[Congressional Record Volume 144, Number 13 (Monday, February 23, 1998)]
[Senate]
[Pages S839-S845]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRASSLEY:
  S. 1667. A bill to amend section 2164 of title 10, United States 
Code, to clarify the eligibility of dependents of United States Service 
employees to enroll in Department of Defense dependents schools in 
Puerto Rico; to the Committee on Armed Services.


               department of defense schools legislation

  Mr. GRASSLEY. Mr. President. I would like to draw attention to a 
problem in our drug control program. It concerns something that the 
Department of Defense (DoD) is not doing. And frankly it's embrassing. 
Today, the men and women of federal law enforcement constantly put 
their lives at risk in an effort to fight the increasing flow of 
illicit drugs into our country. Not only do we face the threat of an 
increase of drugs in our children's schools and on our streets, but our 
law enforcement officers continue to face a rising tide of violence at 
our borders and in our cities as a result of the drug trade. We 
continue to see the flow of narcotics across the Southern tier of the 
U.S. to include Puerto Rico. Law enforcement personnel, with their 
commitment to the mission to fight the war on drugs, work many long 
hours, sometimes late into the evening and are subject to changes in 
their schedules at a moment's notice. The families of these officers 
also feel the pressures of the job they perform. This brings me to the 
point I would like to make.
  The front lines of the U.S. Customs Service do not involve just a 
problem of gun-toting drug thugs. Agents face more than long hours and 
risky situations. While they deal with all these things, they must 
shoulder the additional burden of coping with bureautic bumbledom. This 
added load is a result of DoD officiousness and unwillingness to 
cooperate. The language of instruction in Puerto Rico public schools is

[[Page S845]]

Spanish and not English. Therefore, the only affordable English-
language school option for U.S. Customs personnel is the DoD school. 
However, current legislation and DoD policy is creating a hardship for 
Customs employees and their families. This unnecessarily affects our 
counter-drug efforts by undermining morale.
  It is understanding that the children of these law enforcement 
personnel have been attending DoD schools in Puerto Rico for more than 
20 years. Throughout the years, changes in legislation and DoD policy 
have placed numerous restrictions on Customs and other Federal civilian 
agencies. Customs has recently augmented its workforce in Puerto Rico 
under its Operation Gateway initiative in light of the continuing and 
heightened threat of narcotics smuggling and money laundering in the 
Caribbean Basin. I supported this initiative.
  This session I will also stress the need for better coordination of 
our interdiction strategy, particularly the need to develop a 
``Southern Tier'' concept. This initiative will strive to focus 
resources in a more comprehensive way to protect our southern frontier. 
Puerto Rico is crucial to this strategy. Current legislation and DoD's 
policy requirements are, however, obstacles to the effective 
implementation of this aggressive enforcement initiative in terms of 
recruitment and retention of Customs employees because, as I stated 
earlier, there are no English speaking public schools in Puerto Rico.
  In my view, it is unfair that Customs agents and Inspectors in Puerto 
Rico--the men and women who deal daily with difficult and dangerous 
situations--should find their attention distracted by something like 
this.
  The U.S. Customs Service interdicts more drugs than any other 
Government Agency. Based on the size of the workforce of Customs in 
Puerto Rico, their critical law enforcement mission, the difficulty in 
recruiting, and the negative effect this policy is having on their 
employees and families (over 150 children of Customs employees are 
currently enrolled in the program), I would like to see a swift 
solution to these problems.
  Recently, a Customs' Special Agent was killed in an accident while 
assisting the U.S. Secret Service on a Presidential detail. This 
highlights another problem. My legislation would also address a concern 
raised by this case. It happens that the children of this agent 
currently attend classes in the DoD school in Puerto Rico. It is my 
understanding that a letter from the Secretary of the Treasury was sent 
to the Secretary of Defense requesting that these children be able to 
continue to attend classes in the DoD school program for the remainder 
of their education. So far, DoD has dragged its feet and has not 
resolved the matter. What is unfortunate is that at the end of the 
year, these children will no longer be eligible to attend the DoD 
school.
  My staff has communicated with DoD to resolve these problems. But DoD 
has not been very responsive. I personally wrote the Secretary of 
Defense to work out a solution. I got a response from a low-level 
bureaucrat who responded just like, well, a bureaucrat. The answer was, 
``nothing can be done'', that the solution is to ``change the 
legislation''.
  Mr. President, I plan to do just that. Today, I am introducing 
legislation that would clarify the eligibility of Customs Service 
employee dependents to enroll in the Department of Defense Schools in 
Puerto Rico. This bill is essential in order to address the current 
problems that I have described for these employees and their families. 
I look forward to working with my colleagues to ensure that our efforts 
to protect our country from illicit drugs is effective and adequately 
supported. I hope that my colleagues will look at this legislation and 
join me in sponsoring this bill. It is enough of a burden on the 
families of the dedicated men and women who labor to protect our 
borders without further weighing them down with senseless red tape.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1667

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CLARIFICATION OF ELIGIBILITY OF CUSTOMS SERVICE 
                   EMPLOYEE DEPENDENTS TO ENROLL IN DEPARTMENT OF 
                   DEFENSE DEPENDENTS SCHOOLS IN PUERTO RICO.

       (a) Clarification.--Section 2164(c) of title 10, United 
     States Code, is amended by adding at the end the following:
       ``(4)(A) A dependent of a United States Customs Service 
     employee who resides in Puerto Rico but not on a military 
     installation may enroll in an educational program provided by 
     the Secretary pursuant to subsection (a) in Puerto Rico.
       ``(B) Notwithstanding the limitation on duration of 
     enrollment set forth in paragraph (2), a dependent described 
     in subparagraph (A) who is enrolled in an education program 
     described in that subparagraph may be removed from the 
     program only for good cause (as determined by the Secretary).
       ``(C) In the event of the death in the line of duty of an 
     employee described in subparagraph (A), a dependent of the 
     employee may remain enrolled in an educational program 
     described in that subparagraph until--
       ``(i) the dependent completes the secondary education 
     associated with such educational program; or
       ``(ii) the dependent is removed for good cause (as so 
     determined).''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall take effect on the date of enactment of this Act and 
     apply to academic years beginning on or after that date.
                                 ______