PROTECT Act of 2025

Full Title:
PROTECT Act of 2025

Summary#

This bill, the PROTECT Act of 2025, changes several federal laws to give Tribal courts new roles and to expand Tribal criminal jurisdiction. It adds Tribal courts as "courts of competent jurisdiction" under the Stored Communications Act. That means a Tribal court can issue warrants, using procedures from the Indian Civil Rights Act, to require electronic communication providers to disclose some stored communications. The bill also updates rules about delayed notice, civil actions, and wrongful disclosure of video rental or sale records to include Tribal courts and Indian Tribes.

The bill also amends the Indian Civil Rights Act to add two kinds of crimes to Tribe criminal jurisdiction: (1) "controlled substance-related offenses," defined to include drug trafficking, unlawful possession, and illegal possession of drug paraphernalia (with definitions referencing the federal Controlled Substances Act); and (2) "firearms offenses," defined to include use or possession of a firearm in furtherance of a covered crime or possession by a person previously convicted of domestic violence. The bill adds these offenses to the list of crimes for which Tribes may exercise certain special criminal jurisdiction.

Finally, the bill changes the Tribal Law and Order Act so the Bureau of Prisons Tribal prisoner program can include people convicted under the special Tribal criminal jurisdiction described in the amended Indian Civil Rights Act.

What it means for you#

  • Tribal members and people on Tribal land: Tribal courts could issue warrants under Tribal procedures to access some electronic communications and could prosecute a wider range of drug- and firearms-related crimes under Tribal law.
  • Electronic communications providers: Providers may be required to disclose certain communications in response to Tribal court warrants that follow the Indian Civil Rights Act warrant procedures.
  • People charged with crimes on Tribal land: Some drug and firearms offenses may be tried under Tribal law where the Tribe has jurisdiction.
  • Federal Bureau of Prisons program participants: People convicted under the expanded Tribal criminal jurisdiction may be eligible for the Tribal prisoner program.

Expenses#

No publicly available information. The bill text does not include cost estimates or budgetary details.

Proponents' View#

The bill text shows its purpose is to add Tribal courts as courts of competent jurisdiction under the Stored Communications Act and to give Tribes special criminal jurisdiction over controlled substance-related offenses and certain firearms offenses. Supporters introduced the bill to make those statutory changes and to allow Tribal prisoners convicted under that jurisdiction to access the Bureau of Prisons Tribal prisoner program.

Opponents' View#

No publicly available information.