[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3773 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3773
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 HOUSE OF REPRESENTATIVES
June 5, 2025
Mr. Larsen of Washington (for himself, Mr. Zinke, Ms. Perez, Mr.
Newhouse, Mr. Cole, Mr. Hurd of Colorado, and Mr. Simpson) introduced
the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Committee on Natural Resources, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
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)''.
<all>