II 

118TH CONGRESS 

2D SESSION S. 4842 

To amend the Stored Communications Act to include Tribal courts as courts 

of competent jurisdiction. 

IN THE SENATE OF THE UNITED STATES 

JULY 30, 2024 

Ms. CORTEZ MASTO (for herself and Mr. ROUNDS) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Stored Communications Act to include Tribal 

courts as courts of competent jurisdiction. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tribal Access to Elec5 tronic Evidence Act’’. 

6 SEC. 2. TRIBAL COURTS AS COURTS OF COMPETENT JURIS7 DICTION UNDER STORED COMMUNICATIONS 

8 ACT. 

9 (a) DEFINITIONS.—Section 2711 of title 18, United 

10 States Code, is amended— 


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•S 4842 IS

1 (1) in paragraph (3)— 

2 (A) in subparagraph (B), by striking ‘‘or’’ 

3 at the end; 

4 (B) by redesignating subparagraph (C) as 

5 subparagraph (D); and 

6 (C) by inserting after subparagraph (B) 

7 the following: 

8 ‘‘(C) a Tribal court; or’’; and 

9 (2) by striking paragraph (4) and inserting the 

10 following: 

11 ‘‘(4) the term ‘governmental entity’ means a de12 partment or agency of— 

13 ‘‘(A) the United States; or 

14 ‘‘(B) any State or Indian Tribe, or any po15 litical subdivision thereof; 

16 ‘‘(5) the term ‘Indian Tribe’ means any Indian 

17 or Alaska Native tribe, band, nation, pueblo, village, 

18 community, component band, or component reserva19 tion individually identified (including parenthetically) 

20 on the most recent list published by the Secretary of 

21 the Interior under section 104 of the Federally Rec22 ognized Indian Tribe List Act of 1994 (25 U.S.C. 

23 5131); and 

24 ‘‘(6) the term ‘Tribal court’ means a court of 

25 general criminal jurisdiction of an Indian Tribe auVerDate Sep 11 2014 01:06 Aug 28, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4842.IS S4842

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•S 4842 IS

1 thorized by the law of that Indian Tribe to issue 

2 search warrants.’’. 

3 (b) REQUIRED DISCLOSURE OF CUSTOMER COMMU4 NICATIONS OR RECORDS.—Section 2703 of title 18, 

5 United States Code, is amended— 

6 (1) in subsection (a), by striking ‘‘State war7 rant procedures and’’ and inserting the following: 

8 ‘‘State warrant procedures, or, in the case of a Trib9 al court, issued using the warrant procedures de10 scribed in section 202(a)(2) of Public Law 90–284 

11 (commonly known as the ‘Indian Civil Rights Act of 

12 1968’) (25 U.S.C. 1302(a)(2)), and’’; 

13 (2) in subsection (b)(1)— 

14 (A) in subparagraph (A), by striking 

15 ‘‘State warrant procedures and’’ and inserting 

16 the following: ‘‘State warrant procedures, or, in 

17 the case of a Tribal court, issued using the war18 rant procedures described in section 202(a)(2) 

19 of Public Law 90–284 (commonly known as the 

20 ‘Indian Civil Rights Act of 1968’) (25 U.S.C. 

21 1302(a)(2)), and’’; and 

22 (B) in subparagraph (B)(i), by inserting ‘‘, 

23 Tribal,’’ after ‘‘by a Federal’’; and 

24 (3) in subsection (c)— 


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•S 4842 IS

1 (A) in paragraph (1)(A), by striking 

2 ‘‘State warrant procedures and’’ and inserting 

3 the following: ‘‘State warrant procedures, or, in 

4 the case of a Tribal court, issued using the war5 rant procedures described in section 202(a)(2) 

6 of Public Law 90–284 (commonly known as the 

7 ‘Indian Civil Rights Act of 1968’) (25 U.S.C. 

8 1302(a)(2)), and’’; and 

9 (B) in paragraph (2), in the undesignated 

10 matter following subparagraph (F), by inserting 

11 ‘‘, Tribal,’’ after ‘‘by a Federal’’. 

12 (c) DELAYED NOTICE.—Section 2705(a)(1)(B) of 

13 title 18, United States Code, is amended by inserting ‘‘, 

14 Tribal,’’ after ‘‘by a Federal’’. 

15 (d) CIVIL ACTION.—Section 2707(g) of title 18, 

16 United States Code, is amended, in the second sentence, 

17 by inserting ‘‘Tribal,’’ after ‘‘State,’’. 

18 (e) WRONGFUL DISCLOSURE OF VIDEO TAPE RENT19 AL OR SALE RECORDS.—Section 2710 of title 18, United 

20 States Code, is amended— 

21 (1) in subsection (b)(2)(C), by inserting after 

22 ‘‘an equivalent State warrant,’’ the following: ‘‘a 

23 warrant issued by a Tribal court using the warrant 

24 procedures described in section 202(a)(2) of Public 


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•S 4842 IS

1 Law 90–284 (commonly known as the ‘Indian Civil 

2 Rights Act of 1968’) (25 U.S.C. 1302(a)(2)),’’; and 

3 (2) in subsection (d), by striking ‘‘or a political 

4 subdivision of a State’’ and inserting ‘‘a political 

5 subdivision of a State, or an Indian Tribe’’. 

Æ 


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