§ 1302a. Bureau of Prisons tribal prisoner program

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2010

   Tribal Law and Order Act of 2010

   Pub. L. 111–211 title II § 234(c) · 124 Stat. 2258

   Enacted · 25 U.S.C. § 1302a

   Pub. L. 111–211, title II, § 234(c), July 29, 2010, 124 Stat. 2281

   Source evidence

   Code source credit
   Pub. L. 111–211, title II, § 234(c), July 29, 2010, 124 Stat. 2281

   Enacted provision · exact public law section
   (c) Bureau of Prisons Tribal Prisoner Pilot Program.— (1) In general.— Not Deadline. later than 120 days after the date of enactment of this title, the Director of the Bureau of Prisons shall establish a pilot program under which the Bureau of Prisons shall accept offenders convicted in tribal court pursuant to section 202 of the Indian Civil Rights Act of 1968 (25 U.S.C. 1302) (as amended by this section), subject to the conditions described in paragraph (2). (2) Conditions.— (A) In general.— As a condition of participation in the pilot program described in paragraph (1), the tribal court shall submit to the Attorney General a request for confinement of the offender, for approval by the Attorney General (or a designee) by not later than 30 days after the date of submission. (B) Limitations.— Requests for confinement shall be limited to offenders convicted of a violent crime (comparable to the violent crimes described in section 1153(a) of title 18, United States Code) for which the sentence includes a term of imprisonment of 2 or more years. (C) Custody conditions.— The imprisonment by the Bureau of Prisons shall be subject to the conditions described in section 5003 of title 18, United States Code, regarding the custody of State offenders, except that the offender shall be placed in the nearest available and appropriate Federal facility, and imprisoned at the expense of the United States. (D) Cap.— The Bureau of Prisons shall confine not more than 100 tribal offenders at any time. (3) Rescinding requests.— (A) In general.— The applicable tribal government shall retain the authority to rescind the request for confinement of a tribal offender by the Bureau of Prisons under this paragraph at any time during the sentence of the offender. (B) Return to tribal custody.— On rescission of a request under subparagraph (A), a tribal offender shall be returned to tribal custody. (4) Reassessment.— If tribal court demand for participation in this pilot program exceeds 100 tribal offenders, a representative of the Bureau of Prisons shall notify Congress. (5) Report.— Not later than 3 years after the date of establishment of the pilot program, the Attorney General shall submit to Congress a report describing the status of the program, including recommendations regarding the future of the program, if any. (6) Termination.— Except as otherwise provided by an Act of Congress, the pilot program under this paragraph shall expire on the date that is 4 years after the date on which the program is established.

2. 2022

   Financial Services and General Government Appropriations Act, 2022

   Pub. L. 117–103 § 803(1) · 136 Stat. 49

   Struck · 25 U.S.C. § 1302a

   Pub. L. 117–103, § 803(1), (2), struck out “pilot” before “program” in section catchline and wherever appearing in text

   Source evidence

   Code amendment note
   Pub. L. 117–103, § 803(1), (2), struck out “pilot” before “program” in section catchline and wherever appearing in text.

   Enacted provision · exact public law section
   (1) creates new programs;

3. 2022

   Financial Services and General Government Appropriations Act, 2022

   Pub. L. 117–103 § 803(3) · 136 Stat. 49

   Substituted · 25 U.S.C. § 1302a(1)

   Pub. L. 117–103, § 803(3), substituted “Not later than 120 days after March 15, 2022” for “Not later than 120 days after July 29, 2010”

   Source evidence

   Code amendment note
   Par. (1). Pub. L. 117–103, § 803(3), substituted “Not later than 120 days after March 15, 2022” for “Not later than 120 days after July 29, 2010”.

   Enacted provision · exact public law section
   (3) establishes or changes allocations specifically denied, limited or increased under this Act;

4. 2022

   Financial Services and General Government Appropriations Act, 2022

   Pub. L. 117–103 § 803(4) · 136 Stat. 49

   Substituted · 25 U.S.C. § 1302a(2)(B)

   Pub. L. 117–103, § 803(4), substituted “1 or more years” for “2 or more years”

   Source evidence

   Code amendment note
   Par. (2)(B). Pub. L. 117–103, § 803(4), substituted “1 or more years” for “2 or more years”.

   Enacted provision · exact public law section
   (4) increases funds or personnel by any means for any program, project, or responsibility center for which funds have been denied or restricted;

5. 2022

   Financial Services and General Government Appropriations Act, 2022

   Pub. L. 117–103 § 803(5) · 136 Stat. 49

   Struck · 25 U.S.C. § 1302a(5); 25 U.S.C. § 1302a(6)

   Pub. L. 117–103, § 803(5), struck out pars. (5) and (6) which read as follows:

   Source evidence

   Code amendment note
   Pars. (5), (6). Pub. L. 117–103, § 803(5), struck out pars. (5) and (6) which read as follows:

   “(5) Report.—Not later than 3 years after the date of establishment of the pilot program, the Attorney General shall submit to Congress a report describing the status of the program, including recommendations regarding the future of the program, if any. “(6) Termination.—Except as otherwise provided by an Act of Congress, the pilot program under this paragraph shall expire on the date that is 4 years after the date on which the program is established.”

   Enacted provision · exact public law section
   (5) re-establishes any program or project previously deferred through reprogramming;

5 of 5 references resolved to an enrolled provision