[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 702 Reported in Senate (RS)]
Calendar No. 932
110th CONGRESS
2d Session
S. 702
[Report No. 110-436]
To authorize the Attorney General to award grants to State courts to
develop and implement State courts interpreter programs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2007
Mr. Kohl (for himself, Mr. Kennedy, Mr. Durbin, Mr. Biden, Mr. Cardin,
Mr. Leahy, Mr. Specter, and Mrs. Lincoln) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
August 1, 2008
Reported by Mr. Leahy, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To authorize the Attorney General to award grants to State courts to
develop and implement State courts interpreter programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``State Court Interpreter
Grant Program Act''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) 19 percent of the population of the United
States over 5 years of age speaks a language other than English
at home;</DELETED>
<DELETED> (3) only qualified court interpreters can ensure
that persons with limited English proficiency comprehend
judicial proceedings in which they are a party;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (5) the Federal Government has demonstrated its
commitment to equal administration of justice regardless of
English proficiency;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (7) 36 States have developed, or are developing,
qualified court interpreting programs;</DELETED>
<DELETED> (8) robust, effective court interpreter programs--
</DELETED>
<DELETED> (A) actively recruit skilled individuals
to be court interpreters;</DELETED>
<DELETED> (B) train those individuals in the
interpretation of court proceedings;</DELETED>
<DELETED> (C) develop and use a thorough, systematic
certification process for court interpreters;
and</DELETED>
<DELETED> (D) have sufficient funding to ensure that
a qualified interpreter will be available to the court
whenever necessary; and</DELETED>
<DELETED> (9) Federal funding is necessary to--</DELETED>
<DELETED> (A) encourage State courts that do not
have court interpreter programs to develop
them;</DELETED>
<DELETED> (B) assist State courts with nascent court
interpreter programs to implement them;</DELETED>
<DELETED> (C) assist State courts with limited court
interpreter programs to enhance them; and</DELETED>
<DELETED> (D) assist State courts with robust court
interpreter programs to make further improvements and
share successful programs with other States.</DELETED>
<DELETED>SEC. 3. STATE COURT INTERPRETER PROGRAM.</DELETED>
<DELETED> (a) Grants Authorized.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Use of Grants.--Grants awarded under subsection (a)
may be used by State courts to--</DELETED>
<DELETED> (1) assess regional language demands;</DELETED>
<DELETED> (2) develop a court interpreter program for the
State courts;</DELETED>
<DELETED> (3) develop, institute, and administer language
certification examinations;</DELETED>
<DELETED> (4) recruit, train, and certify qualified court
interpreters;</DELETED>
<DELETED> (5) pay for salaries, transportation, and
technology necessary to implement the court interpreter program
developed under paragraph (2); and</DELETED>
<DELETED> (6) engage in other related activities, as
prescribed by the Attorney General.</DELETED>
<DELETED> (c) Application.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) State courts.--The highest State court of each
State submitting an application under paragraph (1) shall
include in the application--</DELETED>
<DELETED> (A) an identification of each State court
in that State which would receive funds from the
grant;</DELETED>
<DELETED> (B) the amount of funds each State court
identified under subparagraph (A) would receive from
the grant; and</DELETED>
<DELETED> (C) the procedures the highest State court
would use to directly distribute grant funds to State
courts identified under subparagraph (A).</DELETED>
<DELETED> (d) State Court Allotments.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) Discretionary allotment.--From amounts
appropriated for each fiscal year pursuant to section 4, the
Administrator shall allocate a total of $5,000,000 to the
highest State court of States that have extraordinary needs
that are required to be addressed in order to develop,
implement, or expand a State court interpreter
program.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the unallocated balance of the amount
appropriated for each fiscal year pursuant to section
4; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Treatment of district of columbia.--For
purposes of this section--</DELETED>
<DELETED> (A) the District of Columbia shall be
treated as a State; and</DELETED>
<DELETED> (B) the District of Columbia Court of
Appeals shall act as the highest State court for the
District of Columbia.</DELETED>
<DELETED>SEC. 4. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There are authorized to be appropriated $15,000,000 for
each of the fiscal years 2008 through 2012 to carry out this
Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Court Interpreter Grant
Program Act''.
SEC. 2. FINDINGS.
Congress finds that--
(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;
(2) 19 percent of the population of the United States over
5 years of age speaks a language other than English at home;
(3) only qualified court interpreters can ensure that
persons with limited English proficiency comprehend judicial
proceedings in which they are a party;
(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;
(5) the Federal Government has demonstrated its commitment
to equal administration of justice regardless of English
proficiency;
(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;
(7) 40 States have developed, or are developing, qualified
court interpreting programs;
(8) robust, effective court interpreter programs--
(A) actively recruit skilled individuals to be
court interpreters;
(B) train those individuals in the interpretation
of court proceedings;
(C) develop and use a thorough, systematic
certification process for court interpreters; and
(D) have sufficient funding to ensure that a
qualified interpreter will be available to the court
whenever necessary; and
(9) Federal funding is necessary to--
(A) encourage State courts that do not have court
interpreter programs to develop them;
(B) assist State courts with nascent court
interpreter programs to implement them;
(C) assist State courts with limited court
interpreter programs to enhance them; and
(D) assist State courts with robust court
interpreter programs to make further improvements and
share successful programs with other States.
SEC. 3. STATE COURT INTERPRETER PROGRAM.
(a) Grants Authorized.--
(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.
(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.
(b) Use of Grants.--Grants awarded under subsection (a) may be used
by State courts to--
(1) assess regional language demands;
(2) develop a court interpreter program for the State
courts;
(3) develop, institute, and administer language
certification examinations;
(4) recruit, train, and certify qualified court
interpreters;
(5) pay for salaries, transportation, and technology
necessary to implement the court interpreter program developed
under paragraph (2); and
(6) engage in other related activities, as prescribed by
the Attorney General.
(c) Application.--
(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.
(2) State courts.--The highest State court of each State
submitting an application under paragraph (1) shall include in
the application--
(A) a demonstration of need for the development,
implementation, or expansion of a State court
interpreter program;
(B) an identification of each State court in that
State which would receive funds from the grant;
(C) the amount of funds each State court identified
under subparagraph (B) would receive from the grant;
and
(D) the procedures the highest State court would
use to directly distribute grant funds to State courts
identified under subparagraph (B).
(d) State Court Allotments.--
(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).
(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.
(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--
(A) the unallocated balance of the amount
appropriated for each fiscal year pursuant to section
4; and
(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.
(4) Treatment of district of columbia.--For purposes of
this section--
(A) the District of Columbia shall be treated as a
State; and
(B) the District of Columbia Court of Appeals shall
act as the highest State court for the District of
Columbia.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $15,000,000 for each of the
fiscal years 2008 through 2012 to carry out this Act.
Calendar No. 932
110th CONGRESS
2d Session
S. 702
[Report No. 110-436]
_______________________________________________________________________
A BILL
To authorize the Attorney General to award grants to State courts to
develop and implement State courts interpreter programs.
_______________________________________________________________________
August 1, 2008
Reported with an amendment