119-s1967

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1967 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1967

 To amend the Stored Communications Act to include Tribal courts as 
courts of competent jurisdiction, to amend the Indian Civil Rights Act 
 of 1968 to confer Tribal jurisdiction over controlled substances, 
 related offenses, and firearms, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 June 5, 2025

 Mr. Daines (for himself and Ms. Smith) introduced the following bill; 
 which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

 A BILL

 To amend the Stored Communications Act to include Tribal courts as 
courts of competent jurisdiction, to amend the Indian Civil Rights Act 
 of 1968 to confer Tribal jurisdiction over controlled substances, 
 related offenses, and firearms, and for other purposes.

 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 ``Protection for Reservation Occupants 
against Trafficking and Evasive Communications Today Act of 2025'' or 
the ``PROTECT Act of 2025''.

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) using the procedures described in the Federal 
 Rules of Criminal Procedure;
 ``
        (B) in the case of a State court, 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), under 

section 846 of that 
 title, in accordance with regulations prescribed by the 
 President; or
 ``
            (D) in the case of 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) ).
 ``

    (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''.

SEC. 3. TRIBAL JURISDICTION OVER CONTROLLED SUBSTANCES, RELATED 
 OFFENSES, AND FIREARMS.

 

Section 204 of Public Law 90-284 (commonly known as the ``Indian 
Civil Rights Act of 1968'') (25 U.S.C. 1304) is amended--

    (1) in subsection

    (a) --
        (A) by redesignating paragraphs

    (5) ,

    (6) ,

    (7) ,

    (8) ,

    (9) ,

    (10) ,

    (11) ,

    (12) ,

    (13) ,

    (14) ,

    (15) ,

    (16) , and

    (17) as paragraphs

    (6) ,

    (7) ,

    (8) ,

    (10) ,

    (11) ,

    (12) ,

    (13) ,

    (14) ,

    (15) ,

    (16) ,

    (17) ,

    (18) , and

    (19) , respectively;
        (B) by inserting after paragraph

    (4) the following:
 ``

    (5) Controlled substance-related offense.--
 ``
        (A) In general.--The term `controlled substance-
 related offense' means a violation of the criminal law 
 of the Indian tribe that has jurisdiction over the 
 Indian country where the violation occurs that 
 involves--
 ``
            (i) drug trafficking;
 ``
            (ii) unlawful drug possession; or
 ``
            (iii) unlawful possession of drug 
 paraphernalia.
 ``
        (B) Associated 

=== definitions. ===
-For purposes of this 
 paragraph:
 ``
            (i) Controlled substance.--The term 
 `controlled substance' means--
 ``
            (I) a controlled substance (as 
 defined in 

section 102 of the 
 Controlled Substances Act (21 U.S.C. 
 802));
 ``
            (II) a counterfeit substance (as 
 defined in that section); and
 ``
            (III) a controlled substance 
 analogue (as defined in that section).
 ``
            (ii) Drug paraphernalia.--The term `drug 
 paraphernalia' has the meaning given the term 
 in 

section 422
            (d) of the Controlled Substances 
 Act (21 U.S.C. 863
            (d) ).
 ``
            (iii) Drug trafficking.--The term `drug 
 trafficking' means--
 ``
            (I) the manufacture, cultivation, 
 delivery, distribution, or dispensing 
 of a controlled substance;
 ``
            (II) the possession of a 
 controlled substance with the intent to 
 manufacture, deliver, distribute, or 
 dispense the controlled substance; and
 ``
            (III) the solicitation of, or the 
 attempt or conspiracy to do, an act 
 described in subclause
            (I) or
            (II) .
 ``
            (iv) Unlawful drug possession.--The term 
 `unlawful drug possession' means a violation of 
 the criminal law of the Indian tribe that has 
 jurisdiction over the Indian country where the 
 violation occurs that involves the possession 
 of a controlled substance.
 ``
            (v) Unlawful possession of drug 
 paraphernalia.--The term `unlawful possession 
 of drug paraphernalia' means a violation of the 
 criminal law of the Indian tribe that has 
 jurisdiction over the Indian country where the 
 violation occurs that involves the possession 
 of drug paraphernalia.'';
            (C) in paragraph

    (6) (as so redesignated)--
            (i) in subparagraph
        (H) , by striking 
 ``and'' at the end;
            (ii) in subparagraph
            (I) , by striking the 
 period at the end and inserting a semicolon; 
 and
            (iii) by adding at the end the following:
 ``
        (J) a controlled substance-related offense; and
 ``
        (K) a firearms offense.''; and
            (D) by inserting after paragraph

    (8) (as so 
 redesignated) the following:
 ``

    (9) Firearms offense.--The term `firearms offense' means 
 a violation of the criminal law of the Indian tribe that has 
 jurisdiction over the Indian country where the violation occurs 
 that involves the use or possession of a firearm--
 ``
        (A) in furtherance of a covered crime; or
 ``
        (B) by a person who has been convicted of 
 domestic violence.''; and

    (2) in subsection

    (b)

    (4)
        (A) , by striking ``or assault of 
 Tribal justice personnel,'' and inserting ``, assault of Tribal 
 justice personnel, a controlled substance-related offense, or a 
 firearms offense,''.

SEC. 4. BUREAU OF PRISONS TRIBAL PRISONER PROGRAM.

 

Section 234
            (c) (2)
        (B) of the Tribal Law and Order Act of 2010 (25 
U.S.C. 1302a

    (2)
        (B) ) is amended by inserting ``or offenders convicted 
pursuant to the exercise of special Tribal criminal jurisdiction 
described in 

section 204 of Public Law 90-284 (commonly known as the 
`Indian Civil Rights Act of 1968') (25 U.S.C. 1304)'' after 
``(comparable to the violent crimes described in 

section 1153

    (a) of 
title 18, United States Code)''.
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