Judd Gregg

Mr. GREGG

Mr. GREGG. Mr. President, the bill we are introducing today is designed to address a number of problems that currently prohibit American companies from competing in the international marketplace: the Food and Drug Administration's [FDA] export policies on the overseas sale of drugs, biological products, and medical devices. The FDA has repeatedly stated that export issues are not within their realm of expertise, and that they would not oppose a new standard as put forth by Congress. We are here to submit that new standard. This bill does not call for radical measures that would jeopardize does not simply allow unapproved products to be randomly shipped around the world. It does not allow export products to be sold domestically. What this bill does do is recognize the authority of our international trading partners by acknowledging that WTO [World Trade Organization] members have an evolved import system to control what products are being brought into their country, a step up from general GATT signatories. It permits WTO countries to decide for themselves whether or not they want to approve a product to be available to their citizens, and specifies a notification process by U.S. manufacturers to the FDA for those nations that are not WTO members. Our bill specifies that a device which is banned in the United States by the FDA cannot be exported. This legislation provides recourse to the Secretary of Health and Human Services to prohibit exports if she judges there to be an ``imminent hazard'' that the product would be shipped back into the United States, threatening to the health or safety of consumers. These are all critical components and appropriate to promoting U.S. manufacturers in the international marketplace. The bill is designed to allow U.S. medical technology and products, the best in the world, to compete fairly with foreign manufacturers. And it allows autonomy among our trading partners. I as pleased to hear the President address FDA reform in his speech on March 16 as part of ``Reinventing Government.'' This is a positive step in dealing with a number of issues that stem from the current regulatory climate at this, and many other, Federal agencies. I look forward to working with the administration and my colleagues here on the Hill to reform the policies and procedures of this important agency.

Mr. GREGG

Mr. GREGG. Mr. President, I introduce the Environmental Infrastructure Financing Act of 1995. The bill will amend the Internal Revenue Code of 1986 to allow recycling facilities to be eligible for tax-exempt bond financing. A continuing problem in the development of recycling efforts is the need for markets for the materials that are being collected. Processes exist for remanufacturing the recycled materials into new products, but they frequently require extensive capital investment. An approach that is often attempted is the use of the Federal tax- exempt bond program, which does have a subcategory for solid waste projects. Solid waste recycling facilities should constitute a legitimate application of these funds; however, certain sections of the Tax Code define solid waste as being ``material without value.'' With recycled materials now being traded as commodities, they do, in fact, have value, making the facilities which might process them ineligible for tax-exempt financing. This definitional problem impedes the construction of recycling facilities and hurts the development of recycling materials markets. My bill will correct this problem in the Tax Code and allow recycling facilities to obtain tax-exempt financing. The Environmental Infrastructure Financing Act of 1994 will foster the further development of the recycling industry and promote increased recycling. Mr. President, I ask unanimous consent that a copy of the bill be printed in the Record.

Mr. GREGG

Mr. GREGG. Mr. President, I ask unanimous consent that, following the remarks of Senator Exon, the Senate stand in recess under the previous order.

Mr. GREGG

Mr. GREGG. Mr. President, for the information of my colleagues, under the previous order, there will be a cloture vote on the pending Kassebaum amendment at 5:30 on Monday. Senators should also be aware that further rollcall votes are expected during Monday's session of the Senate.

Mr. GREGG

Mr. GREGG. Mr. President, I ask unanimous consent that the Senate proceed to Senate Resolution 87, submitted earlier today by Senator Dole, and that the resolution be agreed to and the motion to reconsider be laid upon the table.

Mr. GREGG

Mr. GREGG. The bill will remain at the desk to be read a second time following the next adjournment of the Senate.

Mr. GREGG. I now ask for the second reading, and I object.

Mr. GREGG. Therefore, I ask for its first reading.

Mr. GREGG. Mr. President, I inquire of the Chair if H.R. 988 has arrived from the House of Representatives.

Mr. GREGG

Mr. GREGG. Mr. President, it is my belief that the U.S. Government needs to foster voluntarism and philanthropy whenever it can. This is not how the system is currently working. On the contrary, overzealous regulation and oppressive Government agencies, such as the Department of Labor , stifle the efforts of citizens who want to volunteer some of their spare time to their community. For example: In a small town in New Hampshire a police officer was using his free time at night to train women in self-defense. He volunteered to teach this course and did so gladly. The Labor Department came onto the scene, however, and told the police department that they must either pay the officer for overtime or cancel the program. The program was canceled for lack of funds. The women in this small town no longer have the option of free classes in order to learn to protect themselves. This is a familiar story, not only to police departments across the country, but also to many other types of State and local agencies whose employees want to serve their community but are forbidden to by the Department of Labor. These incidents occurred because of the manner in which the Labor Department has decided to apply the Fair Labor Standards Act to those who willingly and gladly volunteer some of their spare time to public service. Such regulatory overreaching typifies what has gone wrong with the Federal Government, when public spirit and common sense lose out to narrow and misguided bureaucratic objectives. It is for these reasons that I am introducing the State and Local Volunteer Preservation Act of 1995, which amends the Fair Labor Standards Act to allow State and local public servants to volunteer their time to their employers if they choose to do so. This bill will extend to town clerks who want to help count ballots on election night; firefighters who want to help put out fires in their districts even if they are not on duty; police officers who want to work with police dogs or train women in self-defense; and many other public employees who want to volunteer their free time to their communities. We must act now to stop this encroachment on local voluntarism and allow our civic- minded citizens to volunteer their time to their community, no matter what their occupation. I am pleased to announce that the International Association of Chiefs of Police [IACP] have endorsed this legislation. It is from police officers in New Hampshire that I first heard of this regulations were causing difficulties not only in New Hampshire, but around the country. I hope my colleagues will join me in supporting this important measure. Mr. President, I ask unanimous consent that the text of the bill and additional material be printed in the Record.

Mr. GREGG

Mr. GREGG. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. GREGG

Mr. GREGG. Mr. President, I send a motion to invoke cloture to the desk.

Mr. GREGG

Mr. GREGG. Mr. President, the official photograph of the U.S. Senate in session will be taken by the National Geographic Society on Tuesday, April 4, 1995, at 2:15 p.m. All Senators are now on notice to be on the floor at 2:15 on April 4 for the picture.

Mr. GREGG

Mr. GREGG. Mr. President, I further ask unanimous consent that, at the hour of 1:30 p.m., the Senate resume consideration of H.R. 889, the supplemental appropriations bill; further, that at the hour of 4:30, the Senate begin 60 minutes of debate, equally divided between Senator Kassebaum and Senator Kennedy; and that the vote occur on the motion to invoke cloture at 5:30 p.m. and the mandatory live quorum be waived.

Mr. GREGG. Mr. President, I ask unanimous consent that when the Senate completes its business today, it stand in recess until the hour of 12:30 p.m. on Monday, March 13, 1995; that following the prayer, the Journal of proceedings be deemed approved to date, the time for the two leaders be reserved for their use later in the day, and there be a period for transaction of morning business not to extend beyond the hour of 1:30 p.m., with Senators permitted to speak for up to 10 minutes each.

Mr. GREGG

Mr. GREGG. Mr. President, when OSHA was enacted it was intended to make the workplace free from ``recognized hazards that are causing, or likely to cause, death or serious physical harm to * * * employees.'' As with many programs established by Congress, however, over the years OSHA has developed a well-earned reputation for over-regulation. OSHA has moved from its original purpose of protecting the workers to hindering businesses with excessive mandates. While I feel that a major problem within OSHA is of a cultural nature, the bill will concentrate on five areas that will relieve the oppressive and burdensome regulations. My bill, the OSHA Amendments of 1995, addresses the need for employee participation, risk assessment in standard making, consultation services, reduced penalties for nonserious violations, and warnings in lieu of citations. This balanced approach will remove a feeling among the American employers and employees that OSHA is the bad cop, and institute an awareness of a partnership in assuring safety and health in the workplace. The limitation of burdensome and repetitious paper work, compiled with risk assessment and a reduced threat of large fines, will make for a more businesslike approach. As Chairman of the Labor Subgroup of the Regulatory Relief Task Force, I have received numerous requests for the reform of OSHA. This past month I held a roundtable on regulatory reform in my State of New Hampshire and, although there were many issues raised, the one that was unanimously supported was OSHA reform. Businesses across America share New Hampshire's exasperation with what OSHA has become, as well as their demands for relief. This bill begins to answer that call to action.

Mr. GREGG

Mr. GREGG. Mr. President, I ask unanimous consent that the Oceans and Fisheries Subcommittee of the Senate Committee on Commerce, Science, and Transportation be authorized to meet on March 7, 1995, at 2:30 p.m. on appropriations for the U.S. Coast Guard in fiscal year 1996.

Mr. GREGG. Mr. President, I ask unanimous consent that the Subcommittee on Parks, Historic Preservation, and Recreation of the Committee on Energy and Natural Resources be granted permission to meet during the session of the Senate on Tuesday, March 7, 1995, for purposes of conducting a joint hearing with the Subcommittee on National Parks, Forests and Lands, of the House Committee on Resources, which is scheduled to begin at 9:30 a.m. The purpose of the hearing is to receive testimony from officials of the General Accounting Office regarding their on-going study on the health of the National Park System.

Mr. GREGG. Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet at 9:30 a.m. on Tuesday, March 7, 1995, in open session, to receive testimony on the defense authorization request for fiscal year 1996 and the future years defense program.

Mr. GREGG. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Tuesday, March 7, 1995, at 2:00 p.m. to hold a hearing on the overview of United States policy toward South Asia.

Mr. GREGG. Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Tuesday, March 7, 1995, at 10:00 a.m. to hold a hearing on the consideration of ratification of the convention on conventional weapons (Treaty Doc. 103-25).

Mr. GREGG. Mr. President, I ask unanimous consent that the Finance Committee be permitted to meet Tuesday, March 7, 1995, in room 215 of the Dirksen Senate Office Building, beginning at 9:00 a.m. and continuing through most of the day, to conduct a hearing on the Federal Communications Commission's tax certificate program.

Mr. GREGG. Mr. President, I ask unanimous consent that the Committee on Indian Affairs be authorized to meet on Tuesday, March 7, 1995, beginning at 10 a.m., in room 485 of the Russell Senate Office Building on Federal programs authorized to address the challenges facing Indian youth.

Mr. GREGG

Mr. GREGG. Mr. President, I ask unanimous consent that the Senate now stand in recess until 2:15.

Mr. GREGG

Mr. GREGG. Mr. President, at this time I had the right to offer an amendment. I do not intend to offer the amendment at this time and withdraw that right. the oregon option