S. 1967

119 S1967 IS: Protection for Reservation Occupants against Trafficking and Evasive Communications Today Act of 2025
 U.S. Senate
 2025-06-05
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  II
  119th CONGRESS
  1st Session
  S. 1967
  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.
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  .
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 .
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, .
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) .