May 11, 1995 CONGRESSIONAL RECORD— SENATE S6565 

‘‘(2) as of May 15, 1994, was the subject of a 

pending proposal by the Administrator of the 

Environmental Protection Agency to be listed on the National Priorities List.’’. 

Mr. BAUCUS. We find this amendment acceptable. 

The PRESIDING OFFICER. The 

question is on agreeing to the amendment. 

The amendment (No. 873) was agreed 

to. 

AMENDMENT NO. 874

(Purpose: To modify the conditions on 

exercise of flow control authority) 

Mr. CHAFEE. Mr. President, on behalf of Senators SMITH and WELLSTONE, 

I send to the desk an amendment and 

ask for its immediate consideration. 

The PRESIDING OFFICER. The 

clerk will report. 

The legislative clerk read as follows: 

The Senator from Rhode Island [Mr. 

CHAFEE], for Mr. SMITH, for himself and Mr. 

WELLSTONE, proposes an amendment numbered 874. 

Mr. CHAFEE. Mr. President, I ask 

unanimous consent that the reading of 

the amendment be dispensed with. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The amendment is as follows: 

On page 56, strike lines 10 through 13 and 

insert the following: 

‘‘(A)(i) had been exercised prior to May 15, 

1994, and was being implemented on May 15, 

1994, pursuant to a law, ordinance, regulation, or other legally binding provision of 

the State or political subdivision; or 

‘‘(ii) had been exercised prior to May 15, 

1994, but implementation of such law, ordinance, regulation, or other legally binding 

provision of the State or political subdivision was prevented by an injunction, temporary restraining order, or other court action, or was suspended by the voluntary decision of the State or political subdivision because of the existence of such court action. 

On page 60, strike lines 1 through 5 and insert the following: 

‘‘(A)(i) the law, ordinance, regulation, or 

other legally binding provision specifically 

provides for flow control authority for municipal solid waste generated within its 

boundaries; and 

‘‘(ii) such authority was exercised prior to 

May 15, 1995, and was being implemented on 

May 15, 1994. 

Mr. BAUCUS. Mr. President, we accept the amendment. 

The PRESIDING OFFICER. The 

question is on agreeing to the amendment. 

The amendment (No. 874) was agreed 

to. 

AMENDMENT NO. 875

(Purpose: To clarify the intent of the provision relating to the duration of flow control authority) 

Mr. CHAFEE. Mr. President, on behalf of Senator SNOWE, I send to the 

desk an amendment and ask for its immediate consideration. 

The PRESIDING OFFICER. The 

clerk will report. 

The legislative clerk read as follows: 

The Senator from Rhode Island [Mr. 

CHAFEE], for Ms. SNOWE, for herself and Mr. 

COHEN, proposes an amendment numbered 

875. 

Mr. CHAFEE. Mr. President, I ask 

unanimous consent that the reading of 

the amendment be dispensed with. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The amendment is as follows: 

On page 58, line 5, strike ‘‘original facility’’

and insert ‘‘facility (as in existence on the 

date of enactment of this section)’’. 

Mr. BAUCUS. Mr. President, is this 

the amendment which begins ‘‘On page 

58, line 5, strike ‘original facility’’’ ? 

The PRESIDING OFFICER. The Senator is correct. 

Mr. BAUCUS. I thank the Chair. We 

accept this amendment. 

The PRESIDING OFFICER. The 

question is on agreeing to the amendment. 

The amendment (No. 875) was agreed 

to. 

AMENDMENT NO. 876

(Purpose: To provide for the case of a formation of a solid waste management district 

for the purchase and operation of an existing facility) 

Mr. CHAFEE. Mr. President, on behalf of Senator PRYOR, I send to the 

desk an amendment and ask for its immediate consideration. 

The PRESIDING OFFICER. The 

clerk will report. 

The legislative clerk read as follows: 

The Senator from Rhode Island [Mr. 

CHAFEE], for Mr. PRYOR, proposes an amendment numbered 876. 

Mr. CHAFEE. Mr. President, I ask 

unanimous consent that the reading of 

the amendment be dispensed with. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The amendment is as follows: 

On page 61, between lines 7 and 8, insert 

the following: 

‘‘(d) FORMATION OF SOLID WASTE MANAGEMENT DISTRICT TO PURCHASE AND OPERATE EXISTING FACILITY.—Notwithstanding subsection (b)(1)(A) and (B), a solid waste management district that was formed by a number of political subdivisions for the purpose 

of purchasing and operating a facility owned 

by 1 of the political subdivisions may exercise flow control authority under subsection 

(b) if—

‘‘(1) the facility was fully licensed and in 

operation prior to May 15, 1994; 

‘‘(2) prior to April 1, 1994, substantial negotiations and preparation of documents for 

the formation of the district and purchase of 

the facility were completed; 

‘‘(3) prior to May 15, 1994, at least 80 percent of the political subdivisions that were 

to participate in the solid waste management district had adopted ordinances committing the political subdivisions to participation and the remaining political subdivisions adopted such ordinances within 2 

months after that date;and 

‘‘(4) the financing was completed, the acquisition was made, and the facility was 

placed under operation by the solid waste 

management district by September 21, 1994. 

Mr. BAUCUS. Mr. President, I urge 

the adoption of the amendment. 

The PRESIDING OFFICER. The 

question is on agreeing to the amendment. 

The amendment (No. 876) was agreed 

to. 

AMENDMENT NO. 877

(Purpose: To make clear that entering into a 

put or pay agreement satisfies the requirement of a legally binding provision and a 

designation of a facility) 

Mr. CHAFEE. Mr. President, on behalf of Senators COHEN and SNOWE, I 

send to the desk an amendment and 

ask for its immediate consideration. 

The PRESIDING OFFICER. The 

clerk will report. 

The legislative clerk read as follows: 

The Senator from Rhode Island [Mr. 

CHAFEE], for Mr. COHEN, for himself and Ms. 

SNOWE, proposes an amendment numbered 

877. 

Mr. CHAFEE. Mr. President, I ask 

unanimous consent that the reading of 

the amendment be dispensed with. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The amendment is as follows: 

On page 55, between lines 10 and 11 insert 

the following: 

‘‘(5) PUT OR PAY AGREEMENT.—The term 

‘put or pay agreement’ means an agreement 

that obligates or otherwise requires a State 

or political subdivision to—

‘‘(A) deliver a minimum quantity of municipal solid waste to a waste management 

facility; and 

‘‘(B) pay for that minimum quantity of 

municipal solid waste even if the stated minimum quantity of municipal solid waste is 

not delivered within a required period of 

time. 

‘‘(2) For purposes of the authority conferred by subsections (b) and (c), the term 

‘legally binding provision of the State or political subdivision’ includes a put or pay 

agreement that designates waste to a waste 

management facility that was in operation 

on or before December 31, 1988 and that requires an aggregate tonnage to be delivered 

to the facility during each operating year by 

the political subdivisions which have entered 

put or pay agreements designating that 

waste management facility. 

‘‘(3) The entering into of a put or pay 

agreement shall be considered to be a designation (as defined in subsection (a)(1)) for 

all purposes of this title.’’

Mr. BAUCUS. Mr. President, I have 

examined it and agreed with it. 

The PRESIDING OFFICER. The 

question is on agreeing to the amendment. 

The amendment (No. 877) was agreed 

to. 

f 

ADDITIONAL COSPONSORS 

Mr. CHAFEE. Mr. President, I ask 

that Senators HUTCHISON and SNOWE be 

added as cosponsors to amendment No. 

873, which was previously adopted. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

Mr. BAUCUS. Mr. President, I want 

to compliment the chairman of the 

committee, as well as the Presiding Officer, the chairman of a relevant subcommittee, for being very active on 

this bill. We have made a lot of 

progress today and particularly this 

evening. I think it is a good omen, and 

I hope we can wrap up this bill expeditiously tomorrow. So, once again, I 

compliment the chairman of the committee and the chairman of the subcommittee. 

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S6566 CONGRESSIONAL RECORD— SENATE May 11, 1995 

Mr. CHAFEE. Mr. President, let me 

just say that without the forceful drive 

of the ranking member, we would not 

be this far. So on behalf of myself and 

of the occupant of the chair, the distinguished chairman of the subcommittee, 

I thank the ranking member for all of 

his support in making this possible. 

I, too, hope that tomorrow we can 

finish what we have here. It may be 

that we can. Certainly, we are going to 

try. 

We are going to come in at 9:30, and 

there is a vote on cloture at 10. Regardless of the outcome of that vote, I hope 

we can continue working to see if we 

cannot finish all of this. If we cannot 

finish, at least maybe we can get agreements so there will be voting at a set 

time on whatever date the leader 

chooses. But it is my goal, and I know 

it is the goal of the chairman of the 

subcommittee and the ranking member, to finish this bill quickly. There is 

always the threat that if we do not get 

it through, the leader will pull it down, 

as he has other business we have to attend to. 

So I thank the ranking member for 

all of his support. 

f 

RECESS UNTIL 9:30 A.M. 

TOMORROW 

Mr. CHAFEE. If there is no further 

business to come before the Senate, I 

ask that the Senate stand in recess 

under the previous order. 

There being no objection, the Senate, 

at 9:13 p.m., recessed until Friday, May 

12, 1995, at 9:30 a.m. 

f 

NOMINATIONS 

Executive nominations received by 

the Senate May 11, 1995: 

DEPARTMENT OF AGRICULTURE

KARL N. STAUBER, OF MINNESOTA, TO BE A MEMBER 

OF THE BOARD OF DIRECTORS OF THE COMMODITY 

CREDIT CORPORATION, VICE DANIEL A. SUMNER, RESIGNED. 

IN THE ARMY

THE FOLLOWING U.S. ARMY RESERVE OFFICERS FOR 

PROMOTION TO THE GRADES INDICATED IN THE RESERVE OF THE ARMY OF THE UNITED STATES, UNDER 

THE PROVISIONS OF SECTIONS 3371, 3384 AND 12203(A), 

TITLE 10, UNITED STATES CODE: 

To be major general 

BRIG. GEN. JOHN T. CROWE, 000–00–0000. 

BRIG. GEN. CHARLES A. INGRAM, 000–00–0000. 

BRIG. GEN. HERBERT KOGER, JR., 000–00–0000. 

BRIG. GEN. CALVIN LAU, 000–00–0000. 

BRIG. GEN. BRUCE G. MACDONALD, 000–00–0000. 

To be brigadier general 

COL. LLOYD D. BURTCH, 000–00–0000. 

COL. ROBERT L. LENNON, 000–00–0000. 

COL. RAYMOND E. GANDY, JR., 000–00–0000. 

COL. ROBERT W. SMITH III, 000–00–0000. 

COL. HARRY E. BIVENS, 000–00–0000. 

COL. KENNETH P. BERGQUIST, 000–00–0000. 

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 

IN THE U.S. ARMY, WITHOUT SPECIFICATION OF BRANCH 

COMPONENT, AND IN THE REGULAR ARMY OF THE 

UNITED STATES TO THE GRADE INDICATED IN ACCORDANCE WITH ARTICLE II, SECTION 2, CLAUSE 2 OF THE 

CONSTITUTION OF THE UNITED STATES, AS DEAN OF THE 

ACADEMIC BOARD, UNITED STATES MILITARY ACADEMY, 

A POSITION ESTABLISHED UNDER TITLE 10, UNITED 

STATES CODE, SECTION 4335: 

DEAN OF THE ACADEMIC BOARD

To be permanent brigadier general 

COL. FLETCHER M. LAMKIN, JR., 000–00–0000, U.S. ARMY. 

IN THE NAVY

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 

TO THE GRADE OF VICE ADMIRAL WHILE ASSIGNED TO A 

POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER 

TITLE 10, UNITED STATES CODE, SECTION 601: 

To be vice admiral 

REAR ADM. BRENT M. BENNITT, U.S. NAVY, 000–00–0000. 

THE FOLLOWING NAMED OFFICERS, ON THE ACTIVE 

DUTY LIST, FOR PROMOTION TO THE GRADE INDICATED 

IN THE UNITED STATES ARMY IN ACCORDANCE WITH 

SECTION 624, TITLE 10, UNITED STATES CODE. THE OFFICERS INDICATED BY ASTERISK ARE ALSO NOMINATED 

FOR APPOINTMENT IN THE REGULAR ARMY IN ACCORDANCE WITH SECTION 531, TITLE 10, UNITED STATES CODE: 

IN THE ARMY

To be lieutenant colonel 

ABBOTT, SCOTT L., 000–00–0000 

ACOSTA, JESSE T., 000–00–0000 

ADAMAKOS, GEORGE L., 000–00–0000 

ADKINS, DONALD M., 000–00–0000 

ADLER, PETER J., 000–00–0000 

AGEE, COLLIN A., 000–00–0000 

AIELLO, JAMES P., 000–00–0000 

AKLEY, SUSAN E., 000–00–0000 

ALDERETE, GREGORY L., 000–00–0000 

ALDERMAN, MARC I., 000–00–0000 

ALFORD, KENNETH L., 000–00–0000 

*ALICEA, FRANCISCO J., 000–00–0000 

ALLMENDINGER, PERRY, 000–00–0000 

ALLMON, THOMAS A., 000–00–0000 

ALLOR, PETER G., 000–00–0000 

ALLYN, DANIEL B., 000–00–0000 

ALSPACH, WILLIAM A., 000–00–0000 

ALVAREZ, CHARLES, 000–00–0000 

ALVAREZ, ROBERT, 000–00–0000 

ANDERSON, DAVID L., 000–00–0000 

ANDERSON, DONNIE P., 000–00–0000 

ANDERSON, JOSEPH, 000–00–0000 

ANDERSON, NICHOLAS, 000–00–0000 

ANDERSON, SARA F., 000–00–0000 

ANDERSON, WELSEY B., 000–00–0000 

*ANDREORIO, STEPHEN, 000–00–0000 

ANDREWS, KRISTOPHER, 000–00–0000 

ANDREWS, SANDRA S., 000–00–0000 

ANGELOSANTE, JAMES, 000–00–0000 

ANTLEY, BILLY W., 000–00–0000 

ANTRY, ROBERTA A., 000–00–0000 

APPLEGET, JEFFREY A., 000–00–0000 

ARATA, STEPHEN A., 000–00–0000 

ARGO, HARRY M., 000–00–0000 

ARMOUR, DAVID T., 000–00–0000 

ARMSTRONG, KEITH A., 000–00–0000 

ARNDT, F.J., 000–00–0000 

ARROYONIEVES, JOSE, 000–00–0000 

ARTHUR, JOHN E., 000–00–0000 

*AUSTIN, BENNY B., 000–00–0000 

AUSTIN, STEPHEN D., 000–00–0000 

BAHR, MARK S., 000–00–0000 

BAKER, DOUGLAS S., 000–00–0000 

BAKER, GEORGE R., 000–00–0000 

BALTAZAR, THOMAS P., 000–00–0000 

BANNER, GREGORY T., 000–00–0000 

BARBER, JESSE L., 000–00–0000 

BARNER, FRANCHESTEE, 000–00–0000 

BARNETTE, MARK F., 000–00–0000 

BARRETO, DANIEL, 000–00–0000 

BARRETT, BRUCE J., 000–00–0000 

BARTON, DOUGLAS A., 000–00–0000 

BASSETT, WILLIAM E., 000–00–0000 

BASSETT, JEFFREY L., 000–00–0000 

BATTEN, BRUCE W., 000–00–0000 

BAUGHMAN, DANIEL M., 000–00–0000 

BAUGHMAN, JEFFREY A., 000–00–0000 

BAYLESS, ROBERT M., 000–00–0000 

BEALE, CAROLYN M., 000–00–0000 

BEALE, JOHNNIE L., 000–00–0000 

BEANLAND, THOMAS J., 000–00–0000 

BEASLEY, DANIEL G., 000–00–0000 

BEATTY, ROBERT J., 000–00–0000 

BECNEL, WADE B., 000–00–0000 

BELLINI, MARK A., 000–00–0000 

BELT, BRUCE D., 000–00–0000 

BENITO, RICKY, 000–00–0000 

BENNETT, THOMAS B., 000–00–0000 

BENNETT, WILLIAM W., 000–00–0000 

BERBERICK, RAYMOND, 000–00–0000 

BETTEZ, MICHAEL G., 000–00–0000 

BEYER, RENAE M., 000–00–0000 

BIANCA, DAMIAN P., 000–00–0000 

BIANCO, STEPHEN G., 000–00–0000 

BIERWIRTH, ROY C., 000–00–0000 

BILL, GARY F., 000–00–0000 

BILLINGS, TONY R., 000–00–0000 

BISACRE, MICHAEL D., 000–00–0000 

BLACK, KENNETH B., 000–00–0000 

*BLACKBURN, THOMAS P., 000–00–0000 

BLAINE, JOHN M., 000–00–0000 

BLAKELY, TERRY A., 000–00–0000 

BLAKEMAN, KEITH E., 000–00–0000 

BLANK, JAMES E., 000–00–0000 

BLASHACK, CATHERINE, 000–00–0000 

BLEAKLEY, ALBERT M., 000–00–0000 

BLECKMAN, DALE M., 000–00–0000 

BLEIMEISTER, ROBERT, 000–00–0000 

BLOECHL, TIMOTHY D., 000–00–0000 

BLOISE, JAMES E., 000–00–0000 

BLUE, THOMAS G., 000–00–0000 

BOATNER, MICHAEL E., 000–00–0000 

BONDS, MARCUS, 000–00–0000 

BONE, JOHN J., JR., 000–00–0000 

BONEBRAKE, DOUGLAS, 000–00–0000 

BONESTEEL, RONALD M., 000–00–0000 

BONNER, DOUGLAS C., 000–00–0000 

BONSELL, JOHN A., 000–00–0000 

BOOZER, JAMES C., 000–00–0000 

BORNICK, BRUCE K., 000–00–0000 

BOSHEARS, STEVEN R., 000–00–0000 

BOSLEY, LARRY L., 000–00–0000 

BOURGAULT, RICHARD, 000–00–0000 

BOWERS, BOBBY S., 000–00–0000 

BOWERS, WILLIAM E., 000–00–0000 

BOWLES, KEVIN L., 000–00–0000 

BOWMAN, MICHAEL, 000–00–0000 

BOWMAN, ROBERT E., 000–00–0000 

BOYD, JANE A., 000–00–0000 

BOZEK, GREGORY J., 000–00–0000 

BRADLEY, DARRYL M., 000–00–0000 

BRAY, BRITT E., 000–00–0000 

BRESLIN, CHARLES B., 000–00–0000 

BRIGGS, RALPH W., 000–00–0000 

BRODERSEN, STEPHEN, 000–00–0000 

BRODEUR, MARC P., 000–00–0000 

BROKAW, NINA L., 000–00–0000 

BROOKS, RICHARD W., 000–00–0000 

BROSSART, THOMAS M., 000–00–0000 

BROWN, ARMOR D., 000–00–0000 

BROWN, DAVID W., 000–00–0000 

BROWN, INEZ C., 000–00–0000 

BROWN, JOSEPH A., 000–00–0000 

BROWN, LAWRENCE H., 000–00–0000 

BROWN, MATTHEW J., 000–00–0000 

BROWN, REX E., 000–00–0000 

BROWN, RONNIE L., 000–00–0000 

BRUMFIELD, CALVIN D., 000–00–0000 

BRYANT, KATHERINE M., 000–00–0000 

BRYDGES, BRUCE E., 000–00–0000 

BRYNICK, MARK T., 000–00–0000 

BRYSON, RUTH E., 000–00–0000 

BUCHNER, MICHAEL S., 000–00–0000 

BUCK, STEPHEN D., 000–00–0000 

BUFFKIN, RONALD M., 000–00–0000 

BUITRAGO, JOSE A., 000–00–0000 

BUNDE, VICTOR A., 000–00–0000 

BUNTING, TIMOTHY L., 000–00–0000 

BURKE, JOHN D., 000–00–0000 

BURKE, KEVIN J., 000–00–0000 

BURKHART, TIMOTHY J., 000–00–0000 

BURLESON, BRUCE B., 000–00–0000 

BUZAN, MILTON T., 000–00–0000 

BYRNES, RONALD B., 000–00–0000 

BUYS, DAVID L., 000–00–0000 

CALL, MARK K., 000–00–0000 

CALLAWAY, CHARLES T., 000–00–0000 

CAMP, LOIS F., 000–00–0000 

CAMPBELL, RICHARD D., 000–00–0000 

CAMPBELL, STEPHEN T., 000–00–0000 

CAMPISI, PETER C., 000–00–0000 

CAMPOS, LIONEL G., 000–00–0000 

CANNON, PATRICK M., 000–00–0000 

CAPRANO, REBECCA H., 000–00–0000 

CAPSTICK, PAUL R., 000–00–0000 

CARDARELLI, MICHAEL, 000–00–0000 

CARDENAS, WILLIAM G., 000–00–0000 

CARDINAL, BEVERLY S., 000–00–0000 

CAREY, THOMAS J., 000–00–0000 

CARNEY, ROBERT L., 000–00–0000 

CARPENTER, ANTONIO, 000–00–0000 

CARPENTER, SHERRY L., 000–00–0000 

CARROLL, DOUGLAS E., 000–00–0000 

CARROLL, DEKKETH W., 000–00–0000 

CARROLL, LANCE S., 000–00–0000 

CARTER, FREDERICK L., 000–00–0000 

CASON, TONY W., 000–00–0000 

CERVONE, MICHAEL B., 000–00–0000 

CHALLANS, TIMOTHY L., 000–00–0000 

CHANEY, RONALD H., 000–00–0000 

CHAPEL, DIANA M., 000–00–0000 

CHASTAIN, RICHARD L., 000–00–0000 

CHEEK, GARY H., 000–00–0000 

CHIN, MING G., 000–00–0000 

CHRANS, DONALD E., 000–00–0000 

CHRISTENSEN, JOHN A., 000–00–0000 

CLARK, BENJAMIN R., 000–00–0000 

CLARK, DAVID A., 000–00–0000 

CLARK, EARL M., 000–00–0000 

CLARK, WALTER L., 000–00–0000 

CLAY, MICHAEL D., 000–00–0000 

CLAY, STEVEN E., 000–00–0000 

CLEGG, JAMES D., 000–00–0000 

CLEMENT, DAVID L., 000–00–0000 

CLEMONS, JOHN L., JR., 000–00–0000 

CLEPPER, FRANCIS D., 000–00–0000 

CLIFTON, WILLIAM R., 000–00–0000 

COCKER, LOUIS F., 000–00–0000 

COLBERT, PATRICK L., 000–00–0000 

COLEMAN, GIFFORD, 000–00–0000 

COLLETTI, FRANCIS A., 000–00–0000 

COLLINS, ALFRED C., 000–00–0000 

COLLINS, JACK, 000–00–0000 

COLLYAR, LYNN A., 000–00–0000 

CONLEY, JOE E., 000–00–0000 

CONNER, DALE R., 000–00–0000 

CONWAY, RANDALL G., 000–00–0000 

COOPER, KEITH L., 000–00–0000 

COPELAND, WILLIAM H., 000–00–0000 

CORBETT, STEVEN R., 000–00–0000 

CORDES, MICHAEL A., 000–00–0000 

CORLEY, MICHAEL J., 000–00–0000 

COTTER, GERARD J., 000–00–0000 

COTTON, EDMUND W., 000–00–0000 

COURTNEY, EDWIN L., 000–00–0000 

COX, KENDALL P., 000–00–0000 

CRITES, STEVEN J., 000–00–0000 

CROSBY, WILLIAM T., 000–00–0000 

CROSS, JESSE R., 000–00–0000 

CROSSLEY, RICHARD J., 000–00–0000 

*CROSSONWILLIAMS, M.E., 000–00–0000 

CROWSON, MARK S., 000–00–0000 

CRUMP, LEONARD A., JR., 000–00–0000 

CRUTCHFIELD, BRENDA, 000–00–0000 

CRUZE, HOYT A., 000–00–0000 

CUGNO, RONALD J., 000–00–0000 

CUMMINGS, WINFRED S., 000–00–0000 

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