Engrossed in Senate

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

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119th CONGRESS
  2d Session
                                S. 1574

_______________________________________________________________________

                                 AN ACT


 
  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);
                    (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''.

            Passed the Senate September 29, 2026.

            Attest:

                                                             Secretary.
119th CONGRESS

  2d Session

                                S. 1574

_______________________________________________________________________

                                 AN ACT

  To amend the Stored Communications Act to include Tribal courts as 
                   courts of competent jurisdiction.