S. 1574 – Tribal Access to Electronic Evidence Act

AI-Generated Summary

Updated September 30, 2026 at 5:51 AM UTC

The Tribal Access to Electronic Evidence Act amends the Stored Communications Act so that tribal courts are treated as courts of competent jurisdiction for obtaining electronic communications. It adds definitions for "Indian Tribe" and "Tribal court" and updates the law to allow tribal warrants to be used in the same way as federal, state, and military warrants. The changes affect law‑enforcement agencies, electronic service providers, and anyone seeking electronic evidence in tribal courts.

Key Provisions

Adds "Tribal court" to the list of courts that can issue warrants under the Stored Communications Act.
Defines "Indian Tribe" and "Tribal court" for purposes of the Act.
Allows tribal courts to issue warrants for electronic communications stored 180 days or less, using procedures required by the Indian Civil Rights Act.
Updates language throughout the Act to include tribal courts in requirements for disclosure, delayed notice, civil actions, and wrongful disclosure of records.
Expands the definition of "governmental entity" to include Indian tribes and their political subdivisions.

Legislative Activity

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4 earlier actions

SenateFloor Latest Action

Passed Senate with an amendment by Unanimous Consent. (text: CR S5184)

September 29, 2026

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SenateIntro Referral

Introduced in Senate

May 1, 2025

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

Judiciary Committee

May 1, 2025

SenateCommittee

Senate Committee on the Judiciary discharged by Unanimous Consent.

Judiciary Committee

September 29, 2026

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S5184)

September 29, 2026

SenateFloor

Passed Senate with an amendment by Unanimous Consent. (text: CR S5184)

September 29, 2026

Floor Debate

1 member

What members said about S. 1574 on the floor

1 Republican

Sen. John ThuneR-SD · Sep 29, 2026

Madam President, I ask unanimous consent that the Committee on the Judiciary be discharged from further consideration of S. 1574 and the Senate proceed to its immediate consideration. Madam…

Bill Text

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Engrossed in SenateIssued September 29, 2026

119th CONGRESS

2d Session

S. 1574

AN ACT

To amend the Stored Communications Act to include Tribal courts as courts of competent jurisdiction.

1.

Short title

This Act may be cited as the Tribal Access to Electronic Evidence Act.

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.

Passed the Senate September 29, 2026.

Secretary