90 S4842 IS: Tribal Access to Electronic Evidence Act U.S. Senate 2024-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS2d SessionS. 4842IN THE SENATE OF THE UNITED STATESJuly 30, 2024Ms. Cortez Masto (for herself and Mr. Rounds) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend the Stored Communications Act to include Tribal courts as courts of competent jurisdiction.

1.

Short title

This Act may be cited as the Tribal Access to Electronic Evidence Act.

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; or(B)any State or Indian Tribe, or any 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 State warrant procedures and and inserting the following: State warrant procedures, or, in the case of a Tribal court, issued 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 (b)(1)—(A)in subparagraph (A), by striking State warrant procedures and and inserting the following: State warrant procedures, or, in the case of a Tribal court, issued 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; and(B)in subparagraph (B)(i), by inserting , Tribal, after by a Federal; and(3)in subsection (c)—(A)in paragraph (1)(A), by striking State warrant procedures and and inserting the following: State warrant procedures, or, in the case of a Tribal court, issued 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; and(B)in paragraph (2), in the undesignated matter following subparagraph (F), by inserting , Tribal, after by a Federal.(c)

Delayed notice

Section 2705(a)(1)(B) of title 18, United States Code, is amended by inserting , Tribal, after by a Federal.(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.