[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3365 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3365

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 10, 2012

   Mr. Kohl introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State Court Interpreter Grant 
Program Act of 2012''.

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) 21 percent of the population of the United States over 
        5 years of age speaks a language other than English at home;
            (3) only qualified and certified 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 settings;
            (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 (42 U.S.C. 2000d et seq.), 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) 43 States have developed, or are developing, qualified 
        court interpreter programs;
            (8) a robust and effective court interpreter program--
                    (A) actively recruits skilled individuals to serve 
                as court interpreters;
                    (B) trains those individuals in the interpretation 
                of court proceedings;
                    (C) develops and uses a thorough, systematic 
                certification process for court interpreters;
                    (D) has sufficient funding to ensure that a 
                qualified and certified interpreter will be available 
                to the court whenever necessary; and
                    (E) efficiently uses funding to create substantial 
                cost savings; 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 cost saving 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) Use of grants.--A State court may use a grant awarded 
        under this subsection to--
                    (A) develop or enhance a court interpreter program 
                for the State court;
                    (B) develop, institute, and administer language 
                certification examinations;
                    (C) recruit, train, and certify qualified court 
                interpreters;
                    (D) pay for salaries, transportation, and 
                technology necessary to implement the court interpreter 
                program developed or enhanced under subparagraph (A);
                    (E) provide for remote interpretation services to 
                facilitate certified court interpretations when costs 
                prohibit in-person interpretation; or
                    (F) engage in other related activities, as 
                prescribed by the Attorney General.
    (b) Application.--
            (1) In general.--The highest State court of each State 
        seeking 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) Contents.--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 that would receive funds from the grant;
                    (C) the amount of funds that each State court 
                identified under subparagraph (B) would receive from 
                the grant; and
                    (D) the procedures that the highest State court 
                would use to directly distribute grant funds to State 
                courts identified under subparagraph (B).
    (c) State Court Allotments.--
            (1) Base allotment.--From amounts appropriated for each 
        fiscal year pursuant to section 5, the Administrator shall 
        allocate $100,000 to the highest court of each State that has 
        an application approved under subsection (b).
            (2) Additional allotment.--
                    (A) In general.--From amounts appropriated for each 
                fiscal year pursuant to section 5, the Administrator 
                shall allocate $5,000,000 to be distributed among the 
                highest State courts that--
                            (i) have an application approved under 
                        subsection (b); and
                            (ii) are located in a State with 
                        extraordinary needs that prevent the 
                        development, implementation, or expansion of a 
                        State court interpreter program.
                    (B) Determining need.--In determining whether a 
                State has extraordinary needs required under 
                subparagraph (A), the Administrator shall consider--
                            (i) based on data from the Bureau of the 
                        Census, the ratio between the number of people 
                        over 5 years of age who speak a language other 
                        than English at home and identify as speaking 
                        English less than very well--
                                    (I) in that State; and
                                    (II) in all of the States that 
                                receive an allocation under paragraph 
                                (1); and
                            (ii) any efficiency or substantial cost 
                        savings expected from a State court interpreter 
                        program.
                    (C) Priority consideration.--In allocating amounts 
                under subparagraph (A), the Administrator shall give 
                priority to any State that does not have and has not 
                begun to develop a qualified court interpreter program.
    (d) Treatment of District of Columbia.--For purposes of this 
section--
            (1) the District of Columbia shall be treated as a State; 
        and
            (2) the District of Columbia Court of Appeals shall act as 
        the highest State court for the District of Columbia.

SEC. 4. REPORT.

    Not later than 1 year after the date on which the first grant is 
made under section 3, the Administrator shall submit a report to 
Congress that describes how each highest State court has used the funds 
from each grant made under section 3 in a manner consistent with 
section 3(a)(2).

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $10,000,000 for each of 
fiscal years 2013 through 2017 to carry out this Act.
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