To require a study of tribal justice systems.

SA 4021. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 3899 proposed by Mr. Dorgan (for himself, Ms. Murkowski,
Mr. Baucus, Mr. Kennedy, Mr. Smith, Mr. Nelson of Nebraska, and Mr.
Salazar) to the bill S. 1200, to amend the Indian Health Care
Improvement Act to revise and extend the Act; which was ordered to lie
on the table; as follows:

On page 347, after line 24, add the following:

SEC. 104. GAO STUDY OF TRIBAL JUSTICE SYSTEMS.

(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct, and submit to Congress a report
describing the results of, a study of the tribal justice
systems of Indian tribes located in the States of North
Dakota and South Dakota.
(b) Inclusions.--The study under subsection (a) shall
include, with respect to the tribal system of each Indian
tribe described in subsection (a) and the tribal justice
system as a whole--
(1)(A) a description of how the tribal justice systems
function, or are supposed to function; and
(B) a description of the components of the tribal justice
systems, such as tribal trial courts, courts of appeal,
applicable tribal law, judges, qualifications of judges, the
selection and removal of judges, turnover of judges, the
creation of precedent, the recording of precedent, the
jurisdictional authority of the tribal court system, and the
separation of powers between the tribal court system, the
tribal council, and the head of the tribal government;
(2) a review of the origins of the tribal justice systems,
such as the development of the systems pursuant to the Act of
June 18, 1934 (25 U.S.C. 461 et seq.) (commonly known as the
``Indian Reorganization Act''), which promoted tribal
constitutions and addressed the tribal court system;
(3) an analysis of the weaknesses of the tribal justice
systems, including the adequacy of law enforcement personnel
and detention facilities, in particular in relation to crime
rates; and
(4) an analysis of the measures that tribal officials
suggest could be carried out to improve the tribal justice
systems, including an analysis of how Federal law could
improve and stabilize the tribal court system.
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