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Issued
September 29, 2026
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Download official Senate Record PDFReturn to issue contextSA 6844. Mr. THUNE (for Ms. Cortez Masto) proposed an amendment to the bill S. 1574, to amend the Stored Communications Act to include Tribal courts as courts of competent jurisdiction; as follows:
Strike all after the enacting clause and insert the
following:
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);
(C) by inserting after subparagraph (B) the following:
“(C) a Tribal court; or”; and
(D) in subparagraph (D), as so redesignated, by striking
“and” at the end; 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)—
(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 warrant
procedures that comply with 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.—”; and
(B) in paragraph (2), as so designated, by striking “one
hundred and eighty days” and inserting “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 striking “or State” each
place it appears and inserting “, State, or Tribal”; 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 striking “or State” each place it
appears and inserting “, State, or Tribal”.
(c) Delayed Notice.—Section 2705(a)(1)(B) of title 18,
United States Code, is amended by striking “or State” each
place it appears and inserting “, State, or Tribal”.
(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 warrant procedures that comply with
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 “a State, or a
political subdivision of a State” and inserting “a State or
a political subdivision thereof, or an Indian Tribe or a
political subdivision thereof”.