PROTECT Act of 2025 · Introduced in Senate (2025-06-05) · Congress.wiki

S. 1967

119th CONGRESS 1st Session

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 SENATE OF THE UNITED STATES · June 5, 2025 · Sponsor: Mr. Daines · Committee: Committee on Indian Affairs

S. 1967

SEC. 1. Short title

This Act may be cited as the or the .

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—
  - in paragraph (3)—
  - by striking paragraph (4) and inserting the following:
(b) Required disclosure of customer communications or records
- Section 2703 of title 18, United States Code, is amended—
- Required disclosure of customer communications or records
  - 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—
        
        using the procedures described in the Federal Rules of Criminal Procedure;
        
        in the case of a State court, using State warrant procedures;
        
        in the case of a court-martial or other proceeding under of title 10 (the Uniform Code of Military Justice), under section 846 of that title, in accordance with regulations prescribed by the President; or chapter 47
        
        in the case of a Tribal court, using the warrant procedures described in section 202(a)(2) of (commonly known as the ) (). Indian Civil Rights Act of 1968 Public Law 90–284; 25 U.S.C. 1302(a)(2)
    - (2) In storage more than 180 days
  - in subsection (b)(1)—
    - in subparagraph (A), by striking using the procedures described in the Federal Rules of Criminal Procedureand all that follows through and inserting prescribed by the President); and
    - in subparagraph (B)(i), by inserting after each place it appears; and
  - in subsection (c)—
    - in paragraph (1)(A), by striking using the procedures described in the Federal Rules of Criminal Procedureand all that follows through and inserting prescribed by the President); and
    - in paragraph (2), in the undesignated matter following subparagraph (F), by inserting after each place it appears.
(c) Delayed notice
- Section 2705(a)(1)(B) of title 18, United States Code, is amended by inserting after each place it appears.
(d) Civil action
- Section 2707(g) of title 18, United States Code, is amended, in the second sentence, by inserting after .
(e) Wrongful disclosure of video tape rental or sale records
- Section 2710 of title 18, United States Code, is amended—
  - in subsection (b)(2)(C), by inserting after the following: ; and
  - in subsection (d), by striking or a political subdivision of a Stateand inserting a political subdivision of a State, or an Indian Tribe.

Section 204 of (commonly known as the ) () is amended— Indian Civil Rights Act of 1968 Public Law 90–284; 25 U.S.C. 1304
- in subsection (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;
    - (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) The term controlled substance means—
        
        a controlled substance (as defined in section 102 of the Controlled Substances Act ()); 21 U.S.C. 802
        
        a counterfeit substance (as defined in that section); and
        
        a controlled substance analogue (as defined in that section).
        
        (ii) 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) The term drug trafficking means—
        
        the manufacture, cultivation, delivery, distribution, or dispensing of a controlled substance;
        
        the possession of a controlled substance with the intent to manufacture, deliver, distribute, or dispense the controlled substance; and
        
        the solicitation of, or the attempt or conspiracy to do, an act described in subclause (I) or (II).
        
        (iv) 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) 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.
  - by inserting after paragraph (4) the following:
  - 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:
      - a controlled substance-related offense; and
      - a firearms offense.
  - by inserting after paragraph (8) (as so redesignated) the following:

SEC. 4. Bureau of Prisons Tribal Prisoner Program

Section 234(c)(2)(B) of the Tribal Law and Order Act of 2010 () is amended by inserting after . 25 U.S.C. 1302a(2)(B)

S. 1967

Table of contents

SEC. 1. Short title

SEC. 2. Tribal courts as courts of competent jurisdiction under Stored Communications Act

SEC. 3. Tribal jurisdiction over controlled substances, related offenses, and firearms

SEC. 4. Bureau of Prisons Tribal Prisoner Program