[Congressional Record Volume 141, Number 198 (Wednesday, December 13, 1995)]
[Senate]
[Pages S18559-S18564]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. SNOWE (for herself and Mr. Mack):
  S. 1473. A bill to authorize the Administrator of General Services to 
permit the posting in space under the control of the Administrator of 
notices concerning missing children, and for other purposes; to the 
Committee on Environment and Public Works.


                      Missing Children Legislation

 Ms. SNOWE. Mr. President, I introduce a small but important 
piece of legislation designed to assist parents in times of terrible 
crisis and need, times that every parent has nightmares about--when 
their children are missing.
  Imagine the horror of discovering that your child is missing. Imagine 
the pain and emotion that overcomes a family at such a time. Imagine 
the strength and dedication that such families muster in order to do 
everything possible to locate that child. And imagine how this horror 
and devastation becomes compounded by senseless Government regulations 
which hinder their efforts to locate their children.
  Consider the tragic experience of Claudine and Don Ryce, the parents 
of Jimmy Ryce, a 10-year-old Florida boy who disappeared on September 
11 of this year. Jimmy disappeared somewhere in the three square blocks 
between his school bus stop and his home.
  Tragically, Jimmy's body was found late last week. I extend my 
deepest sympathy, and my most sincere condolences, to his family.
  I want Jimmy's parents to know that I heard about the frustration 
they encountered as they searched for their son. I want them to know 
that Congress will do something to rectify this. Today, I want to break 
down one barrier that they encountered in their vigilant efforts to 
locate their son.
  Jimmy's parents tell the story of how simple tasks, such as posting 
notices in Federal buildings with Jimmy's picture on it, were 
frustrated by senseless Government regulation. They tell of how, with 
the assistance of the FBI, they would post these notices in one Federal 
agency building, only to have them removed by employees of another 
agency. Imagine how frustrating this must be to parents of missing 
children. How frustrating this must be, especially since photographs of 
missing children are the most effective tool we have for locating these 
children.
  Unfortunately, far too many children are missing in this country. A 
1990 study by the Department of Justice--the most recent study on this 
issue--found that in 1988 there were as many as:
  114,600 attempted abductions of children by non-family members;
  4,600 abductions by non-family members reported to the police;
  300 abductions by non-family members where the children were gone for 
long periods of time or were murdered;
  354,000 children abducted by family members;
  450,700 children who ran away; and
  438,200 children who were lost, injured or otherwise missing.
  Moreover, the National Crime Information Center reports that 
approximately 60,000 children are missing at any given time.
  The legislation that I introduce today is designed to help the 
parents of these missing children by eliminating one barrier that 
Jimmy's parents faced in their search for their son.
  This legislation amends the Protection of Public Property Act, which 
empowers the General Services Administration [GSA] to set rules 
governing Federal property under its control. Currently, Federal 
regulations issued by the GSA prohibit the posting of materials on 
Federal property. My bill directs the GSA to make a very important 
exception to these rules, and requires the GSA to draft regulations 
allowing the posting of notices designed to locate missing children. It 
also ensures that Federal employees cannot needlessly remove these 
posters.
  As Jimmy's father said, ``There are things the Government can do, 
simple things, that would make it easier to publicize'' that a child is 
missing. He also said that we need to ``turn these agencies into our 
allies.''
  Well, Mr. Ryce, you are correct, and I believe that this legislation 
will do just that.
                                 ______

      By Mr. HATCH:
  S. 1474. A bill to provide new authority for probation and pretrial 
services officers, and for other purposes.

[[Page S18560]]



          probation and pretrial services officers legislation

  Mr. HATCH. Mr. President, today I introduce a bill that would grant 
Federal probation and pretrial services officers authority to carry 
firearms, when approved by the appropriate district court, under rules 
prescribed by the Administrative Office of the U.S. Courts.
  To add that new authority, the bill amends 18 U.S.C. 3603, which sets 
out the duties of probation officers, and 18 U.S.C. 3154, which 
establishes the functions of pretrial services officers. The change 
will permit those officers to carry firearms as they perform their 
important and frequently dangerous duties.
  State law currently governs whether Federal probation and pretrial 
services officers may carry weapons; that law is inconsistent from 
State to State. Research by the Administrative Office of the U.S. 
Courts shows that only three States give specific authority to Federal 
probation and pretrial services officers to carry weapons. Forty-four 
States authorize Federal probation officers to carry firearms based 
either on statutory authority given to State probation officers or 
peace officers, or on State attorney general opinions. Although some of 
those States similarly authorize Federal pretrial services officers to 
carry firearms, at least 14 of them have neglected to extend that 
authority to those officers.
  More important, certain States prohibit Federal probation and 
pretrial services from carrying weapons even where the officer has 
court approval to do so. Officers in those jurisdictions are left 
vulnerable to serious harm or death. A 1993 study undertaken by the 
Federal Probation and Pretrial Officers Association revealed that, in 
the Federal and local systems, 1,818 serious assaults and 792 attempted 
assaults against probation and pretrial services officers occurred 
between 1980 and 1992. The study acknowledges that those numbers 
probably understate the actual figures since some jurisdictions did not 
respond the association's study.
  In my view, the risks faced by Federal probation and pretrial 
services officers cannot be overemphasized. These officers risk their 
safety and their lives every day, often supervising violent offenders 
in situations that place them and others at risk of bodily harm. We 
should ensure that, wherever those officers are, they are authorized to 
carry a firearm.
  Not only does this bill address problems faced by officers who work 
out of jurisdictions in which they are not permitted to carry a 
firearm, but it addresses difficulties faced by officers who must cross 
State lines in the performance of their duties. Under current law, even 
officers who are authorized under one State's laws to carry weapons may 
still run afoul of another State's laws when they cross State lines. 
Without a Federal statute authorizing officers to carry firearms, they 
may be acting illegally when they cross State lines to perform their 
duties. Many Federal officers supervise offenders near a State border 
and must travel interstate to carry out their duties. An offender may 
have a nearby job in an adjacent State, for example, and the officer 
may need to travel to the job site to verify the offender's employment.

  Problems may also arise for officers who live in one State and work 
in another. For instance, officers who live in Wisconsin and work in 
Minnesota are not allowed to obtain a gun permit from Minnesota. 
Similar situations arise in other States. Officers may be unable to 
obtain licenses from the State in which they reside even though they 
may work in a neighboring State that permits some of it residents to 
carry firearms.
  These officers work in inherently dangerous environments. The Federal 
Probation and Pretrail Officers Association wrote to me on September 
15, 1995:

       Under enhanced supervision practices, we supervise in the 
     field, in the most crime-infested areas of urban environments 
     as well as in the most remote rural areas of urban 
     environments as well as in the most remote rural areas. [I]f 
     enacted, [the bill] would give all officers a significant 
     measure of support and protection which they certainly 
     deserve.

  I wholeheartedly agree.
  This bill will correct the current intolerable situation. The 
security of Federal probation and pretrial services officers should not 
be left to the vagaries of State law.
  Of course, these Federal officers will be fully trained and closely 
supervised in their use of firearms. Under the bill, probation and 
pretrial services officers will be permitted to carry firearms only 
pursuant to regulations promulgated by the Director of the 
Administrative Office of the U.S. courts. The Administrative Office has 
informed me that these regulations would include extensive training and 
safety requirements, and that most of them are already in effect for 
those officers authorized to carry firearms.
  Mr. President, I ask unanimous consent that the full 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. 1474

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

     SECTION 1. NEW AUTHORITY FOR PROBATION AND PRETRIAL SERVICES 
                   OFFICERS.

       (a) Probation Officers.--Section 3603 of title 18, United 
     States Code, is amended--
       (1) by striking ``and'' at the end of paragraph (8)(B);
       (2) by redesignating paragraph (9) as paragraph (10); and
       (3) by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) if approved by the district court, be authorized to 
     carry firearms under such rules and regulations as the 
     Director of the Administrative Office of the United States 
     Courts may prescribe; and''.
       (b) Pretrail Services Officers.--Section 3154 of title 18, 
     United States Code, is amended--
       (1) by redesignating paragraph (13) as paragraph (14); and
       (2) by inserting after paragraph (12) the following new 
     paragraph:
       ``(13) As approved by the district court, carry firearms 
     under such rules and regulations as the Director of the 
     Administrative Office of the United States Courts may 
     prescribe.''.
      By Mr. STEVENS (for himself and Mr. Murkowski):
  S. 1475. A bill to provide an antitrust exemption for persons engaged 
in the fishing industry and for other purposes; to the Committee on the 
Judiciary.


                  THE FISHING INDUSTRY BARGAINING ACT

 Mr. STEVENS. Mr. President, today I am introducing the Fishing 
Industry Bargaining Act, a bill to provide antitrust immunity to 
fishermen and fish processors which would allow them to collectively 
agree on the prices paid to fishermen and on the minimum price fish 
processors will accept for the sale of processed fish products.
  Senator Murkowski joins me as a cosponsor of this legislation.
  We are introducing the bill because the Alaska State Legislature 
enacted a State law to confer identical antitrust immunity on Alaska 
fishermen and processors.
  The changes to Alaska law will only have effect if the changes we are 
proposing to Federal law are enacted.
  Our bill would add a new section to the act approved on June 25, 
1934, which authorizes producers of aquatic products to form 
associations, to allow fishermen and fish processors to collectively 
agree on prices.
  The bill would prevent fish processors from agreeing on prices unless 
fishermen participated in the agreement and are party to the agreement.
  This antitrust exemption would apply to fishermen and fish processors 
in all parts of the country, not just in Alaska.
  We look forward to hearing from the Alaska fishing industry and from 
the fishing industry in other parts of the country about the 
legislation.
  If there is support, we would hope to enact the bill sometime next 
year.
  I ask for unimous consent that the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1475

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Fishing 
     Industry Bargaining Act''.
       (b) Amendment to Act of 1934.--The Act approved June 25, 
     1934, authorizing associations of producers of aquatic 
     products (15 U.S.C. 1521 et seq.) is amended by inserting 
     after section 2 the following new section:
       ``Sec. 3. Persons engaged in the fishing industry as 
     fishermen, including fishermen acting through associations 
     allowed under section 1, may collectively agree with fish 
     processors, including fish processors acting through 
     associations of processors, on (1) the 

[[Page S18561]]
     price paid to the fishermen for aquatic products, and (2) the minimum 
     price that fish processors will accept for the sale of 
     processed aquatic products. Nothing in this section shall be 
     construed to allow fish processors to agree among themselves 
     on the price paid to fishermen or the minimum price that fish 
     processors will accept for the sale of processed aquatic 
     products if fishermen did not participate in the making of 
     the agreement and are not a party to the agreement.
                                 ______

      By Mr. KERRY (for himself and Mr. Kennedy):
  S. 1476. A bill to establish the Boston Harbor Islands National 
Recreation Area, and for other purposes; to the Committee on Energy and 
Natural Resources.


       boston harbor islands national recreation area legislation

  Mr. KERRY. Mr. President, today, I am pleased to join with Senator 
Kennedy in introducing legislation to establish the Boston Harbor 
Islands National Recreation Area. Our bill is the companion legislation 
to H.R. 2763, introduced yesterday by Congressman Gerry Studds and 
Peter Torkildsen. I especially want to acknowledge the enormous 
leadership efforts of Congressman Studds in preparing this initiative 
and I look forward to working with him and others in the months ahead 
to enact this legislation.
  Thirty-one islands sprinkled throughout Boston Harbor and the 
surrounding waterway would comprise the national recreational area. Our 
legislation is based upon a special resource study completed by the 
National Park Service in 1994 which found that the Boston Harbor 
Islands and surrounding area meet the Service's criteria for inclusion 
in the National Park System. However, trying to balance the need for 
fiscal restraint with the importance of protecting our national 
heritage, our bill is a much-scaled-down version of the one envisioned 
in the study. Our bill would fully utilize a unique partnership among 
the Federal, State, and local governments and the private sector and 
would require that at least 75 percent of the operational expenses for 
the park will come from non-Federal funding.
  Boston has a rich and diverse history and has been and remains the 
economic and cultural center of New England. Today, Boston is 
nationally and internationally renowned in fields such as higher 
education, health care, technology, transportation, and trade. 
Beginning centuries ago, Boston Harbor has played a significant role in 
shaping the city's and the region's direction and growth, and the 
harbor area contains some of the oldest and most significant historic 
sites in the Nation, dating from precolonial times.
  The islands themselves are rich in historical diversity, containing 
numerous military and maritime sites. In addition, there are important 
archaeological sites which chronicle the use and settlement of the 
harbor by native Americans from at least 9,000 years ago through the 
17th century. With its proximity to the city, the park would provide an 
excellent opportunity to thousands of people to enjoy its outstanding 
natural, historic, scenic, recreational, and educational values.
  As a National Recreation Area, the Boston Harbor Island and 
surrounding area would enhance the National Park System by promoting 
this nationally significant history while providing leisure attractions 
to the public. The park is projected to attract to the area an 
additional 500,000 visitors annually, create 700 new jobs, and bring an 
additional $200 million into the region's economy.
  In 1970, the Commonwealth of Massachusetts began to acquire the 
islands of Boston Harbor for the benefit of the public. Since that 
time, a significant effort has been made to clean up the waters of 
Boston Bay to again make it attractive to boating, fishing, and other 
recreational and commercial activities. During the 1980's, the citizens 
of the Greater Boston area have undertaken what may prove to be the 
largest water infrastructure project in North America which is intended 
to guarantee that the Boston Bay's ecological health will be good for 
the foreseeable future.
  The bill we are introducing would establish the Boston Harbor Islands 
partnership to coordinate the activities of Federal, State, and local 
authorities and the private sector in developing and implementing an 
integrated management plan for the islands. In addition, an advisory 
council would be established to provide representation for interested 
groups and organizations. This council would make recommendations to 
the partnership on issues including tourism, transportation, natural 
resources, cultural and historic resources, and fundraising.
  Finally, our legislation would require a ratio of at least three non-
Federal dollars for every Federal dollar spent on the park. Using 
limited Federal resources to leverage a significant local effort is a 
concept that merits support. By creating a national recreation area, we 
will preserve an important piece of our American heritage, give it the 
prominence and honor it richly deserves, accomplish all this with the 
Federal Government covering only a fraction of its cost, and facilitate 
the efforts of the Boston area to preserve its history and enhance 
recreational opportunities for its citizens and visitors.
  I am sure Senator Kennedy and I will be joined by the Massachusetts 
delegation and others as we work for passage of this important 
legislation. I am hopeful that the Congress will look favorably upon 
this initiative which would bring an important, historically 
significant addition to our National Park System without imposing great 
new financial burdens on it.
  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. 1476

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

     SECTION 1. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) Boston is the economic and cultural center of New 
     England and a city of national and international 
     significance;
       (2) the Boston metropolitan region plays a leadership role 
     in the areas of higher education, technology, health care, 
     transportation, and national and international trade;
       (3) Boston and the immediate region contain some of the 
     oldest, most valuable, and most visited historic sites in the 
     Nation, dating from precolonial times;
       (4) factors such as open space, parks, recreational 
     opportunities, and natural and cultural resource preservation 
     will help determine the region's success and long-term 
     economic and social viability into the 21st century;
       (5) Boston Harbor has been a major factor in shaping 
     Boston's growth, development, and sustained influence and 
     significance in New England and the Nation;
       (6) years of neglect and overuse of Boston Harbor resulted 
     in a serious decline in its water quality, but a major 
     cleanup effort is fostering the Harbor's renewal and 
     revitalization, making the Harbor once again a focal point 
     for the city and region;
       (7) the Boston Harbor Islands support invaluable natural 
     resources, rare in urban settings, that include fresh and 
     salt water marshes, dunes, woodlands, ledges and cliffs, and 
     habitat for wildlife and numerous bird species;
       (8) Boston Harbor and its islands, containing many 
     fortifications and other sites related to coastal defense, 
     played an important role in United States military and 
     maritime history from the colonial era to the Cold War;
       (9) Boston Harbor and its islands contain important 
     archaeological sites and underwater archaeological resources 
     that chronicle the use and settlement of the Harbor by Native 
     Americans from at least 9,000 years ago until the 17th 
     century;
       (10) the Boston Harbor Islands offer abundant opportunities 
     for public education on the attempts of society to deal with 
     urban problems and to protect the ecological health of the 
     Harbor;
       (11) the Boston Harbor Islands offer opportunities for 
     recreation, education, and public use and enjoyment in a 
     maritime setting that is in close proximity to a large urban 
     population;
       (12) the Boston Harbor Islands are located in a mixed use 
     area, including an active commercial seaport and the region's 
     busiest airport, the present and future operation of which 
     are essential for the economic stability of the region;
       (13) the Boston Harbor Islands possess outstanding natural, 
     historical, scenic, recreational, and educational values, and 
     there is a national interest in protecting and preserving 
     those values for residents and visitors of the area; and
       (14) a partnership among Federal, State, and local 
     governments and nonprofit organizations offers the best 
     opportunity for the enhancement and management of the Boston 
     Harbor Islands.
       (b) Purposes.--The purposes of this Act are--
       (1) to preserve for public use and enjoyment the lands and 
     waters that comprise the Boston Harbor Islands National 
     Recreation Area; 
     
[[Page S18562]]

       (2) to manage the recreation area in partnership with the 
     private sector, the Commonwealth of Massachusetts, 
     municipalities surrounding Massachusetts Bay and Cape Cod 
     Bay, the Thompson Island Outward Bound Education Center, and 
     The Trustees of Reservations and with historical, business, 
     cultural, civic, recreational, and tourism organizations; and
       (3) to improve access to the Boston Harbor Islands through 
     the use of public water transportation.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Advisory council.--The term ``advisory council'' means 
     the Boston Harbor Islands Advisory Council established under 
     section 8.
       (2) Management plan.--The term ``management plan'' means 
     the management plan for the recreation area approved under 
     section 7.
       (3) Partnership.--The term ``Partnership'' means the Boston 
     Harbor Islands Partnership established by section 5.
       (4) Recreation area.--The term ``recreation area'' means 
     the Boston Harbor Islands National Recreation Area 
     established by section 3.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3. BOSTON HARBOR ISLANDS NATIONAL RECREATION AREA.

       (a) Establishment.--In order to preserve for the benefit 
     and inspiration of the people of the United States as a 
     national recreation area certain lands located in 
     Massachusetts Bay, there is established as a unit of the 
     National Park System the Boston Harbor Islands National 
     Recreation Area.
       (b) Boundaries.--
       (1) In general.--The recreation area shall--
       (A) be comprised of the lands, waters, and submerged lands 
     generally depicted on the map entitled ``Proposed Boston 
     Harbor Islands NRA'', numbered BOHA 80001, and dated August 
     1995; and
       (B) include landside points required for access, visitor 
     services, and administration--
       (i) in the city of Boston along the Harborwalk and at Long 
     Wharf, Castle Island, Fan Pier, the John F. Kennedy Library, 
     and the Custom House;
       (ii) at Charlestown Navy Yard;
       (iii) at the old Northern Avenue Bridge;
       (iv) in the city of Quincy at Squantum Point/Marina Bay, 
     the Fore River Shipyard, and Town River;
       (v) in the town of Hingham at Hewitt's Cove;
       (vi) in the town of Hull;
       (vii) in the city of Salem at Salem National Historic Site; 
     and
       (viii) in the city of Lynn at Heritage State Park.
       (2) Public availability of map.--The map described in 
     paragraph (1) shall be on file and available for public 
     inspection in the appropriate offices of the National Park 
     Service.
       (3) Minor revisions.--After advising the Committee on 
     Resources of the House of Representatives and the Committee 
     on Energy and Natural Resources of the Senate in writing, the 
     Secretary may make minor revisions to the boundaries of the 
     recreation area by publication of a revised drawing or other 
     boundary description in the Federal Register.

     SEC. 4. ADMINISTRATION OF RECREATION AREA.

       (a) In General.--The recreation area shall be administered 
     by the Secretary in accordance with this Act.
       (b) Federal Land.--The land in the recreation area that is 
     owned by the United States, acting through the Secretary, 
     shall be administered in accordance with the law generally 
     applicable to units of the National Park System, including 
     the Act entitled ``An Act to establish a National Park 
     Service, and for other purposes'', approved August 25, 1916 
     (39 Stat. 535, chapter 408; 16 U.S.C. 1 et seq.), and the Act 
     of August 21, 1935 (49 Stat. 666, chapter 593; 16 U.S.C. 461 
     et seq.).
       (c) State and Local Jurisdiction.--Nothing in this Act 
     diminishes, enlarges, or modifies any right of the 
     Commonwealth of Massachusetts or any political subdivision of 
     the Commonwealth to exercise civil and criminal jurisdiction 
     or to carry out State laws in the recreation area, including 
     laws relating to fish and wildlife and laws relating to the 
     taxation of persons or property in the recreation area.
       (d) Cooperative Agreements.--The Secretary may consult and 
     enter into cooperative agreements with such persons or 
     entities as the Secretary determines to be appropriate for 
     the preservation, interpretation, management, and provision 
     of educational and recreational uses for the properties in 
     the recreation area.
       (e) Acquisition of Real and Personal Property and 
     Services.--
       (1) In general.--The Secretary may acquire for purposes of 
     the recreation area, by donation, exchange, or lease or 
     purchase with donated or appropriated funds, personal 
     property and lands and improvements in the recreation area.
       (2) Limitation.--The Secretary may not acquire an interest 
     in real property in the recreation area without the consent 
     of the owner.
       (f) Other Property, Funds, and Services.--The Secretary may 
     accept and use donated funds, property, and services to carry 
     out this Act.
       (g) Relationship of Recreation Area to Boston-Logan 
     International Airport.--With respect to the recreation area, 
     the maintenance, operation, improvement, and use of Logan 
     International Airport and associated flight patterns from 
     time to time in effect shall not be considered to constitute 
     the use of publicly owned land of a public park, recreation 
     area, or other resource within the meaning of section 303(c) 
     of title 49, United States Code, or to have a significant 
     effect on natural, scenic, and recreation assets within the 
     meaning of section 47101(h)(2) of title 49, United States 
     Code.

     SEC. 5. BOSTON HARBOR ISLANDS PARTNERSHIP.

       (a) Establishment.--There is established in the executive 
     branch the Boston Harbor Islands Partnership, the purpose of 
     which shall be to coordinate the activities of Federal, 
     State, and local authorities and the private sector in the 
     development and implementation of an integrated resource 
     management plan for the recreation area.
       (b) Membership.--The Partnership shall be composed of 13 
     members, including--
       (1) 1 individual appointed by the Secretary to represent 
     the National Park Service;
       (2) 1 individual appointed by the Secretary of 
     Transportation to represent the United States Coast Guard;
       (3) 2 individuals appointed by the Secretary, after 
     consideration of recommendations by the Governor of 
     Massachusetts, to represent the Department of Environmental 
     Management and the Metropolitan District Commission;
       (4) 1 individual appointed by the Secretary, after 
     consideration of recommendations by the chairperson of the 
     Massachusetts Port Authority, to represent the Massachusetts 
     Port Authority;
       (5) 1 individual appointed by the Secretary, after 
     consideration of recommendations by the chairperson of the 
     Massachusetts Water Resources Authority, to represent the 
     Massachusetts Water Resources Authority;
       (6) 1 individual appointed by the Secretary, after 
     consideration of recommendations by the mayor of Boston, to 
     represent the Office of Environmental Services of the city of 
     Boston;
       (7) 1 individual appointed by the Secretary, after 
     consideration of recommendations by the chairperson of the 
     Boston Redevelopment Authority, to represent the Boston 
     Redevelopment Authority;
       (8) 1 individual appointed by the Secretary, after 
     consideration of recommendations by the president of the 
     Thompson Island Outward Bound Education Center, to represent 
     the Center Thompson Island Outward Bound Education;
       (9) 1 individual appointed by the Secretary, after 
     consideration of recommendations by the chairperson of The 
     Trustees of Reservations, to represent The Trustees of 
     Reservations;
       (10) 1 individual appointed by the Secretary, after 
     consideration of recommendations of the president of the 
     Island Alliance, to represent the Island Alliance, a 
     nonprofit organization the sole purpose of which is to 
     provide financial support for the recreation area; and
       (11) 2 individuals appointed by the Secretary to represent 
     the advisory council.
       (c) Terms of Office; Reappointment.--
       (1) In general.--Each member of the Partnership shall 
     appointed for a term of 3 years.
       (2) Reappointment.--Any member may be reappointed for 1 
     additional 3-year term.
       (3) Initial members.--The Secretary shall appoint the first 
     members of the Partnership not later than 30 days after the 
     date on which the Secretary has received all of the 
     recommendations for appointment under paragraphs (3) through 
     (10) of subsection (b).
       (4) Extended service.--A member of the Partnership may 
     serve after the expiration of the member's term until a 
     successor has been appointed.
       (d) Compensation.--A member of the Partnership shall serve 
     without pay, but while away from the member's home or regular 
     place of business in the performance of services for the 
     Partnership, a member shall be allowed travel expenses, 
     including per diem in lieu of subsistence, in the same manner 
     as a person employed intermittently in the Government service 
     is allowed expenses under section 5703 of title 5, United 
     States Code.
       (e) Election of Officers.--
       (1) In general.--The Partnership shall elect 1 of its 
     members as Chairperson and 1 as Vice Chairperson.
       (2) Terms.--The term of office of the Chairperson and Vice 
     Chairperson shall each be 1 year.
       (3) Absence of chairperson.--The Vice Chairperson shall 
     serve as chairperson in the absence of the Chairperson.
       (f) Vacancy.--A vacancy in the Partnership shall be filled 
     in the same manner in which the original appointment was 
     made.
       (g) Meetings.--The Partnership shall meet at the call of 
     the Chairperson or a majority of its members.
       (h) Quorum.--A majority of the Partnership shall constitute 
     a quorum.
       (i) Staffing.--
       (1) Provision by the secretary.--The Secretary shall 
     provide the Partnership with such staff and technical 
     assistance as the Secretary, after consultation with the 
     Partnership, considers appropriate to enable the Partnership 
     to carry out its duties.
       (2) Personnel on detail.--To assist the Partnership, the 
     Secretary may accept the services of personnel detailed from 
     the Commonwealth of Massachusetts, a political subdivision of 
     the Commonwealth, or an entity represented in the 
     Partnership.
       (j) Nature of Partnership.--The members of the Partnership 
     and the entities represented in the Partnership shall not be 
     treated as partners in a legal sense.
     
[[Page S18563]]


     SEC. 6. POWERS OF THE PARTNERSHIP.

       (a) Hearings.--The Partnership may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Partnership considers 
     appropriate.
       (b) Donations.--Notwithstanding any other provision of law, 
     the Partnership may seek and accept donations of funds, 
     property, or services from individuals, foundations, 
     corporations, and other private and public entities for the 
     purpose of carrying out this Act.
       (c) Use of Funds To Obtain Money.--The Partnership may use 
     its funds to obtain money from any source under any program 
     or law requiring the recipient of the money to make a 
     contribution in order to receive the money.
       (d) Mails.--The Partnership may use the United States mails 
     in the same manner and on the same conditions as other 
     departments and agencies of the United States.
       (e) Acquisition of Property.--The Partnership may acquire 
     by purchase, rental, donation, or otherwise, such property, 
     facilities, and services as may be needed to carry out its 
     duties, except that the Partnership may not acquire any real 
     property or interest in real property.
       (f) Cooperative Agreements.--For purposes of carrying out 
     the management plan, the Partnership may enter into 
     cooperative agreements with the Commonwealth of 
     Massachusetts, a political subdivision of the Commonwealth, 
     or a private person or organization.

     SEC. 7. INTEGRATED RESOURCE MANAGEMENT PLAN.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Partnership shall develop and 
     submit to the Secretary a management plan for the recreation 
     area to be implemented by the Partnership.
       (b) Contents.--The management plan shall include--
       (1) a program providing for coordinated administration of 
     the recreation area with proposed assignment of 
     responsibilities to the appropriate governmental unit at the 
     Federal, State, and local levels, and nonprofit 
     organizations, including--
       (A) a program to finance and support the public 
     improvements and services recommended in the plan, including 
     allocation of the non-Federal matching requirement in 
     accordance with section 9 and a delineation of private sector 
     roles and responsibilities; and
       (B) a program for the coordination and consolidation, to 
     the extent feasible, of activities that may be carried out by 
     Federal, State, and local agencies having jurisdiction over 
     lands and waters in the recreation area, including planning 
     and regulatory responsibilities;
       (2) policies and programs for--
       (A) enhancing public outdoor recreational opportunities in 
     the recreation area;
       (B) conserving, protecting, and maintaining the scenic, 
     historical, cultural, natural, and scientific values of the 
     recreation area;
       (C) developing educational opportunities in the recreation 
     area;
       (D) enhancing public access to the Boston Harbor Islands, 
     including development of transportation networks; and
       (E) identifying potential sources of revenue from programs 
     or activities carried out within the recreation area; and
       (3) a policy statement that recognizes economic activities 
     in the recreation area being conducted on the date of 
     enactment of this Act.
       (c) Development.--In developing the management plan, the 
     Partnership shall--
       (1) consult on a regular basis with appropriate officials 
     of any local government or Federal or State agency that has 
     jurisdiction over lands and waters in the recreation area;
       (2) consult with interested conservation, business, 
     professional, and citizen organizations; and
       (3) conduct public hearings or meetings for the purposes of 
     providing interested persons with the opportunity to testify 
     with respect to matters to be addressed by the management 
     plan.
       (d) Approval.--
       (1) Submission to governor.--The Partnership shall submit 
     the management plan to the Governor of Massachusetts for 
     review.
       (2) Consideration by governor.--The Governor shall have 90 
     days in which to review and make recommendations regarding 
     the management plan.
       (3) Submission to the secretary.--After considering the 
     Governor's recommendations, the Partnership shall submit the 
     management plan to the Secretary, who shall approve or 
     disapprove the plan not later than 90 days after submission.
       (4) Considerations.--In reviewing the management plan, the 
     Secretary shall consider--
       (A) the adequacy of public participation;
       (B) assurances of plan implementation from State and local 
     officials; and
       (C) the adequacy of regulatory and financial tools that are 
     in place to implement the plan.
       (5) Disapproval.--
       (A) Notice.--If the Secretary disapproves the management 
     plan, the Secretary shall notify the Partnership in writing 
     of the reasons for the disapproval and make recommendations 
     for revision.
       (B) Resubmission.--Not later than 90 days after receipt of 
     a notice of disapproval, the Partnership shall revise and 
     resubmit the management plan to the Secretary, who shall 
     approve or disapprove the revised management plan within 60 
     days after submission.
       (e) Interim Program.--Prior to approval of the management 
     plan, the Secretary and the Partnership shall assist the 
     owners and managers of lands and waters in the recreation 
     area to ensure that existing programs, services, and 
     activities that promote the purposes of this Act are 
     supported.

     SEC. 8. BOSTON HARBOR ISLANDS ADVISORY COUNCIL.

       (a) Establishment.--The Secretary, acting through the 
     Director of the National Park Service, shall establish an 
     advisory committee to be known as the ``Boston Harbor Islands 
     Advisory Council''.
       (b) Purposes.--The purposes of the advisory council shall 
     be--
       (1) to represent various groups with interests in the 
     recreation area; and
       (2) to make recommendations to the Partnership on issues 
     related to the development and implementation of the 
     management plan.
       (c) Membership.--
       (1) In general.--The advisory council shall consist of not 
     fewer than 15 individuals, to be appointed by the Secretary, 
     acting through the Director of the National Park Service.
       (2) Representation.--The Secretary shall appoint no fewer 
     than 3 individuals to represent each of the following 
     categories of entities:
       (A) Municipalities.
       (B) Educational and cultural institutions.
       (C) Environmental organizations.
       (D) Business and commercial entities, including those 
     related to transportation, tourism, and the maritime 
     industry.
       (E) Boston Harbor-related advocacy organizations.
       (d) Committees.--
       (1) In general.--The advisory council shall be encouraged 
     to establish committees relating to specific recreation area 
     management issues, including education, tourism, 
     transportation, natural resources, cultural and historical 
     resources, and revenue raising.
       (2) Participation.--Participation on a committee under 
     paragraph (1) shall not be limited to members of the advisory 
     council.
       (e) Meetings.--Meetings of the advisory council and 
     committees established by the advisory council shall be open 
     to the public.
       (f) FACA.--Section 14 of the Federal Advisory Committee Act 
     (5 U.S.C. App.) shall not apply to the advisory council.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     such sums as are necessary to carry out this Act.
       (b) Matching Requirement.--
       (1) In general.--Amounts appropriated to carry out this Act 
     for any fiscal year may be expended only on a matching basis 
     in a ratio of at least 3 non-Federal dollars to each Federal 
     dollar.
       (2) Form.--The non-Federal share of the match may be in the 
     form of cash, services, or in-kind contributions, fairly 
     valued.

  Mr. KENNEDY. Mr. President, it is a privilege to join Senator Kerry 
today in sponsoring a bill to establish the Boston Harbor Islands 
National Recreation Area in Massachusetts. This legislation is part of 
a bipartisan effort with Congressmen Gerry Studds and Peter Torkildsen, 
who introduced an identical bill yesterday in the House of 
Representatives.
  The legislation follows a comprehensive study by the National Park 
Service, authorized in 1992 and completed last year. That study reached 
the strong conclusion on the 31 islands clustered in Boston Harbor that 
``[t]heir proximity to a large urban population and their special 
geological, prehistoric, historic, and natural features qualify them 
collectively as an outstanding example of a nationally significant 
recreation area. Their configuration, their assemblage of significant 
natural and cultural features, and their proximity to a major 
metropolitan area create a resource that has no parallel in the United 
States.''
  The islands are just a short boat trip from downtown Boston. They 
offer abundant opportunities for visitors to enjoy surroundings of 
exceptional natural beauty. With rocky shores, sand beaches, and tidal 
pools full of marine life from horseshoe crabs to starfish and seals, 
visitors enjoy swimming, fishing, clam-digging, berry-picking, bird and 
whale watching, boating, camping and hiking on well-maintained trails. 
History lovers can explore national historic landmarks, such as the 
Revolutionary War-era fort that later housed Confederate prisoners in 
the Civil War, and the Nation's first lighthouse--the only lighthouse 
still operated by lighthouse keepers in the old tradition. They can 
hunt for pirate relics, and dig further back in time for archaeological 
artifacts from 10,000 years ago and rare geological formations dating 
to the glacial age. All of the islands offer spectacular views of the 
modern Boston skyline and the Atlantic Ocean.
  But these assets have gone largely unnoticed until recently. The Park 


[[Page S18564]]
Service study has helped catalyze a growing recognition that the Harbor 
Islands deserve protection, as a unique resource that can greatly 
expand recreational opportunities for families in the Boston area and 
for visitors from across the country. Already, more than 25 million 
tourists visit Massachusetts each year, with 10 million visiting the 
Boston area annually. Fulfilling the potential of the Harbor Islands 
will strengthen tourism and significantly benefit the local economy, as 
well as enhance the experience of visitors to the area.
  As recommended by the Park Service study, to fulfill that potential, 
we must improve public access to the islands and adopt a coordinated 
approach to their management. This legislation calls on the National 
Park Service to work closely with State and local governments and 
nonprofit organizations to preserve the natural and cultural resources 
of the islands and make them more accessible to the public through the 
use of a public water transportation system. The bill establishes a 
partnership among the various levels of government, and requires a 
commitment of non-Federal funds on at least a three-to-one matching 
basis with Federal funds. It does not involve any substantial purchase 
of land by the Federal Government; instead, it authorizes the Park 
Service to develop cooperative agreements with the State, local and 
private owners of the islands to ensure their protection and expanded 
public use.
  The Boston Harbor Islands will be an exceptional addition to the 
National Park System. Their natural beauty and historical significance 
eminently merit this protection and preservation. The partnership 
approach will keep Federal costs to a minimum and assure the success of 
this effort for generations to come. I urge my colleagues to support 
this important legislation.
                                 ______

      By Mrs. KASSEBAUM:
  S. 1477. A bill to amend the Federal Food, Drug, and Cosmetic Act and 
the Public Health Service Act to improve the regulation of food, drugs, 
devices, and biological products, and for other purposes; to the 
Committee on Labor and Human Resources.


the food and drug administration performance and accountability act of 
                                  1995

 Mrs. KASSEBAUM. Mr. President, I introduce the Food and Drug 
Administration Performance and Accountability Act of 1995. This 
comprehensive reform bill is designed to ensure that Americans continue 
to enjoy and our Nation continues to lead the world in the development 
of new, life-saving and life-enhancing pharmaceuticals and medical 
devices and wholesome, abundant, and affordable foods by reforming the 
role of the Food and Drug Administration in the testing and review of 
new products.
  Over the years, the FDA's requirements for clinical testing and its 
premarket reviews of new products have grown increasingly complex, 
time-consuming, and expensive. From the 1960's to the 1990's, for 
example, the time required to complete clinical trials for new drugs 
has grown from 2\1/2\ years to nearly 6 years. From the beginning of 
the process to the end, it takes an average of 12 years and costs $359 
million to bring a new drug to market. By law, the FDA is required to 
review and act on applications to market new drugs and devices within 
180 days. Today, however, it takes the agency on average 649 days to 
complete its review of new devices and 570 days to complete its review 
of most new drugs.
  These increasing FDA demands on new product development and delays in 
new product reviews are reducing incentives for research and 
development, encouraging American companies to locate abroad, delaying 
Americans' access to new pharmaceuticals and medical devices, and 
costing American jobs.
  The legislation I am introducing today is designed to correct these 
problems. First, the bill makes clear that a prime mission of the FDA 
is facilitating the rapid and efficient development and availability of 
safe and effective products that will benefit the public. It puts the 
agency on notice that Congress and the American people expect it to 
allocate its time, energy, and resources accordingly.
  Second, the bill puts teeth into statutory deadlines for agency 
action. The FDA commissioner is required, in consultation with patient 
advocacy groups and the regulated industries, to establish and meet 
yearly performance standards that will bring the agency into compliance 
and keep it in compliance with statutory deadlines for action on 
premarket approval applications. The commissioner will be required to 
report yearly on the agency's performance and, if the agency is out of 
compliance, to contract with outside experts for product reviews.
  Third, to ensure that desperately ill and suffering patients have 
access to promising new therapies, the bill will expand access to 
investigational new pharmaceuticals and medical devices. To ensure that 
physicians are as fully informed as possible about these new therapies 
and about new uses for already approved therapies, the bill will ease 
the agency's current severe restrictions on the dissemination of 
information about them.
  Fourth, the bill establishes a collaborative clinical testing and 
review process. It requires the agency to meet with companies in the 
early stage of the clinical testing to establish the parameters for 
testing and avoid last-minute changes in protocol designs once testing 
is underway. Once testing has been completed and the agency receives an 
application for product approval, the agency would again be required to 
meet with companies to better ensure the smooth and timely review of 
the application.
  Fifth, the bill provides the agency with the statutory flexibility it 
needs to make changes in its clinical testing policies and product 
review procedures. For example, it modifies current law, which appears 
now to require two or more clinical studies, to permit the agency to 
base its approval on one well-designed clinical study when appropriate. 
As further examples, the bill updates outmoded statutory requirements 
for the regulation of biological products, reduces the number of 
medical devices that the agency is required to review, and makes it 
easier for the agency to use national and internationally recognized 
performance standards in evaluating the safety and effectiveness of 
devices.
  In these and in a number of other ways, the FDA Performance and 
Accountability Act of 1995 will transform the FDA from a growing 
barrier to innovation into an active partner in innovation.

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