[Congressional Record Volume 140, Number 141 (Monday, October 3, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


[Congressional Record: October 3, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                        FLOW CONTROL ACT OF 1994

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                               speech of

                            HON. PAUL McHALE

                            of pennsylvania

                    in the house of representatives

                      Thursday, September 29, 1994

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 4683) to 
     amend the Solid Waste Disposal Act to provide congressional 
     authorization of State control over transportation of 
     municipal solid waste, and for other purposes

  Mr. McHALE. Mr. Chairman, in anticipation that the vote on final 
passage on H.R. 4683 will be by voice vote, I would like to take this 
opportunity to express, for the Record, my support of this bill.
  A few minutes ago, I voted for the Richardson-Fields amendment in 
belief that while some version of flow control is essential, the 
Richardson amendment was superior to the existing bill. However, with 
defeat of the Richardson amendment, I am convinced that the committee 
draft of the legislation, as now before us, should be enacted. It is my 
intention, therefore, to vote ``aye'' on final passage of H.R. 4683, 
the Flow Control Act of 1994.
  Mr. Chairman, recent Supreme Court decisions on the subject of flow 
control have cast doubt on the continuing constitutional validity of 
existing State and local flow control legislation. In my own State of 
Pennsylvania, our existing State statutes, and the local waste disposal 
plans adopted subject to it, are now faced with the very real 
possibility of a successful constitutional challenge. State and local 
governments should not be held hostage to evolving Supreme Court case 
law. For this reason, it is important that the validity of existing 
State and local legislation be confirmed by an appropriate delegation 
of authority under the commerce clause. Though a voice vote will 
prevent Members from documenting their individual positions regarding 
final passage, I wish to make it clear that my vote will be aye.

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