119-s1574

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1574 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1574

 To amend the Stored Communications Act to include Tribal courts as 
 courts of competent jurisdiction.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 May 1, 2025

Ms. Cortez Masto (for herself and Mr. Rounds) introduced the following 
 bill; which was read twice and referred to the Committee on the 
 Judiciary

_______________________________________________________________________

 A BILL

 To amend the Stored Communications Act to include Tribal courts as 
 courts of competent jurisdiction.

 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 ``Tribal Access to Electronic Evidence 
Act''.

SEC. 2. TRIBAL COURTS AS COURTS OF COMPETENT JURISDICTION UNDER STORED 
 COMMUNICATIONS ACT.

    (a) 

=== Definitions. ===
-

Section 2711 of title 18, United States Code, is 
amended--

    (1) in paragraph

    (3) --
        (A) in subparagraph
        (B) , by striking ``or'' at the 
 end;
        (B) by redesignating subparagraph
            (C) as 
 subparagraph
            (D) ; and
            (C) by inserting after subparagraph
        (B) the 
 following:
 ``
            (C) a Tribal court; or''; and

    (2) by striking paragraph

    (4) and inserting the following:
 ``

    (4) the term `governmental entity' means a department or 
 agency of--
 ``
        (A) the United States;
 ``
        (B) any State or political subdivision thereof; 
 or
 ``
            (C) any Indian Tribe or political subdivision 
 thereof;
 ``

    (5) the term `Indian Tribe' means any Indian or Alaska 
 Native tribe, band, nation, pueblo, village, community, 
 component band, or component reservation individually 
 identified (including parenthetically) on the most recent list 
 published by the Secretary of the Interior under 

section 104 of 
 the Federally Recognized Indian Tribe List Act of 1994 (25 
 U.S.C. 5131); and
 ``

    (6) the term `Tribal court' means a court of general 
 criminal jurisdiction of an Indian Tribe authorized by the law 
 of that Indian Tribe to issue search warrants.''.

    (b) Required Disclosure of Customer Communications or Records.--

Section 2703 of title 18, United States Code, is amended--

    (1) in subsection

    (a) , by striking the first sentence and 
 inserting the following:
 ``

    (1) In storage 180 days or less.--A governmental entity 
 may require the disclosure by a provider of electronic 
 communication service of the contents of a wire or electronic 
 communication, that is in electronic storage in an electronic 
 communications system for 180 days or less, only pursuant to a 
 warrant issued by a court of competent jurisdiction--
 ``
        (A) issued using the procedures described in the 
 Federal Rules of Criminal Procedure;
 ``
        (B) in the case of a State court, issued using 
 State warrant procedures;
 ``
            (C) in the case of a court-martial or other 
 proceeding under chapter 47 of title 10 (the Uniform 
 Code of Military Justice), issued under 

section 846 of 
 that title, in accordance with regulations prescribed 
 by the President); or
 ``
            (D) in the case of a Tribal court, issued using 
 the warrant procedures described in 

section 202

    (a)

    (2) of Public Law 90-284 (commonly known as the `Indian 
 Civil Rights Act of 1968') (25 U.S.C. 1302

    (a)

    (2) ).
 ``

    (2) In storage more than 180 days.--'';

    (2) in subsection

    (b)

    (1) --
        (A) in subparagraph
        (A) , by striking ``using the 
 procedures described in the Federal Rules of Criminal 
 Procedure'' and all that follows through ``prescribed 
 by the President)'' and inserting ``in accordance with 
 subsection

    (a)

    (1) ''; and
        (B) in subparagraph
        (B)
            (i) , by inserting ``, 
 Tribal,'' after ``a Federal'' each place it appears; 
 and

    (3) in subsection
            (c) --
        (A) in paragraph

    (1)
        (A) , by striking ``using the 
 procedures described in the Federal Rules of Criminal 
 Procedure'' and all that follows through ``prescribed 
 by the President)'' and inserting ``in accordance with 
 subsection

    (a)

    (1) ''; and
        (B) in paragraph

    (2) , in the undesignated matter 
 following subparagraph
        (F) , by inserting ``, Tribal,'' 
 after ``a Federal'' each place it appears.
            (c) Delayed Notice.--

Section 2705

    (a)

    (1)
        (B) of title 18, United 
States Code, is amended by inserting ``, Tribal,'' after ``a Federal'' 
each place it appears.
            (d) Civil Action.--

Section 2707

    (g) of title 18, United States Code, 
is amended, in the second sentence, by inserting ``Tribal,'' after 
``State,''.

    (e) Wrongful Disclosure of Video Tape Rental or Sale Records.--

Section 2710 of title 18, United States Code, is amended--

    (1) in subsection

    (b)

    (2)
            (C) , by inserting after ``an 
 equivalent State warrant,'' the following: ``a warrant issued 
 by a Tribal court using the warrant procedures described in 
 

section 202

    (a)

    (2) of Public Law 90-284 (commonly known as the 
 `Indian Civil Rights Act of 1968') (25 U.S.C. 1302

    (a)

    (2) ),''; 
 and

    (2) in subsection
            (d) , by striking ``or a political 
 subdivision of a State'' and inserting ``a political 
 subdivision of a State, or an Indian Tribe''.
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