[Congressional Record Volume 147, Number 159 (Friday, November 16, 2001)]
[Extensions of Remarks]
[Page E2112]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CONFERENCE REPORT ON H.R. 2500, DEPARTMENTS OF COMMERCE, JUSTICE, AND 
  STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2002

                                 ______
                                 

                               speech of

                   HON. CHARLES W. ``CHIP'' PICKERING

                             of mississippi

                    in the house of representatives

                      Wednesday, November 14, 2001

  Mr. PICKERING. Mr. Speaker, I rise to express my strong support of 
language in the Commerce, Justice, State Appropriations Conference 
Report for FY 2002 directing the Department of Justice to fund the 
building of a jail facility for the Mississippi Band of Choctaw 
Indians. I would like to thank Chairman Wolf and Ranking Member Serrano 
for including language in the conference report to address the law 
enforcement needs of the Choctaws.
  It has taken the Tribe over 4 years to reach the point of obtaining 
funding after the Congress directed the Department of Justice to fund 
the design phase of the detention facility in the FY 1998 Commerce, 
Justice, State Conference Report. The Choctaws have encountered many 
obstacles as they sought to satisfy both the Bureau of Indian Affairs 
and the Justice Department through compliance with their varying 
jurisdictions, regulations, and interpretations of law enforcement for 
Indian tribes. These delays have resulted in a deterioration of law 
enforcement, disrespect for the tribal courts and an escalation in the 
costs of the facility. Further delay will only exacerbate these 
problems. The Choctaw Tribe is firm in its view that detention is 
essential to the maintenance of law and order on the Choctaw 
Reservation. The detention facility currently being used was built in 
1973 by the Bureau of Indian Affairs as a temporary holding facility 
designed to hold 18 prisoners for up to 72 hours. Today, an average of 
33 offenders are being held daily. Due to the lack of space, only the 
most serious and repeat offenders are incarcerated to serve time, The 
lack of space has also hindered the courts and law enforcement 
officials because judges have to rely on ``deferred sentencing.'' 
Simply put, the current facility is inadequate to meet existing needs, 
not to mention the projected law enforcement needs of the Tribe and its 
growing population.
  I would also like to point out that two studies performed in 1992 
found the facility to be ``not fit for human habitation'' and 
``structurally flawed and essentially inoperable.'' The first study was 
completed in October 1992 by the National Institute of Corrections, 
U.S. Department of Justice. The second was completed in December 1992 
by the U.S. Public Health Services, Office of Engineering Services, in 
New York, New York. Tribal funds were used to correct the most 
egregious life safety code violations and to renovate a small portion 
of the facility to house more juveniles. Yet with these and other 
continuing efforts, the current facility still poses a threat to 
inmates, staff, and the public.
  To ensure the Choctaws can exercise fully and fairly its sovereign 
responsibility to protect all people and property on its reservation, 
they have sought funding from the U.S. Department of Justice for 
construction of a new jail facility to house both adults and juvenile 
offenders. The conference language will allow the Department of Justice 
to expedite the allocation of FY 2002 funds to the Choctaws so 
construction on the new detention facility can begin as soon as 
possible.
  The Mississippi Choctaws have worked tirelessly to preserve the 
integrity of the Tribe's law enforcement services on the reservation, 
despite the lack of an appropriate detention facility. I am pleased 
that my colleagues on the Appropriations Committee have recognized the 
great need to fund this important project. I look forward to working 
with the Mississippi Choctaws and the Department of Justice to ensure 
the Tribe's law enforcement needs are addressed.

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