S. 1574
Tribal Access to Electronic Evidence Act
Sponsor: Catherine Cortez Masto
4 cosponsors
Official summary
Written by the Congressional Research Service.
Tribal Access to Electronic Evidence Act
This bill allows tribal courts to execute warrants for electronic material.
The Stored Communications Act (SCA) generally prohibits providers of electronic communication services (e.g., cell phone providers, email providers, or social media platforms) and remote computing services (e.g., cloud computing providers) from knowingly disclosing stored electronic communications or records (e.g., emails) or information pertaining to customers or subscribers. However, the SCA authorizes governmental entities to compel service providers to disclose electronic communication information through a court-issued warrant, a court order, or an administrative subpoena.
This bill gives tribal courts the same authority as other governmental entities (e.g., state courts) to compel service providers to disclose stored electronic communication information through court-issued warrants, court orders, or administrative subpoenas.
Text of the bill
Where this section came from
-
May 1, 2025 · Introduced in Senate Referred to Senate Committee on the Judiciary, May 1, 2025 Referred to Senate Committee on the Judiciary, May 1, 2025
-
Sep 29, 2026 · Engrossed in Senate S.Amdt. 6844: In the nature of a substitute. Official page ›
… 3 unchanged passages …
(B) by redesignating subparagraph (C) as subparagraph (D);
and
… 5 unchanged passages …
(D) in subparagraph (D), as so redesignated, by striking and at the end; and
… 10 unchanged passages …
(1) in subsection (a
),
)— (A)
by striking the first sentence and inserting the following:
… 5 unchanged passages …
(D) in the case of a Tribal court, issued using
the
warrant procedures
described
that
in
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 unchanged passages …
; and
(B) in paragraph (2), as so designated, by striking one hundred and eighty days and inserting 180 days;
… 2 unchanged passages …
(B) in subparagraph (B)(i), by
inserting
striking
,
or
Tribal,
State
after a Federal
each place it appears
and inserting , State, or Tribal
; and
… 2 unchanged passages …
(B) in paragraph (2), in the undesignated matter following subparagraph (F), by
inserting
striking
,
or
Tribal,
State
after a Federal
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
inserting
striking
,
or
Tribal,
State
after a Federal
each place it appears
and inserting , State, or Tribal
.
… 2 unchanged passages …
(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
that
in
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
political
State
subdivision
or
of
a
State
political subdivision thereof
, or an Indian Tribe
or a political subdivision thereof
.
(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.