Washington, D.C. – Today, U.S. Senators Catherine Cortez Masto (D-Nev.) and Mike Rounds (R-S.D.) reintroduced the Tribal Access to Electronic Evidence Act, bipartisan legislation to provide Tribal courts the same ability to issue warrants for electronic evidence – such as emails, social media messages, and other online communications – as their non-Tribal counterparts.
“All law enforcement agencies across the Silver State should have the same access to electronic evidence needed to deliver justice and closure to the victims of crimes and their families,” said Senator Cortez Masto. “It is time that Congress pass this commonsense, bipartisan legislation to give Tribes the tools they need to protect their communities.”
The commission created by Cortez Masto’s Not Invisible Act — which was signed into law alongside her Savanna’s Act in October 2020 — issued a report with dozens of recommendations to improve the federal response to the Missing and Murdered Indigenous Women (MMIW) crisis. One key congressional recommendation was to address the challenges Tribes face in accessing essential electronic information for criminal investigations. The bipartisan Tribal Access to Electronic Evidence Act would amend current law to:
- Include courts of federally recognized Tribes as “courts of competent jurisdiction” under the Stored Communications Act,
- Require Tribal courts to adhere to warrant procedures described in the Indian Civil Rights Act to access electronic information, and
- Recognize Tribes as a government entity under the federal statute.
This bipartisan bill has been endorsed by the National Native American Bar Association, the National American Indian Court Judges Association, and the National Native American Law Enforcement Association.
The full text of the legislation can be found here.
Senator Cortez Masto has long been a champion for Tribal communities. Last year, the Senate passed both her legislation to make it easier for Indian Health Services to recruit and retain doctors and her legislation to strengthen Tribal public safety. She repeatedly called on the Biden administration to do more to address the epidemic of violence against Native women and girls, including securing federal funding to protect Native communities, urging the administration to draft a plan to address this issue, and requesting the Government Accountability Office (GAO) investigate the federal response to this crisis.
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