instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Paycheck Fairness Act''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) Women have entered the workforce in record numbers.
(2) Even in the 1990's, women earn significantly lower pay
than men for work on jobs that require equal skill, effort, and
responsibility and that are performed under similar working
conditions. These pay disparities exist in both the private and
governmental sectors. In many instances, the pay disparities
can only be due to continued intentional discrimination or the
lingering effects of past discrimination.
(3) The existence of such pay disparities--
(A) depresses the wages of working families who
rely on the wages of all members of the family to make
ends meet;
(B) prevents the optimum utilization of available
labor resources;
(C) has been spread and perpetuated, through
commerce and the channels and instrumentalities of
commerce, among the workers of the several States;
(D) burdens commerce and the free flow of goods in
commerce;
(E) constitutes an unfair method of competition in
commerce;
(F) leads to labor disputes burdening and
obstructing commerce and the free flow of goods in
commerce;
(G) interferes with the orderly and fair marketing
of goods in commerce; and
(H) in many instances, may deprive workers of equal
protection on the basis of sex in violation of the 5th
and 14th amendments.
(4)(A) Artificial barriers to the elimination of
discrimination in the payment of wages on the basis of sex
continue to exist more than 3 decades after the enactment of
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.)
and the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.).
(B) Elimination of such barriers would have positive
effects, including--
(i) providing a solution to problems in the economy
created by unfair pay disparities;
(ii) substantially reducing the number of working
women earning unfairly low wages, thereby reducing the
dependence on public assistance; and
(iii) promoting stable families by enabling all
family members to earn a fair rate of pay;
(iv) remedying the effects of past discrimination
on the basis of sex and ensuring that in the future
workers are afforded equal protection on the basis of
sex; and
(v) ensuring equal protection pursuant to Congress'
power to enforce the 5th and 14th amendments.
(5) With increased information about the provisions added
by the Equal Pay Act of 1963 and wage data, along with more
effective remedies, women will be better able to recognize and
enforce their rights to equal pay for work on jobs that require
equal skill, effort, and responsibility and that are performed
under similar working conditions.
(6) Certain employers have already made great strides in
eradicating unfair pay disparities in the workplace and their
achievements should be recognized.

SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS.

(a) Required Demonstration for Affirmative Defense.--Section
6(d)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(1))
is amended by striking ''(iv) a differential'' and all that follows
through the period and inserting the following: ''(iv) a differential
based on a bona fide factor other than sex, such as education, training
or experience, except that this clause shall apply only if--
''(I) the employer demonstrates that--
''(aa) such factor--
''(AA) is job-related with
respect to the position in
question; or
''(BB) furthers a
legitimate business purpose,
except that this item shall not
apply where the employee
demonstrates that an
alternative employment practice
exists that would serve the
same business purpose without
producing such differential and
that the employer has refused
to adopt such alternative
practice; and
''(bb) such factor was actually
applied and used reasonably in light of
the asserted justification; and
''(II) upon the employer succeeding under
subclause I, the employee fails to demonstrate
that the differential produced by the reliance
of the employer on such factor is itself the
result of discrimination on the basis of sex by
the employer.
''An employer that is not otherwise in compliance with this
paragraph may not reduce the wages of any employee in order to
achieve such compliance.''.
(b) Application of Provisions.--Section 6(d)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(d)(1)) is amended by adding at the
end the following: ''The provisions of this subsection shall apply to
applicants for employment if such applicants, upon employment by the
employer, would be subject to any provisions of this section.''.
(c) Elimination of Establishment Requirement.--Section 6(d) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)) is amended--
(1) by striking '', within any establishment in which such
employees are employed,''; and
(2) by striking ''in such establishment'' each place it
appears.
(d) Nonretaliation Provision.--Section 15(a)(3) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 215(a)(3)) is amended--
(1) by striking ''or has'' each place it appears and
inserting ''has''; and
(2) by inserting before the semicolon the following: '', or
has inquired about, discussed, or otherwise disclosed the wages
of the employee or another employee, or because the employee
(or applicant) has made a charge, testified, assisted, or
participated in any manner in an investigation, proceeding,
hearing, or action under section 6(d)''.
(e) Enhanced Penalties.--Section 16(b) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(b)) is amended--
(1) by inserting after the first sentence the following:
''Any employer who violates section 6(d) shall additionally be
liable for such compensatory or punitive damages as may be
appropriate, except that the United States shall not be liable
for punitive damages.'';
(2) in the sentence beginning ''An action to'', by striking
''either of the preceding sentences'' and inserting ''any of
the preceding sentences of this subsection'';
(3) in the sentence beginning ''No employees shall'', by
striking ''No employees'' and inserting ''Except with respect
to class actions brought to enforce section 6(d), no
employee'';
(4) by inserting after the sentence referred to in
paragraph (3), the following: ''Notwithstanding any other
provision of Federal law, any action brought to enforce section
6(d) may be maintained as a class action as provided by the
Federal Rules of Civil Procedure.''; and
(5) in the sentence beginning ''The court in''--
(A) by striking ''in such action'' and inserting
''in any action brought to recover the liability
prescribed in any of the preceding sentences of this
subsection''; and
(B) by inserting before the period the following:
'', including expert fees''.
(f) Action by Secretary.--Section 16(c) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 216(c)) is amended--
(1) in the first sentence--
(A) by inserting ''or, in the case of a violation
of section 6(d), additional compensatory or punitive
damages,'' before ''and the agreement''; and
(B) by inserting before the period the following:
'', or such compensatory or punitive damages, as
appropriate'';
(2) in the second sentence, by inserting before the period
the following: ''and, in the case of a violation of section
6(d), additional compensatory or punitive damages'';
(3) in the third sentence, by striking ''the first
sentence'' and inserting ''the first or second sentence''; and
(4) in the last sentence--
(A) by striking ''commenced in the case'' and
inserting ''commenced--
''(1) in the case'';
(B) by striking the period and inserting
''; or''; and
(C) by adding at the end the following:
''(2) in the case of a class action brought to enforce
section 6(d), on the date on which the individual becomes a
party plaintiff to the class action''.

SEC. 4. TRAINING.

The Equal Employment Opportunity Commission and the Office of
Federal Contract Compliance Programs, subject to the availability of
funds appropriated under section 9(b), shall provide training to
Commission employees and affected individuals and entities on matters
involving discrimination in the payment of wages.

SEC. 5. RESEARCH, EDUCATION, AND OUTREACH.

The Secretary of Labor shall conduct studies and provide
information to employers, labor organizations, and the general public
concerning the means available to eliminate pay disparities between men
and women, including--
(1) conducting and promoting research to develop the means
to correct expeditiously the conditions leading to the pay
disparities;
(2) publishing and otherwise making available to employers,
labor organizations, professional associations, educational
institutions, the media, and the general public the findings
resulting from studies and other materials, relating to eliminating the
pay disparities;
(3) sponsoring and assisting State and community
informational and educational programs;
(4) providing information to employers, labor
organizations, professional associations, and other interested
persons on the means of eliminating the pay disparities;
(5) recognizing and promoting the achievements of
employers, labor organizations, and professional associations
that have worked to eliminate the pay disparities; and
(6) convening a national summit to discuss, and consider
approaches for rectifying, the pay disparities.

SEC. 6. TECHNICAL ASSISTANCE AND EMPLOYER RECOGNITION PROGRAM.

(a) Guidelines.--
(1) In general.--The Secretary of Labor shall develop
guidelines to enable employers to evaluate job categories based
on objective criteria such as educational requirements, skill
requirements, independence, working conditions, and responsibility,
including decisionmaking responsibility and de facto supervisory
responsibility.
(2) Use.--The guidelines developed under paragraph (1)
shall be designed to enable employers voluntarily to compare
wages paid for different jobs to determine if the pay scales
involved adequately and fairly reflect the educational
requirements, skill requirements, independence, working
conditions, and responsibility for each such job with the goal
of eliminating unfair pay disparities between occupations
traditionally dominated by men or women.
(3) Publication.--The guidelines shall be developed under
paragraph (1) and published in the Federal Register not later
than 180 days after the date of enactment of this Act.
(b) Employer Recognition.--
(1) Purpose.--It is the purpose of this subsection to
emphasize the importance of, encourage the improvement of, and
recognize the excellence of employer efforts to pay wages to
women that reflect the real value of the contributions of such
women to the workplace.
(2) In general.--To carry out the purpose of this
subsection, the Secretary of Labor shall establish a program
under which the Secretary shall provide for the recognition of
employers who, pursuant to a voluntary job evaluation conducted
by the employer, adjust their wage scales (such adjustments
shall not include the lowering of wages paid to men) using the
guidelines developed under subsection (a) to ensure that women
are paid fairly in comparison to men.
(3) Technical assistance.--The Secretary of Labor may
provide technical assistance to assist an employer in carrying
out an evaluation under paragraph (2).
(c) Regulations.--The Secretary of Labor shall promulgate such
rules and regulations as may be necessary to carry out this section.

SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE
WORKPLACE.

(a) In General.--There is established the Robert Reich National
Award for Pay Equity in the Workplace, which shall be evidenced by a
medal bearing the inscription ''Robert Reich National Award for Pay
Equity in the Workplace''. The medal shall be of such design and
materials, and bear such additional inscriptions, as the Secretary of
Labor may prescribe.
(b) Criteria for Qualification.--To qualify to receive an award
under this section a business shall--
(1) submit a written application to the Secretary of Labor,
at such time, in such manner, and containing such information
as the Secretary may require, including at a minimum
information that demonstrates that the business has made
substantial effort to eliminate pay disparities between men and
women, and deserves special recognition as a consequence; and
(2) meet such additional requirements and specifications as
the Secretary of Labor determines to be appropriate.
(c) Making and Presentation of Award.--
(1) Award.--After receiving recommendations from the
Secretary of Labor, the President or the designated
representative of the President shall annually present the
award described in subsection (a) to businesses that meet the
qualifications described in subsection (b).
(2) Presentation.--The President or the designated
representative of the President shall present the award under
this section with such ceremonies as the President or the
designated representative of the President may determine to be
appropriate.
(d) Business.--In this section, the term ''business'' includes--
(1)(A) a corporation, including a nonprofit corporation;
(B) a partnership;
(C) a professional association;
(D) a labor organization; and
(E) a business entity similar to an entity described in any
of subparagraphs (A) through (D);
(2) an entity carrying out an education referral program, a
training program, such as an apprenticeship or management
training program, or a similar program; and
(3) an entity carrying out a joint program, formed by a
combination of any entities described in paragraph (1) or (2).

SEC. 8. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION.

Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is
amended by adding at the end the following:
''(f)(1) Not later than 18 months after the date of enactment of
this subsection, the Commission shall--
''(A) complete a survey of the data that is currently
available to the Federal Government relating to employee pay
information for use in the enforcement of Federal laws
prohibiting pay discrimination and, in consultation with other
relevant Federal agencies, identify additional data collections
that will enhance the enforcement of such laws; and
''(B) based on the results of the survey and consultations
under subparagraph (A), issue regulations to provide for the
collection of pay information data from employers as described
by the sex, race, and national origin of employees.
''(2) In implementing paragraph (1), the Commission shall have as
its primary consideration the most effective and efficient means for
enhancing the enforcement of Federal laws prohibiting pay
discrimination. For this purpose, the Commission shall consider factors
including the imposition of burdens on employers, the frequency of
required reports (including which employers should be required to
prepare reports), appropriate protections for maintaining data
confidentiality, and the most effective format for the data collection
reports.''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
answer:
Paycheck Fairness Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to revise remedies for and enforcement of prohibitions against sex discrimination in the payment of wages (such FLSA prohibitions are also known as the Equal Pay Act).
(Sec. 3) Amends FLSA to provide for enhanced enforcement of equal pay requirements, adding a nonretaliation requirement. Increases penalties for such violations. Provides for the Secretary of Labor to seek additional compensatory or punitive damages in such cases.
(Sec. 4) Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination.
(Sec. 5) Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including convening a national summit and carrying out other specified activities.
(Sec. 6) Directs the Secretary to: (1) develop guidelines for employer evaluations of job categories based on objective criteria, to be used voluntarily by employers to compare wages for different jobs to determine if pay scales adequately and fairly reflect each job's educational and skill requirements, independence, working conditions, and responsibility, in order to eliminate unfair pay disparities between occupations traditionally dominated by men or women; and (2) establish a program to recognize employers who use such guidelines to ensure that women are paid fairly in comparison to men without lowering men's wages. Authorizes the Secretary to provide technical assistance for employers to carry out such evaluations.
(Sec. 7) Establishes the Robert Reich National Award for Pay Equity in the Workplace, which shall be evidenced by a medal. Sets forth criteria for specified types of entities to receive such an award.
(Sec. 8) Expresses the sense of the Senate that the President should: (1) take appropriate steps to increase the amount of information available with respect to wage disparities; and (2) consider ways to collect such information that maximize its utility, protect individual privacy, and minimize reporting burdens.
(Sec. 9) Authorizes appropriations.

question:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Mercury Reduction and Energy
Security Act of 2010''.

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings.--Congress finds the following:
(1) The Environmental Protection Agency (''EPA'') was
required by the terms of the Clean Air Act Amendments of 1990
and a 1998 consent agreement to determine whether regulation of
mercury from electric utility steam generating units under
section 112 of the Clean Air Act was appropriate and necessary.
(2) In a December 2000, regulatory finding, the EPA
concluded that regulation of mercury from electric utility
steam generating units was appropriate and necessary.
(3) In 2005, the EPA withdrew its 2000 regulatory finding
in favor of a national cap-and-trade system for mercury
emissions from electric utility steam generating units, the
Clean Air Mercury Rule (''CAMR'').
(4) CAMR was subsequently challenged in petitions for
review filed by 17 States.
(5) The United States Court of Appeals for the District of
Columbia Circuit vacated the rule on February 8, 2008, finding
that once the EPA had listed electric utility steam generating
units as a source of hazardous air pollutants, it was required
by law to proceed with Maximum Achievable Control Technology
(''MACT'') regulations under section 112 of the Clean Air Act
unless it delisted the source category, under procedures set
forth in section 112(c)(9).
(6) Mercury control technologies for coal-fired electric
utility steam generating units have advanced rapidly in the
last few years.
(b) Purpose.--The purpose of this Act is to protect public health
and welfare, and the environment, through mercury emission reductions
from electric utility steam generating units.

SEC. 3. MERCURY EMISSION REDUCTIONS.

The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at
the end the following new title:

''TITLE VII--MERCURY REDUCTIONS

''SEC. 701. DEFINITIONS.

''In this title:
''(1) Affected unit.--The term 'affected unit' means a
coal-fired electric steam generating unit (including a
cogeneration unit) that--
''(A) has a nameplate capacity greater than 25
megawatts; and
''(B) generates electricity for sale.
''(2) Cogeneration unit.--The term 'cogeneration unit'
means a stationary, coal-fired boiler or a stationary, coal-
fired combustion turbine having equipment used to produce
electricity and useful thermal energy for industrial,
commercial, heating, or cooling purposes through the sequential
use of energy that produces during the 12-month period starting
on the date the unit first produces electricity and during any
calendar year after which the unit first produces electricity--
''(A) for a topping-cycle cogeneration unit--
''(i) useful thermal energy not less than 5
percent of total energy output; and
''(ii) useful power that, when added to
one-half of useful thermal energy produced, is
not less than--
''(I) 42.5 percent of total energy
input if useful thermal energy produced
is 15 percent or more of total energy
output; or
''(II) 45 percent of total energy
input if useful thermal energy produced
is less than 15 percent of total energy
output; and
''(B) for a bottoming-cycle cogeneration unit,
useful power not less than 45 percent of total energy
input.
''(3) Inlet mercury.--The term 'inlet mercury' means the
quantity of mercury found--
''(A) in the as-fired coal used by an affected
unit; or
''(B) for an affected unit using coal that is
subjected to an advanced coal cleaning technology, in
the as-mined coal used by the affected unit.

''SEC. 702. MERCURY REDUCTION PROGRAM.

''(a) Annual Limitation for Affected Units.--Except as provided in
subsection (f), an affected unit in operation before or after the date
of enactment of this title shall be subject to the following emission
limitations on an annual average calendar year basis with respect to
mercury:
''(1) Calendar years 2012 through 2014.--For the period
beginning on January 1, 2012, and ending on December 31, 2014,
the less stringent limitation of the following (calculated on a
one-year rolling average):
''(A) 80 percent capture of inlet mercury.
''(B) An emission rate of 1.60 pounds of mercury
per trillion British thermal units of input coal.
''(2) Calendar year 2015 and thereafter.--For calendar year
2015 and each calendar year thereafter, the less stringent
limitation of the following (calculated on a one-year rolling
average):
''(A) 90 percent capture of inlet mercury.
''(B) An emission rate of 0.80 pounds of mercury
per trillion British thermal units of input coal.
''(b) Averaging Across Units Within a Facility or State.--(1) An
owner or operator of more than one affected unit at a single facility
may demonstrate compliance with the applicable annual average emission
limitations under subsection (a) by averaging emissions from all
affected units at that facility, weighted by total input coal British
thermal units.
''(2) An owner or operator of more than one affected unit or units
within a State may demonstrate compliance with the applicable annual
average emission limitations under subsection (a) by averaging
emissions from all affected units owned or operated by that owner or
operator within such State, weighted by total input coal British
thermal units, if all affected units are owned or operated by the same
entity.
''(3) If an affected unit is owned or operated by more than one
entity, the State in which the affected unit is located shall allocate
to each such owner or operator an appropriate portion of the generation
from the affected unit for purposes of averaging emissions pursuant to
paragraph (1) or (2).
''(c) Reference Methods for Measuring Mercury Emissions.--(1) The
owner or operator of an affected unit shall use any of the following
methods as a reference method to calibrate the instruments used to
measure the mercury concentration in emissions from affected units:
''(A) ASTM D6784-02, 'Standard Test Method for
Elemental, Oxidized, Particle-Bound and Total Mercury
in Flue Gas Generated from Coal-Fired Stationary
Sources' (Ontario Hydro Method).
''(B) 40 C.F.R. Part 60, Appendix A-8, Method 29,
'Determination of Metals Emissions from Stationary
Sources'.
''(C) 40 C.F.R. Part 60, Appendix A-8, Method 30A,
'Determination of Total Vapor Phase Mercury Emissions
from Stationary Sources (Instrumental Analyzer
Procedure)'.
''(D) 40 C.F.R. Part 60, Appendix A-8, Method 30B,
'Determination of Total Vapor Phase Mercury Emissions
from Coal-Fired Combustion Sources Using Carbon Sorbent
Traps'.
''(2) The Administrator may revise or supplement the list of
permitted methods set forth in paragraph (1) to reflect improvements or
other developments in the measurement of mercury emissions from coal-
fired electric steam generating units.
''(d) Monitoring System.--(1) The owner or operator of an affected
unit shall install and operate a continuous emissions monitoring system
(CEMS) to measure the quantity of mercury that is emitted from each
affected unit.
''(2) For purposes of complying with paragraph (1), the owner or
operator of an affected unit may use--
''(A) any CEMS that meets the requirements in Performance
Specification 12A (PS-12A), 'Specifications and Test Procedures
for Total Vapor-Phase Mercury Continuous Monitoring Systems in
Stationary Sources';
''(B) a mercury concentration CEMS that meets the
requirements of 40 C.F.R. Part 75; or
''(C) a sorbent trap monitoring system that meets the
requirements of 40 C.F.R. 75.15 and 40 C.F.R. Part 75, Appendix
K, 'Quality Assurance and Operating Procedures for Sorbent Trap
Monitoring Systems';
''(3) The Administrator may revise or supplement the list
of permitted monitoring systems set forth in paragraph (2) to
reflect improvements or other developments in mercury emissions
reduction technologies and mercury emissions monitoring
systems.
''(e) Excess Emissions.--(1) Except as provided in subsection (f),
the owner or operator of an affected unit that emits mercury in excess
of the applicable annual average emission limitation under subsection
(a) shall pay an excess emissions penalty determined under paragraph
(2).
''(2) The excess emissions penalty for mercury shall be an amount
equal to $50,000 for each pound of mercury emitted in excess of the
applicable annual average emission limitation under subsection (a).
Such penalty shall be prorated for each fraction of a pound.
''(f) Best Practices.--(1) Effective, January 1, 2015, if the owner
or operator of any affected unit fails to achieve the annual average
emission limitation under subsection (a)(2), such owner or operator may
notify the Administrator of such failure prior to March 1, 2015, and
request an alternate emissions limitation for mercury with respect to
such affected unit. Such owner or operator shall submit to the
Administrator mercury emissions data measured by a CEMS that complies
with subsection (d) for evaluation. If the Administrator determines
that such owner or operator has properly installed and operated such
CEMS and control technology designed to achieve such annual average
emission limitation and is unable to meet such limitation, the
Administrator may, not later than April 1, 2016, establish an alternate
emissions limitation for mercury with respect to such affected unit
based on the optimal performance of properly installed and operated
control technology.
''(2) With respect to any affected unit, for any year for which an
alternate emissions limitation for mercury is in place for such
affected unit, the Administrator may review such alternate emissions
limitation and impose a more stringent emissions limitation for mercury
for the subsequent year based on new data regarding the demonstrated
control capabilities of the type of control technology installed and
operated at such affected unit.
''(3)(A) Except as provided in subparagraph (B), an owner or
operator of an affected unit failing to achieve the annual average
emission limitation under subsection (a)(2) that notifies the
Administrator of such failure and requests and alternate emissions
limitation for mercury pursuant to paragraph (1) shall be considered in
compliance with this section (and not subject to any excess emissions
penalty) for the period beginning on January 1, 2015, and ending on the
date such an alternate emissions limitation is implemented.
''(B) An owner or operator described in subparagraph (A) shall pay
an excess emissions penalty, as determined under subsection (e)(2), for
the period described in such subparagraph, if such owner or operator
operates or maintains the affected unit, including any associated air
pollution control equipment, in a manner that is inconsistent with good
air pollution control practices for the minimization of mercury
emissions, as determined by the Administrator. In determining whether
the owner or operator of the affected unit operates and maintains the
affected unit in a manner that is consistent with good air pollution
control practices for the minimization of mercury emissions, the
Administrator may review the emissions monitoring data and operating
and maintenance procedures of the affected unit and may inspect the
affected unit.
''(4)(A) With respect to any affected unit for which an alternate
emissions limitation for mercury is in place under this subsection, the
owner or operator of such affected unit that emits mercury in excess of
such alternate emissions limitation shall pay an excess emissions
penalty determined under subparagraph (B).
''(B) The excess emissions penalty for mercury for an owner or
operator of an affected unit described in subparagraph (A) shall be an
amount equal to $50,000 for each pound of mercury emitted in excess of
the alternate emissions limitation for mercury in place for such
affected unit. Such penalty shall be prorated for each fraction of a
pound.
''(g) Sole Limitation on Mercury.--This title shall apply the sole
emission standard or limitation under this Act with regard to the
emission of mercury from electric utility steam generating units and
shall supersede any other such requirement under section 112 or any
other provision of this Act.
''(h) Relationship to Other Law.--Except as otherwise specifically
provided in this title, nothing in this title precludes a State or
political subdivision of a State from adopting or enforcing any
additional requirements for the control or abatement of mercury
emissions, except that no State or political subdivision thereof shall
adopt or attempt to enforce any standard relating to the reduction or
control of mercury emissions from electric utility steam generating
units that is less stringent than the standards provided in this
title.''.
answer:
Mercury Reduction and Energy Security Act of 2010 - Amends the Clean Air Act to require affected units (coal-fired electric steam generating units that have nameplate capacities greater than 25 megawatts and generate electricity for sale) to reduce mercury emissions by the less stringent limitation of: (1) 80% capture of inlet mercury or an emission rate of 1.6 pounds of mercury per trillion British thermal units (Btu) of input coal for the period beginning on January 1, 2012, and ending December 31, 2014; and (2) 90% capture of inlet mercury or an emission rate of 0.8 pounds of mercury per trillion Btu of input coal by 2015 and each year thereafter.

Specifies methods that owners or operators of affected units are required to use as reference methods in calibrating the instruments used to measure the mercury concentrations in emissions from affected units.

Establishes excess emissions penalties for mercury. Sets forth compliance provisions.

Authorizes: (1) owners or operators of affected units that fail to achieve such limitations to request an alternate emission limitation; (2) the Administrator of the Environmental Protection Agency (EPA) to establish alternate limitations if the Administrator determines that the owner or operator has properly installed and operated continuous emissions monitoring system and control technology designed to achieve such limitations and is unable to achieve such limitations; and (3) the Administrator, after granting alternate limitations, to impose more stringent emissions limitations in subsequent years. Makes such alternate limitations effective January 1, 2015.

Provides that this Act supersedes any other requirement in such Act with regard to the emission of mercury from electric utility steam generating units.

question:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Meningococcal Vaccination Act of
2004''.

SEC. 2. VACCINATION REQUIREMENTS.

Part G of title IV of the Higher Education Act of 1965 is amended
by inserting after section 485C (20 U.S.C. 1092c) the following new
section:

''SEC. 485D. VACCINATION REQUIREMENTS.

''(a) Definitions.--As used in this section:
''(1) The term 'enrolled' means having registered for a
credit or noncredit course.
''(2) The term 'postsecondary institution' means a school
of post-secondary education that generally limits enrollment to
graduates of secondary schools and awards degrees at the
associate, baccalaureate, or graduate level.
''(3) The term 'meningococcal vaccination' means receipt of
the vaccine protecting against at least the four serogroups of
A, C, Y, and W-135 of meningococcal disease within the 3 years
preceding the date on which the individual moves into on-campus
student housing.
''(4) The term 'on-campus student housing' means housing
provided to individuals, regardless of the fee, that is owned,
rented, or contracted for and operated by a postsecondary
institution, or through written agreement, with an agent of the
postsecondary institution.
''(b) Required Meningococcal Vaccination.--Except as provided in
subsection (c), an individual enrolled in a postsecondary institution
living in on-campus student housing shall--
''(1) obtain a meningococcal vaccination; and
''(2) submit written documentation to the postsecondary
institution from a health care professional or clinic of
receipt of a meningococcal vaccination.
''(c) Notification of Required Meningococcal Vaccination.--A
postsecondary institution shall--
''(1) inform an individual or the parent or guardian of an
individual younger than 18 years old of the requirement for
meningococcal vaccination at the time the individual--
''(A) is accepted for admission to a postsecondary
institution; or
''(B) registers for classes, if the individual is
not required to apply for admission before registering
for courses;
''(2) include notice of the requirement for meningococcal
vaccination in--
''(A) admission acceptance information;
''(B) student health-related information and
materials;
''(C) resident life information and materials;
''(D) the student handbook; and
''(E) the college catalog; and
''(3) provide detailed information to an individual who
resides or may reside in on-campus student housing or the
parent or guardian of an individual younger than 18 years old
who resides or may reside in on-campus student housing
concerning--
''(A) the risks associated with meningococcal
disease; and
''(B) the availability and effectiveness of
meningococcal vaccine.
''(d) Exemption From Meningococcal Vaccination Requirement.--
''(1) Adults.--An individual 18 years old or older is
exempt from the meningococcal vaccination requirement under
section 3 if the individual presents to the postsecondary
institution a signed written waiver in the form required by
section 6 stating that the individual has--
''(A) received and reviewed the information
specified in section 4; and
''(B) chosen not to obtain the meningococcal
vaccination.
''(2) Minors.--An individual younger than 18 years old is
exempt from the meningococcal vaccination requirement under
section 3 if a signed written waiver in the form required by
section 6 is presented to the postsecondary institution on
behalf of the individual stating that a parent or guardian of
the individual has--
''(A) received and reviewed the information
specified in section 4; and
''(B) chosen not to have the individual obtain the
meningococcal vaccination.
''(e) Waiver Form.--
''(1) Adults.--A waiver form for an individual 18 years old
or older shall--
''(A) state that the individual--
''(i) is 18 years old or older;
''(ii) has received and reviewed the
information provided by the postsecondary
institution on the risk of meningococcal
disease and the availability and effectiveness
of meningococcal vaccine; and
''(iii) chooses to waive the receipt of
meningococcal vaccine; and
''(B) provide spaces for the--
''(i) printed name of the individual;
''(ii) signature of the individual; and
''(iii) date.
''(2) Minors.--A waiver form for an individual younger than
18 years old shall--
''(A) state that--
''(i) the individual is younger than 18
years old;
''(ii) the parent or guardian of the
individual has received and reviewed the
information provided by the postsecondary
institution on the risk of meningococcal
disease and the availability and effectiveness
of meningococcal vaccine; and
''(iii) the parent or guardian of the
individual chooses to waive the receipt of
meningococcal vaccine for the individual; and
''(B) provide spaces for the--
''(i) printed name of the individual;
''(ii) printed name of the parent or
guardian;
''(iii) signature of the parent or
guardian; and
''(iv) date.
''(f) Payment for Inoculation.--Nothing in this section shall be
construed to require a postsecondary institution or a local public
health agency to provide or pay for a meningococcal vaccination.''.
answer:
Meningococcal Vaccination Act of 2004 - Amends the Higher Education Act of 1965 to require entering students who will reside in on-campus housing at postsecondary institutions to have received meningococcal vaccinations.