H.R. 3773

[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>