SENATE · 119TH CONGRESS
Adopted∅UNANIMOUS CONSENTREPLACES THE TEXT
Recognize qualifying Tribal courts for electronic evidence requests
S.Amdt. 6844 to S. 1574, Tribal Access to Electronic Evidence Act. Offered by Sen. Catherine Cortez Masto (D-NV).
—NO RECORDED VOTEUnanimous consentNO ONE OBJECTED
- FILEDSEP 29, 2026
- CALLED UPSEP 29, 2026
- DECIDEDSEP 29, 2026
YOUR TAKEDo you agree with the outcome?
WHAT IT WOULD CHANGE
In plain English
WHAT IT DOES
Recognizes qualifying Tribal courts as courts of competent jurisdiction under the Stored Communications Act, allowing them to seek stored communications and records from providers through legal process. Warrants for communications stored 180 days or less must follow procedures that comply with the Indian Civil Rights Act.
NOW THAT IT WAS ADOPTED
Qualifying Tribal courts can use warrants and other legal process to obtain stored electronic communications and related records from providers, subject to specified procedures.
WORTH KNOWING
- Adopted, not yet law. This amendment was agreed to and is now part of the bill's text — but the bill itself has not become law. Real-world effect depends on whether the parent bill ultimately passes.
- Effect depends on parent bill. Even if this amendment is adopted, it only takes real-world effect if the parent bill ultimately becomes law. Most bills don't.
- Substitute — replaces text. A substitute amendment replaces the parent bill's entire text (or a major section) with new language. If adopted, the bill becomes the substitute — original text is gone.
SUMMARY WRITTEN FROM THE AMENDMENT TEXT AND ITS STATED PURPOSE · REPORT AN ERROR
THE TEXT, AS A REDLINESTRUCKINSERTED
STRUCKINSERTEDFull text on Congress.gov ↗
Strikeall after the enacting clauseand insert the following:SECTION 1. SHORT TITLE.
This Act may be cited as the “Tribal Access to Electronic Evidence Act”.
SEC. 2. TRIBAL COURTS AS COURTS OF COMPETENT JURISDICTION UNDER STORED COMMUNICATIONS ACT.
(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”.
WHERE IT SITS IN THE BILL
The only Senate amendment filed to S. 1574
- S. 1574 · BILLTribal Access to Electronic Evidence Act
- S.Amdt. 6844 · SUBSTITUTERecognize qualifying Tribal courts for electronic evidence requests
An amendment can amend the bill or another amendment. A substitute replaces the whole bill text; amendments to it are “first degree”, and amendments to those are “second degree”.
THE BILL · S. 1574
IntroducedPassed SenatePassed HouseBoth agreedSigned
Passed the Senate; the House has not passed it yet. Latest action Sep 29, 2026.
THE VOTE
Why there’s no roll call
Adopted by unanimous consent
A senator asked to adopt it and no one objected. That’s a common way to settle uncontroversial amendments, but it leaves no member-by-member record.
FROM THE RECORD “Amendment SA 6844 agreed to in Senate by Unanimous Consent.”
YOUR TAKEDo you agree with the outcome?
WHO’S BEHIND IT
Sponsor and cosponsors
SPONSORSen. Catherine Cortez MastoDEMOCRAT · NV- 127
- FILED THIS CONGRESSFILED
- 2
- GOT A ROLL CALLGOT A VOTE
- 2
- ADOPTEDADOPTED
Senate median this Congress: 39 filed, 1 adopted.
COSPONSORS0
No cosponsors.
WHERE IT SITS IN THE BILL
The only Senate amendment filed to S. 1574
- S. 1574 · BILLTribal Access to Electronic Evidence Act
- S.Amdt. 6844 · SUBSTITUTERecognize qualifying Tribal courts for electronic evidence requests
How to read the tree
An amendment can amend the bill or another amendment. A substitute replaces the whole bill text; amendments to it are “first degree”, and amendments to those are “second degree”.
AMENDMENTS TO S. 1574101
THE BILL · S. 1574
STAGE 2 OF 5 · PASSED SENATE
Passed the Senate; the House has not passed it yet. Latest action Sep 29, 2026.
OTHER AMENDMENTS TO S. 1574
SOURCE: CONGRESS.GOV AMENDMENT ACTIONS AND TEXT; SENATE.GOV ROLL CALLS · S.Amdt. 6844 on Congress.gov ↗
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