Last progress June 5, 2025 (8 months ago)
Introduced on June 5, 2025 by Steve Daines
Read twice and referred to the Committee on Indian Affairs.
PROTECT Act of 2025
Updates federal criminal-justice statutes to expand recognition of Tribal courts and to add or clarify certain offense definitions for use in tribal criminal law. It amends the Stored Communications Act so Tribal courts and Indian Tribes are treated in specified places as courts or governmental entities for warrants and disclosure of electronic communications, adds new defined offenses (controlled substance–related and firearms offenses) to the Indian Civil Rights Act, and revises a provision of the Tribal Law and Order Act relating to the Bureau of Prisons Tribal Prisoner Program.
Updated 18 hours ago
Last progress June 5, 2025 (8 months ago)
Adds a new subparagraph (C) to paragraph (3) of 18 U.S.C. 2711 so that a "Tribal court" is explicitly listed in that paragraph.
Replaces paragraph (4) of 18 U.S.C. 2711 to define the term "governmental entity" to mean 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.
Adds paragraph (5) to 18 U.S.C. 2711 defining "Indian Tribe" by reference to 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).
Adds paragraph (6) to 18 U.S.C. 2711 defining "Tribal court" as a court of general criminal jurisdiction of an Indian Tribe authorized by that Tribe's law to issue search warrants.
Amends 18 U.S.C. 2703(a) so that for electronic communications in storage 180 days or less, a governmental entity may require disclosure of contents only pursuant to a warrant issued by a court of competent jurisdiction. The provision lists permitted procedures for (A) Federal Rules of Criminal Procedure, (B) State court procedures, (C) court-martial or other Title 10 proceedings under regulations prescribed by the President, and (D) in the case of a Tribal court, using the warrant procedures described in section 202(a)(2) of the Indian Civil Rights Act (25 U.S.C. 1302(a)(2)).
Primary direct beneficiaries are Tribal governments and their courts, which receive explicit recognition and a clearer statutory basis to seek electronic communications and related records under the Stored Communications Act. Tribal criminal justice systems will also be affected by the addition of defined controlled-substance and firearms offenses to the Indian Civil Rights Act, which changes how certain cross-references apply and which offenses are treated as "covered." Electronic-communications providers and records custodians will be impacted operationally because they may receive new or clarified Tribal-court orders or warrants and will need procedures for compliance and for any delayed-notice rules applicable to Tribal requests. The Bureau of Prisons Tribal Prisoner Program amendment could change placement, transfer, or program relationships between federal prisons and Tribes; because the inserted language is not provided, the specific operational effects are unknown. Implementation challenges include the need for clearer guidance on Tribal-court authority under the SCA, training and resources for Tribal courts to use new authorities, and coordination among Tribal, federal, and state actors to avoid conflicting obligations. The measure does not specify funding, which may place resource burdens on Tribal courts and agencies to absorb new responsibilities. Overall, the bill increases statutory recognition of Tribal judicial authority in discrete areas of federal law and broadens the set of offenses referenced in tribal civil-rights law, with downstream effects for law enforcement, providers of electronic communications, incarcerated tribal members, and Tribal communities.
Tribal Access to Electronic Evidence Act
Updated 4 days ago
Last progress May 1, 2025 (9 months ago)