90 S5453 IS: Protection for Reservation Occupants against Trafficking and Evasive Communications Today Act of 2024 U.S. Senate 2024-12-09 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. 5453IN THE SENATE OF THE UNITED STATESDecember 9, 2024Mr. Daines (for himself and Ms. Smith) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsA BILLTo amend title 18, United States Code, to provide Tribal courts and law enforcement with more tools to combat the opioid epidemic.

1.

Short title

This Act may be cited as the Protection for Reservation Occupants against Trafficking and Evasive Communications Today Act of 2024 or the PROTECT Act of 2024.

2.

Tribal court search warrant parity for electronic communications

Chapter 121 of title 18, United States Code, is amended—(1)in section 2703—(A)in subsection (a), by striking issued using State warrant procedures and, and inserting issued using State warrant procedures, or, in the case of a Tribal court, issued using the warrant procedures described in section 202 of Public Law 90–284 (25 U.S.C. 1302) (commonly known as the Indian Civil Rights Act of 1968), or, ; (B)in subsection (b)(1)—(i)in subparagraph (A), by striking issued using State warrant procedures and, and inserting issued using State warrant procedures, or, in the case of a Tribal court, issued using warrant procedures described in section 202 of Public Law 90–284 (25 U.S.C. 1302) (commonly known as the Indian Civil Rights Act of 1968), or,; and(ii)in subparagraph (B)(i), by striking authorized by a Federal or State statute and inserting authorized by a Federal, Tribal, or State statute ; and (C)in subsection (c)(1)(A), by striking issued using State warrant procedures and, and inserting issued using State warrant procedures, or, in the case of a Tribal court, issued using the warrant procedures described in section 202 of Public Law 90–284 (25 U.S.C. 1302) (commonly known as the Indian Civil Rights Act of 1968), or,; and(2)in section 2711—(A)in paragraph (3)—(i)in subparagraph (B), by striking or at the end;(ii)in subparagraph (C), by striking and at the end and inserting or; and(iii)by inserting at the end the following:(D)a court established by the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131); and; and(B)in paragraph (4), by inserting before the period at the end the following: , or the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) on the list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).

3.

Tribal jurisdiction over drug trafficking, related offenses, and firearms

Section 204 of Public Law 90–284 (25 U.S.C. 1304) (commonly known as the Indian Civil Rights Act of 1968) is amended— (1)in subsection (a)—(A)in paragraph (5)—(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 inserting at the end the following:(J)drug trafficking and related offenses; and(K)firearms offense.; and(B)by inserting at the end the following:(18)The term drug trafficking and related offenses 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 manufacture, delivery, or possession, or attempt or conspiracy to do the same, of—(A)a controlled substance as defined in section 102 of the Controlled Substances Act, (21 U.S.C. 802);(B)a counterfeit substance as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802); or(C)drug paraphernalia, as defined in section 422(d) of the Controlled Substances Act (21 U.S.C. 863(d)).(19)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 in furtherance of a covered crime or the use or possession of a firearm 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, drug trafficking or related offenses, or a firearms offense,.

4.

Bureau of Prisons Tribal Prisoner Program

Paragraph (2)(B) of section 234(c) of the Tribal Law and Order Act of 2010 (25 U.S.C. 1302a) 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 (25 U.S.C. 1304) (commonly known as the Indian Civil Rights Act of 1968) after (comparable to the violent crimes described in section 1153(a) of title 18).