special petit juries; talesmen from bystanders" as item 1866, "Challenging compliance with selection procedures" for "Summoning jurors" as item 1867, "Maintenance and inspection of records" for "Disqualification of marshal or deputy" as item 1868, "Definitions" for "Frequency of service" as item 1869, and reenacted items 1870-1874 without change. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 5 section 8101. -End- -CITE- 28 USC Sec. 1861 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 121 - JURIES; TRIAL BY JURY -HEAD- Sec. 1861. Declaration of policy -STATUTE- It is the policy of the United States that all litigants in Federal courts entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross section of the community in the district or division wherein the court convenes. It is further the policy of the United States that all citizens shall have the opportunity to be considered for service on grand and petit juries in the district courts of the United States, and shall have an obligation to serve as jurors when summoned for that purpose. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 951; Pub. L. 85-315, part V, Sec. 152, Sept. 9, 1957, 71 Stat. 638; Pub. L. 90-274, Sec. 101, Mar. 27, 1968, 82 Stat. 54.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Secs. 411 and 415 (Mar. 3, 1911, ch. 231, Secs. 275, 278, 38 Stat. 1164, 1165). The revised section prescribes uniform standards of qualification for jurors in Federal Courts instead of making qualifications depend upon State laws. This is in accord with proposed legislation recommended by the Judicial Conference of the United States. The last paragraph is added to exclude jurors incompetent to serve as jurors in State courts. AMENDMENTS 1968 - Pub. L. 90-274 substituted provisions declaring the policy of the United States with respect to trial by jury and the opportunity to serve on such juries for provisions setting out the required qualifications of Federal jurors, including age, citizenship, residence, freedom from conviction of certain crimes, ability to read, write, speak, and understand the English language, and capability of rendering efficient jury service. 1957 - Pub. L. 85-315 substituted "Qualifications of Federal jurors" for "Qualifications" in section catchline. Pub. L. 85-315 substituted "and who has resided for a period of one year within the judicial district" for "and resides within the judicial district", and struck out provisions which prohibited service as a grand or petit juror if a person was incompetent to serve as a grand or petit juror by the law of the State in which the district court is held. EFFECTIVE DATE OF 1968 AMENDMENT Section 104 of Pub. L. 90-274 provided that: "This Act [amending this section and sections 1821, 1862 to 1869, and 1871 of this title, repealing section 867 of Title 48, Territories and Insular Possessions, and enacting provisions set out as notes under this section] shall become effective two hundred and seventy days after the date of enactment [Mar. 27, 1968]: Provided, That this Act shall not apply in any case in which an indictment has been returned or petit jury empaneled prior to such effective date." SHORT TITLE OF 1978 AMENDMENT Pub. L. 95-572, Sec. 1, Nov. 2, 1978, 92 Stat. 2453, provided that: "This Act [enacting sections 1363 and 1875 of this title, amending sections 1863, 1865, 1866, 1869, and 1871 of this title, renumbering section 1363 (relating to construction of references to laws of the United States or Acts of Congress) as section 1364 of this title, and enacting provisions set out as a note under section 1363 of this title] may be cited as the 'Jury System Improvements Act of 1978'." SHORT TITLE Section 1 of Pub. L. 90-274 provided: "That this Act [amending this section and sections 1821, 1862 to 1869, and 1871 of this title, repealing section 867 of Title 48, Territories and Insular Possessions, and enacting provisions set out as notes under this section] may be cited as the 'Jury Selection and Service Act of 1968'." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1863, 1866, 1878 of this title. -End- -CITE- 28 USC Sec. 1862 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART V - PROCEDURE CHAPTER 121 - JURIES; TRIAL BY JURY -HEAD- Sec. 1862. Discrimination prohibited -STATUTE- No citizen shall be excluded from service as a grand or petit juror in the district courts of the United States or in the Court of International Trade on account of race, color, religion, sex, national origin, or economic status. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 952; Pub. L. 90-274, Sec. 101, Mar. 27, 1968, 82 Stat. 54; Pub. L. 96-417, title III, Sec. 302(c), Oct. 10, 1980, 94 Stat. 1739.) -MISC1- HISTORICAL AND REVISION NOTES

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