[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9310 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9310
To amend title 18, United States Code, to provide Tribal courts and law
enforcement with more tools to combat the opioid epidemic.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 6, 2024
Mr. Larsen of Washington (for himself, Mr. Zinke, Mr. Kilmer, Mr. Cole,
Mr. Smith of Washington, Ms. Perez, and Ms. Davids of Kansas)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on Natural Resources,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to provide Tribal courts and law
enforcement with more tools to combat the opioid epidemic.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection for Reservation Occupants
against Trafficking and Evasive Communications Today Act of 2024'' or
the ``PROTECT Act of 2024''.
SEC. 2. TRIBAL COURT SEARCH WARRANT PARITY FOR ELECTRONIC
COMMUNICATIONS.
Chapter 121 of title 18, United States Code, is amended--
(1) in section 2703--
(A) in subsection (a), by striking ``issued using
State warrant procedures and,'' and inserting ``issued
using State warrant procedures, or, in the case of a
Tribal court, issued using the warrant procedures
described in section 202 of the Civil Rights Act of
1968 (25 U.S.C. 1302), or,'';
(B) in subsection (b)(1)--
(i) in subparagraph (A), by striking
``issued using State warrant procedures and,''
and inserting ``issued using State warrant
procedures, or, in the case of a Tribal court,
issued using warrant procedures described in
section 202 of the Civil Rights Act of 1968 (25
U.S.C. 1302), or,''; and
(ii) in subparagraph (B)(i), by striking
``authorized by a Federal or State statute''
and inserting ``authorized by a Federal,
Tribal, or State statute''; and
(C) in subsection (c)(1)(A), by striking ``issued
using State warrant procedures and,'' and inserting
``issued using State warrant procedures, or, in the
case of a Tribal court, issued using the warrant
procedures described in section 202 of the Civil Rights
Act of 1968 (25 U.S.C. 1302), or,''; and
(2) in section 2711--
(A) in paragraph (3)--
(i) in subparagraph (B) by striking ``or''
at the end;
(ii) in subparagraph (C) by striking
``and'' at the end and inserting ``or''; and
(iii) by inserting at the end the
following:
``(D) a court established by the governing body of
any Indian or Alaska Native tribe, band, nation,
pueblo, village, community, component band, or
component reservation individually identified
(including parenthetically) on the list published by
the Secretary under section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).''; and
(B) in paragraph (4), by inserting before the
period at the end the following: ``, or the governing
body of any Indian or Alaska Native tribe, band,
nation, pueblo, village, community, component band, or
component reservation individually identified
(including parenthetically) on the list published by
the Secretary under section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131)''.
SEC. 3. TRIBAL JURISDICTION OVER DRUG TRAFFICKING, RELATED OFFENSES,
AND FIREARMS.
Section 204 of the Civil Rights Act of 1968 (25 U.S.C. 1304) is
amended--
(1) in subsection (a)--
(A) in paragraph (5)--
(i) in subparagraph (H) by striking ``and''
at the end;
(ii) in subparagraph (I) by striking the
period at the end and inserting a semicolon;
and
(iii) by inserting at the end the
following:
``(J) drug trafficking and related offenses; and
``(K) firearms offense.''; and
(B) by inserting at the end the following:
``(18) The term `drug trafficking and related offenses'
means a violation of the criminal law of the Indian tribe that
has jurisdiction over the Indian country where the violation
occurs that involves the manufacture, delivery, or possession,
or attempt or conspiracy to do the same, of--
``(A) a controlled substance as defined in section
102 of the Controlled Substances Act, (21 U.S.C. 802);
``(B) a counterfeit substance as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802);
or
``(C) drug paraphernalia, as defined in section
422(d) of the Controlled Substances Act (21 U.S.C.
863(d)).
``(19) The term `firearms offense' means a violation of the
criminal law of the Indian tribe that has jurisdiction over the
Indian country where the violation occurs that involves the use
or possession of a firearm in furtherance of a covered crime or
the use or possession of a firearm by a person who has been
convicted of domestic violence.''; and
(2) in subsection (b)(4)(A), by striking ``or assault of
Tribal justice personnel,'' and inserting ``, assault of Tribal
justice personnel, drug trafficking or related offenses, or a
firearms offense,''.
SEC. 4. BUREAU OF PRISONS TRIBAL PRISONER PROGRAM.
Paragraph (2)(B) of section 234(c) of the Tribal Law and Order Act
of 2010 (25 U.S.C. 1302a) is amended by inserting ``or offenders
convicted pursuant to the exercise of special Tribal criminal
jurisdiction described in section 204 of the Civil Rights Act of 1968
(25 U.S.C. 1304)'' after ``(comparable to the violent crimes described
in section 1153(a) of title 18)''.
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