S 1329 ISCommentsClose CommentsPermalink

To authorize the Attorney General to award grants to State courts to develop and implement State courts interpreter programs.CommentsClose CommentsPermalink

June 23, 2009CommentsClose CommentsPermalink

Mr. KOHL (for himself, Mr. CARDIN, Mr. DURBIN, and Mr. KENNEDY) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To authorize the Attorney General to award grants to State courts to develop and implement State courts interpreter programs.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘State Court Interpreter Grant Program Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds that--CommentsClose CommentsPermalink





(1) the fair administration of justice depends on the ability of all participants in a courtroom proceeding to understand that proceeding, regardless of their English proficiency;CommentsClose CommentsPermalink





(2) 19 percent of the population of the United States over 5 years of age speaks a language other than English at home;CommentsClose CommentsPermalink





(3) only qualified court interpreters can ensure that persons with limited English proficiency comprehend judicial proceedings in which they are a party;CommentsClose CommentsPermalink





(4) the knowledge and skills required of a qualified court interpreter differ substantially from those required in other interpretation settings, such as social service, medical, diplomatic, and conference interpreting;CommentsClose CommentsPermalink





(5) the Federal Government has demonstrated its commitment to equal administration of justice regardless of English proficiency;CommentsClose CommentsPermalink





(6) regulations implementing title VI of the Civil Rights Act of 1964, as well as the guidance issued by the Department of Justice pursuant to Executive Order 13166, issued August 11, 2000, clarify that all recipients of Federal financial assistance, including State courts, are required to take reasonable steps to provide meaningful access to their proceedings for persons with limited English proficiency;CommentsClose CommentsPermalink





(7) 40 States have developed, or are developing, qualified court interpreting programs;CommentsClose CommentsPermalink





(8) robust, effective court interpreter programs--CommentsClose CommentsPermalink





(A) actively recruit skilled individuals to be court interpreters;CommentsClose CommentsPermalink





(B) train those individuals in the interpretation of court proceedings;CommentsClose CommentsPermalink





(C) develop and use a thorough, systematic certification process for court interpreters; andCommentsClose CommentsPermalink





(D) have sufficient funding to ensure that a qualified interpreter will be available to the court whenever necessary; andCommentsClose CommentsPermalink





(9) Federal funding is necessary to--CommentsClose CommentsPermalink





(A) encourage State courts that do not have court interpreter programs to develop them;CommentsClose CommentsPermalink





(B) assist State courts with nascent court interpreter programs to implement them;CommentsClose CommentsPermalink





(C) assist State courts with limited court interpreter programs to enhance them; andCommentsClose CommentsPermalink





(D) assist State courts with robust court interpreter programs to make further improvements and share successful programs with other States.CommentsClose CommentsPermalink

SEC. 3. STATE COURT INTERPRETER PROGRAM.

(a) Grants Authorized-CommentsClose CommentsPermalink





(1) IN GENERAL- The Administrator of the Office of Justice Programs of the Department of Justice (referred to in this section as the ‘Administrator’) shall make grants, in accordance with such regulations as the Attorney General may prescribe, to State courts to develop and implement programs to assist individuals with limited English proficiency to access and understand State court proceedings in which they are a party.CommentsClose CommentsPermalink





(2) TECHNICAL ASSISTANCE- The Administrator shall allocate, for each fiscal year, $500,000 of the amount appropriated pursuant to section 4 to be used to establish a court interpreter technical assistance program to assist State courts receiving grants under this Act.CommentsClose CommentsPermalink





(b) Use of Grants- Grants awarded under subsection (a) may be used by State courts to--CommentsClose CommentsPermalink





(1) assess regional language demands;CommentsClose CommentsPermalink





(2) develop a court interpreter program for the State courts;CommentsClose CommentsPermalink





(3) develop, institute, and administer language certification examinations;CommentsClose CommentsPermalink





(4) recruit, train, and certify qualified court interpreters;CommentsClose CommentsPermalink





(5) pay for salaries, transportation, and technology necessary to implement the court interpreter program developed under paragraph (2); andCommentsClose CommentsPermalink





(6) engage in other related activities, as prescribed by the Attorney General.CommentsClose CommentsPermalink





(c) Application-CommentsClose CommentsPermalink





(1) IN GENERAL- The highest State court of each State desiring a grant under this section shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may reasonably require.CommentsClose CommentsPermalink





(2) STATE COURTS- The highest State court of each State submitting an application under paragraph (1) shall include in the application--CommentsClose CommentsPermalink





(A) a demonstration of need for the development, implementation, or expansion of a State court interpreter program;CommentsClose CommentsPermalink





(B) an identification of each State court in that State which would receive funds from the grant;CommentsClose CommentsPermalink





(C) the amount of funds each State court identified under subparagraph (B) would receive from the grant; andCommentsClose CommentsPermalink





(D) the procedures the highest State court would use to directly distribute grant funds to State courts identified under subparagraph (B).CommentsClose CommentsPermalink





(d) State Court Allotments-CommentsClose CommentsPermalink





(1) BASE ALLOTMENT- From amounts appropriated for each fiscal year pursuant to section 4, the Administrator shall allocate $100,000 to each of the highest State court of each State, which has an application approved under subsection (c).CommentsClose CommentsPermalink





(2) DISCRETIONARY ALLOTMENT- From amounts appropriated for each fiscal year pursuant to section 4, the Administrator shall allocate $5,000,000 to be distributed among the highest State courts of States which have an application approved under subsection (c), and that have extraordinary needs that are required to be addressed in order to develop, implement, or expand a State court interpreter program.CommentsClose CommentsPermalink





(3) ADDITIONAL ALLOTMENT- In addition to the allocations made under paragraphs (1) and (2), the Administrator shall allocate to each of the highest State court of each State, which has an application approved under subsection (c), an amount equal to the product reached by multiplying--CommentsClose CommentsPermalink





(A) the unallocated balance of the amount appropriated for each fiscal year pursuant to section 4; andCommentsClose CommentsPermalink





(B) the ratio between the number of people over 5 years of age who speak a language other than English at home in the State and the number of people over 5 years of age who speak a language other than English at home in all the States that receive an allocation under paragraph (1), as those numbers are determined by the Bureau of the Census.CommentsClose CommentsPermalink





(4) TREATMENT OF DISTRICT OF COLUMBIA- For purposes of this section--CommentsClose CommentsPermalink





(A) the District of Columbia shall be treated as a State; andCommentsClose CommentsPermalink





(B) the District of Columbia Court of Appeals shall act as the highest State court for the District of Columbia.CommentsClose CommentsPermalink

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated $15,000,000 for each of the fiscal years 2010 through 2014 to carry out this Act.CommentsClose CommentsPermalink