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