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CRS84686ENRpage04
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and effects of acid rain. (a) The Federal center for this re~ search is the National Acid Precipitation Assessment Program, established under the Acid Precipitation Act of 1980. Its activities were summarized by Dr. Christopher Bernabo, Executive Director of the Interagency Task Force on Acid Precipitation, and are reviewed in NAPAP's 1983 annual report, issued after the hearing and made part
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CRS84686ENRpage27
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CRS-15 No. 1. Generally, in sensitive regions where we find signifi- cantly acidic precipitation -- I'm defining that as pH less than 4.6 - we find some acid lakes -- lakes defined as less than pH 5. Where we do not find acid rain, we do not find acid lakes. 2. Sulfate from SOX emissions is a dominant anion in precipita- tion in these regions, and in the lakes. There exist strong
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CRS84686ENRpage64
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to this country. We think it is being dealt with by the present law, and we do have time, because of the beneficial trendlines, to know more about the problem before we choose the course that we must take to resolve the problem further. I believe that the 10-12 million tons per year S02 rollback pro- posals are of questionable necessity and uncertain benefits. In contrast, I am quite certain that such measures
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) in site specific situations, locking utilities into a potentially obsolete technology, and the progress being made toward development of new, more efficient control technologies. In response to written questions from the Committee, DOE identified eight major difficulties with retrofitting scrubbers to existing power plants. They were the following: 1. Available space, both internal to the plant
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CRS84686ENRpage36
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in the United States, although not to the same degree. iMuch of the affected forest area is in the East. Dr. Ellis Cowling, head of the National Atmospheric Deposition Program since 1976, describes the situation in the eastern forests:
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CRS84686ENRpage43
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), the Connecticut report stated the following: Yocum§(1981) summarized the types of damage to materials that can be caused by air pollution as shown in Table 1. In testimony to the Task Force, Yocum indicated that acid rain itself has little effect on material damage. Most damage is caused by dry deposition or sorption of gases, particularly S02 and NOX, which then react with dew or other moisture. Other
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CRS86620Apage05
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EXECUTIVE SUMMARY In February 1985, the Supreme Court ruled in Garcia v. San Antonio Metropolitan Transit Authority that state and local public employers were no longer exempt from the wage and overtime requirements of the federal Fair Labor Standards Act of 1938 (FLSA), and thus would be required to pay their employees one-and-one-half times their regular rate of pay, in cash, for hours worked
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in this connection, the ques- tion arises with respect to a public employer to which, prior to February 19, 1985, the pro- visions of the Fair Labor Standards Act were inapplicable by virtue of the doctrine of National League of Cities, and which has, dur- ing some portion or all of the period since February 19, 1985, been paying overtime com- pensation, in cash, to employees, in com- pliance with the requirements
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CRS86620Apage04
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of the Garcia decision. The Senate bill, S. 1570, was reported by the Senate Labor and Human Resources Committee on October 17, 1985. The anti-retaliation provision read as follows: Sec. 6. Notwithstanding the provisions of section 8, an employee of a public agency who asserts rights under the Fair Labor Standards Act of 1938 between February 19, 1985, and April 14, 1986, shall be accorded the same protection
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CRS86620Apage01
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\\ A ([7 86--62oA Congressional Research Service The Library of Congress Washington. D.C. 20540 REDUCTION OF WAGE RATES UNDER ANTI-RETALIATION PROVISIONS OF 1985 FLSA AMENDMENTS Vincent E. Treacy Legislative Attorney American Law Division January 22, 1986 N 0 E Q N G P no P E RT§'R Q P 0 L 1 N E E RA Ric" Hn§mg',.Si-W Government pubucoations Unfi AUG 0 2 I994 Washiggton g
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CRS86620Apage14
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CRS-11 ANALYSIS ‘The anti-retaliation provision of the FLSA provides that it shall be unlawful for any person "(3) to discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, or has served
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on or after February 19, 1985, the employee asserted coverage under section 7 of the Fair Labor Stan- dards Act of 1938 shall be held to have violated section 15(a)(3) of such Act. The protection against discrimination afforded by the preceding sentence shall be available after August 1, 1986, only for an employee who takes an action described in section 15(a)(3) of such Act. H.R. Rep. No. 99-357, 99th Cong
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CRS86620Apage03
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REDUCTION OF WAGE RATES UNDER ANTI-RETALIATIONS PROVISIONS OF 1985 FLSA AMENDMENTS The Supreme Court's decision in Garcia v. San Antonio Metropolitan Transit Authority, (No. 82-1913, Feb. 19, 1985) held that the Fair Labor Standards Act of 1938 (FLSA) could constitutionally be applied to state and local public employers. The FLSA requires an employer to pay its employees one-and-one half
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had been redesignated as section 8, and the language was revised as follows: DISCRIMINATION Sec. 8. An employee of a public agency who as- serts coverage under the Fair Labor Standards Act of 1938 between February 19, 1985, and April 14, 1986, shall be accorded the same protection against dis- charge or discrimination as is available under sec- tion 15(a)(3) of the Fair Labor Standards Act of 1938
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and unambiguous on its face, that the plain meaning of the statute is logical and consistent with expressions of congressional intent, and that the conflicting portion of the legislative history is ambiguous and unclear, it appears that a re- viewing court would apply the language of the statute to any discriminatory employer actions instituted on or after February 19, 1985. Public employees thus appear
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CRS85631Epage13
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; (Emphasis added.) 0.” 2' 4/ The 1935 amendments to the Davis-Bacon Act (P.L. 74-403) provided for: fig (a) predetermination of the prevailing wage by the Secretary of Labor; (b) ex- E;tension of the Act to include public worxs as well as public buildings; (c) lower- § ing of the dollar volume threshold for coverage from $5,000 (as in the 1931 statute) to $2,000; and (d) for various enforcement
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. Issue Brief No. IB8lO38, by Bolle and Whittaker, March 25, f9b3i- 29 p.A 2] U.S. Library of3Congress. Congressional Research Service. The Davis- Bacon Act: A Review of the Literature- Report No. 84-137 E, by William G. Whittaker, Washington, October 4, l984;;b26 p. I
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