In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Abuse Reform and Enforcement 
Act of 2005'' or ``CARE Act of 2005''.

    TITLE I--WITHHOLDING AND REDISTRIBUTION OF CERTAIN STATE CHILD 
                            PROTECTION FUNDS

SEC. 101. WITHHOLDING AND REDISTRIBUTION OF STATE FUNDS.

    (a) Child Abuse Prevention and Treatment Act.--Beginning 1 year 
after the date of the enactment of this Act, the Secretary of Health 
and Human Services shall reduce, by 25 percent, the allocation to a 
State for a fiscal year under title I of the Child Abuse Prevention and 
Treatment Act that does not meet each of the requirements of title II 
of this Act.
    (b) National Child Protection Act of 1993.--Beginning 1 year after 
the date of the enactment of this Act, the Attorney General shall 
reduce, by 25 percent, amounts under a grant under section 4(b) of the 
National Child Protection Act of 1993 to a State for a fiscal year that 
does not meet each of the requirements of title II of this Act.
    (c) Redistribution of Funds.--The Attorney General shall, using 
funds withheld under this section and amounts appropriated pursuant to 
the authorization of appropriations under section 102, provide grants 
to States that meet the requirements of title II of this Act. A grant 
made under this subsection shall be used--
            (1) for the computerization of data and criminal history 
        files for purposes of title II of this Act;
            (2) for the improvement of existing data and computerized 
        criminal history files for purposes of title II of this Act; 
        and
            (3) to assist the State in the transmittal of data and 
        criminal records to, or the indexing of data and criminal 
        history records in, the national data and criminal history 
        systems for purposes of title II of this Act.

SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL FUNDING GRANTS 
              FOR THE IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.

    There are authorized to be appropriated for additional grants under 
section 101(c) $50,000,000 for each of the fiscal years 2006 through 
2009.

     TITLE II--CHILD SEXUAL ABUSE PROTECTION AND SENTENCING REFORM

SEC. 201. REQUIREMENT TO EQUALIZE SENTENCING REQUIREMENTS FOR 
              INTRAFAMILIAL AND EXTRAFAMILIAL CHILD SEXUAL ABUSE.

    (a) State Study of Laws Regarding Intrafamilial and Extrafamilial 
Child Sexual Abuse.--A State meets the requirements of this subsection 
if, not later than 1 year after the date of enactment of this Act, the 
State--
            (1) has studied the laws in the State that apply to 
        intrafamilial and extrafamilial sexual abuse of children; and
            (2) has examined, at a minimum--
                    (A) issues concerning differences in laws 
                applicable to intrafamilial and extrafamilial child 
                sexual abuse;
                    (B) issues concerning disparities in charging and 
                sentencing perpetrators of child sexual abuse, 
                resulting from differences in applicable laws; and
                    (C) issues concerning legislative actions necessary 
                to equalize charging and sentencing of perpetrators of 
                sexual abuse without regard to familial relationship of 
                perpetrator to child victim.
    (b) Report to the Attorney General.--A State meets the requirements 
of this subsection if the State submits to the Attorney General a 
report that contains the results of the study conducted under 
subsection (a).
    (c) Legislative Actions to Equalize Sentencing Requirements.--
            (1) In general.--Except as provided in paragraph (2), a 
        State meets the requirements of this subsection if, not later 
        than 1 year after the date of enactment of this Act, the State 
        has implemented legislative actions necessary to equalize 
        charging and sentencing of perpetrators of sexual abuse without 
        regard to familial relationship of perpetrator to child victim.
            (2) Exception.--The Attorney General may provide for an 
        extension of the 1-year time requirement in paragraph (1) for 
        any State if the Attorney General determines that State 
        legislation (other than legislation appropriating funds) is 
        required to meet the additional requirements imposed by this 
        Act.

SEC. 202. REQUIREMENT TO GATHER INFORMATION ON SEXUAL ABUSE OF 
              CHILDREN.

    A State meets the requirements of this section if the State--
            (1) compiles and analyzes data relating to intrafamilial 
        and extrafamilial sexual abuse of children;
            (2) promotes regulations requiring the gathering of such 
        data by State courts and State agencies for compilation and 
        analysis purposes;
            (3) provides, on an annual basis, to the Attorney General, 
        the Secretary of Health and Human Services, and the Bureau of 
        Justice Statistics a report containing the data referred to in 
        paragraph (1) and a description of the regulations referred to 
        in paragraph (2).
Child Abuse Reform and Enforcement Act of 2005 - CARE Act of 2005 - Directs the Secretary of Health and Human Services and the Attorney General to reduce by 25 percent certain fiscal year allocations and grant amounts, under the Child Abuse Prevention and Treatment Act and the National Child Protection Act of 1993, respectively, to any state that is not in compliance with requirements of this Act.

Directs the Attorney General to use such withheld amounts and authorized funds under this Act for additional grants to states in compliance to computerize, improve, transmit, and index their own data and criminal history files in the national data and criminal history systems for child sexual abuse protection and sentencing reform.

Requires a state, to be eligible for funding under this Act, to: (1) study its laws pertaining to intrafamilial and extrafamilial sexual abuse of children, and examine issues concerning their differences; (2) examine disparities in charging and sentencing perpetrators of child sexual abuse; (3) examine, and implement, legislative actions necessary to equalize charging and sentencing without regard to familial relationship of perpetrator to child victim; (4) compile, analyze, and report relevant data; and (5) promote regulations requiring its courts and agencies to compile such data.

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.''.
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.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Claims Guidance Act''.

SEC. 2. RULES FOR ACTIONS UNDER FALSE CLAIMS PROVISIONS BASED ON CLAIMS 
              SUBMITTED UNDER CERTAIN HEALTH CARE PROGRAMS.

    (a) In General.--Subchapter III of chapter 37 of title 31, United 
States Code, is amended by adding at the end the following:
``Sec. 3734. Rules for certain actions based on health care claims
    ``(a) In General.--In the case of any action that is brought under 
this subchapter based on a claim submitted with respect to a federally 
funded health care program, the preceding provisions of this subchapter 
shall apply only to the extent that such provisions are consistent with 
the provisions of this section.
    ``(b) Actions if Amount of Damages Are Material Amount.--
Notwithstanding the preceding sections of this subchapter, no action 
may be brought under this subchapter based on a claim that is submitted 
under a federally funded health care program unless the amount of 
damages alleged to have been sustained by the United States Government 
with respect to such claim is a material amount.
    ``(c) Actions for Claims Submitted in Reliance on Official 
Guidance.--Notwithstanding the preceding sections of this subchapter, 
no action may be brought under this subchapter based on a claim 
submitted--
            ``(1) in reliance on (and correctly using) erroneous 
        information supplied by a Federal agency (or an agent thereof) 
        about matters of fact at issue; or
            ``(2) in reliance on (and correctly applying) written 
        statements of Federal policy which affects such claim provided 
        by a Federal agency (or an agent thereof).
    ``(d) Action for Claims Submitted by Persons in Substantial 
Compliance With Model Compliance Plan.--Notwithstanding the preceding 
sections of this subchapter, no action may be brought under this 
subchapter based on a claim submitted by a person that is in 
substantial compliance with a model compliance plan issued by the 
Secretary of Health and Human Services (in consultation with the 
Secretary of Defense).
    ``(e) Standard of Proof.--In any action brought under this 
subchapter with respect to a claim submitted to a federally funded 
health care program, section 3731(c) shall be applied by substituting 
`clear and convincing evidence' for `a preponderance of the evidence'.
    ``(f) Rule of Construction.--Nothing in this section shall be 
construed as limiting the authority of the Government of the United 
States to recoup or otherwise recover damages with respect to a claim 
submitted to a federally funded health care program under provisions of 
law other than this subchapter.
    ``(g) Definitions; Related Rules.--For purposes of this section--
            ``(1) the term `claim' means a claim (as defined in section 
        3729(c)) made with respect to a federally funded health care 
        program;
            ``(2) the term `damages' means the amount of any 
        overpayment made by the United States Government with respect 
        to a claim;
            ``(3) the term `federally funded health care program' means 
        a program that provides health benefits, whether directly, 
        through the purchase of insurance, or otherwise, that is 
        established under--
                    ``(A) title XVIII, XIX, or XXI of the Social 
                Security Act, or
                    ``(B) title 10, United States Code;
            ``(4) the amount of damages alleged to have been sustained 
        by the United States Government with respect to a claim 
        submitted by (or on behalf of) a person shall be treated as a 
        `material amount' only if such amount exceeds a proportion 
        (specified in regulations promulgated by the Secretary of 
        Health and Human Services in consultation with the Secretary of 
        Defense) of the total of the amounts for which claims were 
        submitted by (or on behalf of) such person--
                    ``(A) to the same federally funded health care 
                program, and
                    ``(B) for the same calendar year,
        as the claim upon which an action under this subchapter is 
        based;
            ``(5) the regulations specifying the proportion referred to 
        in paragraph (4) shall be based on the definition of the term 
        `material' used by the American Institute of Certified Public 
        Accountants as of the date of the enactment of this section; 
        and
            ``(6) in determining whether an amount of damages is a 
        `material amount' under paragraph (4), with respect to a 
        person--
                    ``(A) the amount of damages for more than 1 claim 
                may be aggregated only if the acts or omissions 
                resulting in such damages were part of a pattern of 
                related acts or omissions by such person, and
                    ``(B) if damages for more than 1 claim are 
                aggregated in accordance with subparagraph (A), the 
                proportion referred to in such paragraph shall be 
                determined by comparing the amount of such aggregate 
                damages to the total of the amounts for which claims 
                were submitted by (or on behalf of) such person to the 
                same federally funded health care program for each of 
                the calendar years for which any claim upon which such 
                aggregate damages were based was submitted.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to actions brought under subchapter III of chapter 37 of title 
31, United States Code, with respect to claims submitted before, on, 
and after the date of the enactment of this Act.

Health Care Claims Guidance Act - Amends Federal law relating to claims against the U. S. Government to prohibit any action under such provisions based on a claim submitted:  (1) under a federally funded health care program unless the amount of damages alleged is a material amount; (2) in reliance on erroneous information supplied by a Federal agency or in reliance on written statements of Federal policy which affects such claim provided by a Federal agency; or (3) by a person that is in substantial compliance with a model compliance plan issued by the Secretary of Health and Human Services (in consultation with the Secretary of Defense).  Requires that the Government prove an allegation of a false health care claim by clear and convincing evidence.  Defines, for the amendments made by this Act, "federally funded health care program" to mean a program that provides health benefits, directly or otherwise, established under Social Security Act titles XVIII (Medicare), XIX (Medicaid), or XXI (Children's Health Insurance) or provisions of Federal law relating to the armed forces.