H.R. 3773: Protection for Reservation Occupants against Trafficking and Evasive Communications Today Act of 2025

This bill, titled the Protection for Reservation Occupants against Trafficking and Evasive Communications Today Act of 2025 (or PROTECT Act of 2025), aims to enhance the legal framework surrounding the jurisdiction and authority of Tribal courts, particularly regarding communications and law enforcement matters.

Changes to the Stored Communications Act

The bill proposes amendments to the Stored Communications Act, which governs how electronic communications can be accessed by governmental entities. The changes include:

• Inclusion of Tribal Courts: Tribal courts would be recognized as courts of competent jurisdiction. This means that they can issue warrants for accessing electronic communications.
• Disclosure Requirements: New provisions outline how a governmental entity can require the disclosure of electronic communications stored for 180 days or less, mandating that such requests must come with a warrant from a Tribal court, along with specific procedures to follow.
• Delayed Notices: Amendments will allow for delays in notifying individuals about the disclosure of their communications, applicable to Tribal warrants as well.
• Civil Actions & Wrongful Disclosure: The bill expands civil actions regarding the wrongful disclosure of certain types of records to include Tribal entities.

Tribal Jurisdiction over Controlled Substances and Firearms

The legislation also expands the scope of Tribal authority over criminal matters related to controlled substances and firearms:

• Controlled Substances: The bill allows Tribal courts to have jurisdiction over offenses pertaining to drug trafficking, unlawful possession of drugs, and related paraphernalia.
• Firearms Offenses: It defines "firearms offenses" as violations concerning the use or possession of firearms in connection with certain crimes, further empowering Tribal authorities to handle these matters legally.

Amendments to Existing Laws

To facilitate these changes, the bill amends various provisions in the Indian Civil Rights Act of 1968 and the Tribal Law and Order Act of 2010, ensuring that Tribal laws can be effectively applied to offenses that fall under their jurisdiction.

Bureau of Prisons Tribal Prisoner Program

The bill also proposes modifications to the Bureau of Prisons' Tribal Prisoner Program, allowing for offenders convicted under Tribal law to be included within specific programs designed for violent crime offenders, thereby recognizing the seriousness of offenses adjudicated in Tribal courts.

Relevant Companies

None found.