Introduced in Senate — S. 1967

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.

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).