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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5453 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5453

To amend title 18, United States Code, to provide Tribal courts and law 
       enforcement with more tools to combat the opioid epidemic.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 9, 2024

 Mr. Daines (for himself and Ms. Smith) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL

 
To amend title 18, United States Code, to provide Tribal courts and law 
       enforcement with more tools to combat the opioid epidemic.

    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 2024'' or 
the ``PROTECT Act of 2024''.

SEC. 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)''.

SEC. 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,''.

SEC. 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)''.
                                 <all>
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