datamatters24/research-document-archive huggingface dataset:
paperwork requirements to be determined by the 
Secretary of Labor, except that this paragraph shall 
not apply to inspections or investigations arising 
from employee complaints, fatalities, catastrophes, 
or significant toxic releases. 
(5) NO PAYMENTS REQUIRED.—The Secretary 
of Labor shall not require any form of payment for 
an employer to qualify or participate in the vol-
untary protection program. 
(c) TRANSITION.—The Secretary of Labor shall take 
such steps as may be necessary for the orderly transition 
from the cooperative agreements and voluntary protection 
programs carried out by the Occupational Safety and 
Health Administration as of the day before the date of 
enactment of this Act, to the cooperative agreements and 
voluntary protection program authorized under this sec-
tion. In making such transition, the Secretary shall ensure 
that— 
(1) the voluntary protection program authorized 
under this section is based upon and consistent with 
the voluntary protection programs carried out on the 
day before the date of enactment of this Act; and 
(2) each employer that, as of the day before the 
date of enactment of this Act, had an active coopera-
tive agreement under the voluntary protection pro-
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which relates to electricity)’’ after ‘‘hydro-
gen’’ in subparagraph (A); and 
(iv) by inserting ‘‘, which is placed in 
service before January 1, 2011’’ after ‘‘hy-
drogen’’ in subparagraph (B). 
(B) EXTENSION
OF
CREDIT.—Subsection 
(g) of section 30C of such Code is amended— 
(i) by striking ‘‘and’’ at the end of 
paragraph (1); 
(ii) by redesignating paragraph (2) as 
paragraph (3); and 
(iii) by inserting after paragraph (1) 
the following new paragraph: 
‘‘(2) in the case of property relating to elec-
tricity, after December 31, 2016, and’’. 
(2) MODIFICATION OF COST PROVISIONS.—Sub-
section (e) of section 30C of such Code is amended 
by adding at the end the following new paragraph: 
‘‘(7) INSTALLATION
OF
ELECTRICITY
PROP-
ERTY.—In the case of any qualified alternative fuel 
vehicle refueling property which relates to electricity, 
for purposes of subsection (a), the cost of such prop-
erty shall include the cost of the original installation 
of such property.’’. 
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•HRES 1103 EH 
Whereas Sam Houston still stands as a symbol for Texas sol-
idarity and is one of the most significant individuals in 
the history of Texas: Now, therefore, be it 
Resolved, That the House of Representatives honors the 
life and accomplishments of Sam Houston for his historical 
contributions to the expansion of the United States. 
Attest: 
Clerk.
amended by striking paragraph (4) and inserting the fol-
lowing: 
‘‘(4)(A) Except as provided in paragraph (3) 
and subsection (g), any person who violates a re-
quirement of this Act that relates to drugs shall be 
subject to a civil penalty in an amount not to ex-
ceed— 
‘‘(i) $500,000 for each such violation; and 
‘‘(ii) for all such violations adjudicated in 
a single proceeding, $10,000,000. 
‘‘(B) Each violation described in subparagraph 
(A) and each day during which the violation con-
tinues shall be considered to be a separate offense.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 303(f)(3) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 331(f)(3)) is 
amended— 
(A) in subparagraph (A), by striking ‘‘Any 
person who’’ and inserting ‘‘Notwithstanding 
paragraph (4), any person who’’; and 
(B) in subparagraph (B), by striking ‘‘If a 
violation of’’ and inserting ‘‘Notwithstanding 
paragraph (4), if a violation of’’. 
(2) Section 303(g)(1) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 331(g)(1)) is 
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† HR 725 EAS 
(C) in subsection (c)(1), by inserting ‘‘, the 
Attorney General,’’ after ‘‘the Secretary of the 
Interior’’. 
(6) REVIEW.—Section 4211(a) of the Indian Al-
cohol and Substance Abuse Prevention and Treatment 
Act of 1986 (25 U.S.C. 2431(a)) is amended in the 
matter preceding paragraph (1) by inserting ‘‘, the 
Attorney General,’’ after ‘‘the Secretary of the Inte-
rior’’. 
(b) INDIAN EDUCATION PROGRAMS.—Section 4212 of 
the Indian Alcohol and Substance Abuse Prevention Act of 
1986 (25 U.S.C. 2432) is amended by striking subsection 
(a) and inserting the following: 
‘‘(a) SUMMER YOUTH PROGRAMS.— 
‘‘(1) IN GENERAL.—The head of the Indian Alco-
hol and Substance Abuse Program, in coordination 
with the Assistant Secretary for Indian Affairs, shall 
develop and implement programs in tribal schools 
and schools funded by the Bureau of Indian Edu-
cation (subject to the approval of the local school 
board or contract school board) to determine the effec-
tiveness of summer youth programs in advancing the 
purposes and goals of this Act. 
‘‘(2) COSTS.—The head of the Indian Alcohol 
and Substance Abuse Program and the Assistant Sec-
1400C(d) of such Code is amended to read as 
follows: 
‘‘(d) CARRYFORWARD OF UNUSED CREDIT.—If the 
credit allowable under subsection (a) exceeds the limita-
tion imposed by section 26(a) for such taxable year re-
duced by the sum of the credits allowable under subpart 
A of part IV of subchapter A (other than this section and 
section 25D), such excess shall be carried to the suc-
ceeding taxable year and added to the credit allowable 
under subsection (a) for such taxable year.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2009. 
Æ 
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(c) INAPPLICABILITY
OF CERTAIN PROVISIONS.— 
With respect to any standard required by subsection (a) 
to be promulgated in regulations under section 112 of the 
Clean Air Act (42 U.S.C. 7412), the provisions of sub-
sections (g)(2) and (j) of such section 112 shall not apply 
prior to the effective date of the standard specified in such 
regulations. 
SEC. 1103. COMPLIANCE DATES. 
(a) ESTABLISHMENT OF COMPLIANCE DATES.—For 
each regulation promulgated pursuant to section 1012, the 
Administrator— 
(1) shall establish a date for compliance with 
standards and requirements under such regulation 
that is, notwithstanding any other provision of law, 
not earlier than 5 years after the effective date of 
the regulation; and 
(2) in proposing a date for such compliance, 
shall take into consideration— 
(A) the costs of achieving emissions reduc-
tions; 
(B) any non-air quality health and environ-
mental impact and energy requirements of the 
standards and requirements;
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Defense Level Playing 
Field Act’’. 
SEC. 2. CONSIDERATION OF UNFAIR COMPETITIVE ADVAN-
TAGE IN EVALUATION OF OFFERS FOR KC–X 
AERIAL REFUELING AIRCRAFT PROGRAM. 
(a) REQUIREMENT TO CONSIDER UNFAIR COMPETI-
TIVE ADVANTAGE.—In awarding a contract for the KC– 
X aerial refueling aircraft program (or any successor to 
that program), the Secretary of Defense shall, in evalu-
ating any offers submitted to the Department of Defense 
in response to a solicitation for offers for such program, 
consider any unfair competitive advantage that an offeror 
may possess. 
(b) REPORT.—Not later than 60 days after submis-
sion of offers in response to any such solicitation, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report on any unfair competitive advantage 
that any offeror may possess. 
(c) REQUIREMENT TO TAKE FINDINGS INTO AC-
COUNT IN AWARD OF CONTRACT.—In awarding a contract 
for the KC–X aerial refueling aircraft program (or any 
successor to that program), the Secretary of Defense shall 
take into account the findings of the report submitted 
under subsection (b).
(d) UNFAIR COMPETITIVE ADVANTAGE.—In this sec-
tion, the term ‘‘unfair competitive advantage’’, with re-
spect to an offer for a contract, means a situation in which 
the cost of development, production, or manufacturing is 
not fully borne by the offeror for such contract. 
Passed the House of Representatives December 21, 
2010. 
Attest: 
Clerk.
111TH CONGRESS 
2D SESSION 
H. R. 6540 
AN ACT 
To require the Secretary of Defense, in awarding a 
contract for the KC–X Aerial Refueling Aircraft 
Program, to consider any unfair competitive ad-
vantage that an offeror may possess.
I 
111TH CONGRESS 
2D SESSION 
H. R. 6540 
To require the Secretary of Defense, in awarding a contract for the KC– 
X Aerial Refueling Aircraft Program, to consider any unfair competitive 
advantage that an offeror may possess. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 17, 2010 
Mr. INSLEE (for himself, Mr. LARSEN of Washington, Mr. MORAN of Kansas, 
Mr. TIAHRT, Mr. BLUNT, and Mr. MCDERMOTT) introduced the following 
bill; which was referred to the Committee on Armed Services 
A BILL 
To require the Secretary of Defense, in awarding a contract 
for the KC–X Aerial Refueling Aircraft Program, to 
consider any unfair competitive advantage that an offeror 
may possess. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Defense Level Playing 
Field Act’’. 
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SEC. 2. CONSIDERATION OF UNFAIR COMPETITIVE ADVAN-
TAGE IN EVALUATION OF OFFERS FOR KC–X 
AERIAL REFUELING AIRCRAFT PROGRAM. 
(a) REQUIREMENT TO CONSIDER UNFAIR COMPETI-
TIVE ADVANTAGE.—In awarding a contract for the KC– 
X aerial refueling aircraft program (or any successor to 
that program), the Secretary of Defense shall, in evalu-
ating any offers submitted to the Department of Defense 
in response to a solicitation for offers for such program, 
consider any unfair competitive advantage that an offeror 
may possess. 
(b) REPORT.—Not later than 60 days after submis-
sion of offers in response to any such solicitation, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report on any unfair competitive advantage 
that any offeror may possess. 
(c) REQUIREMENT TO TAKE FINDINGS INTO AC-
COUNT IN AWARD OF CONTRACT.—In awarding a contract 
for the KC–X aerial refueling aircraft program (or any 
successor to that program), the Secretary of Defense shall 
take into account the findings of the report submitted 
under subsection (b). 
(d) UNFAIR COMPETITIVE ADVANTAGE.—In this sec-
tion, the term ‘‘unfair competitive advantage’’, with re-
spect to an offer for a contract, means a situation in which 
VerDate Mar 15 2010 
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the cost of development, production, or manufacturing is 
not fully borne by the offeror for such contract. 
Æ 
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IIB 
111TH CONGRESS 
2D SESSION 
H. R. 6540 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 21, 2010 
Received 
DECEMBER 22, 2010 
Read twice and referred to the Committee on Armed Services 
AN ACT 
To require the Secretary of Defense, in awarding a contract 
for the KC–X Aerial Refueling Aircraft Program, to 
consider any unfair competitive advantage that an offeror 
may possess. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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HR 6540 RFS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Defense Level Playing 
Field Act’’. 
SEC. 2. CONSIDERATION OF UNFAIR COMPETITIVE ADVAN-
TAGE IN EVALUATION OF OFFERS FOR KC–X 
AERIAL REFUELING AIRCRAFT PROGRAM. 
(a) REQUIREMENT TO CONSIDER UNFAIR COMPETI-
TIVE ADVANTAGE.—In awarding a contract for the KC– 
X aerial refueling aircraft program (or any successor to 
that program), the Secretary of Defense shall, in evalu-
ating any offers submitted to the Department of Defense 
in response to a solicitation for offers for such program, 
consider any unfair competitive advantage that an offeror 
may possess. 
(b) REPORT.—Not later than 60 days after submis-
sion of offers in response to any such solicitation, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report on any unfair competitive advantage 
that any offeror may possess. 
(c) REQUIREMENT TO TAKE FINDINGS INTO AC-
COUNT IN AWARD OF CONTRACT.—In awarding a contract 
for the KC–X aerial refueling aircraft program (or any 
successor to that program), the Secretary of Defense shall 
take into account the findings of the report submitted 
under subsection (b). 
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HR 6540 RFS
(d) UNFAIR COMPETITIVE ADVANTAGE.—In this sec-
tion, the term ‘‘unfair competitive advantage’’, with re-
spect to an offer for a contract, means a situation in which 
the cost of development, production, or manufacturing is 
not fully borne by the offeror for such contract. 
Passed the House of Representatives December 21, 
2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
VerDate Mar 15 2010 
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•HRES 1107 IH 
munity of nations since gaining its independence 
189 years ago. 
Æ 
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FIED UNDER A SECTION 1115 WAIVER AP-
PROVED PRIOR TO THE KIDS FIRST ACT.— 
Any nonpregnant parent or a nonpregnant 
caretaker relative of a targeted low-income 
child whose family income exceeds the in-
come eligibility level referred to in subpara-
graph (B)(i), and any nonpregnant child-
less adult whose family income exceeds the 
income eligibility level referred to in sub-
paragraph (B)(ii). 
‘‘(iii) 
NONPREGNANT
CHILDLESS 
ADULTS, PARENTS, OR
CARETAKER
REL-
ATIVES NOT ENROLLED UNDER A SECTION 
1115
WAIVER
ON
THE
DATE
OF
ENACT-
MENT OF THE KIDS FIRST ACT.—Any non-
pregnant parent or a nonpregnant care-
taker relative of a targeted low-income 
child who is not enrolled in the State child 
health plan under a section 1115 waiver, 
experimental, 
pilot, 
or 
demonstration 
project referred to in subparagraph (B)(i) 
on the date of enactment of the Kids First 
Act, and any nonpregnant childless adult 
who is not enrolled in the State child 
health plan under a section 1115 waiver, 
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H. R. 689—3 
reissuing the interests or authorizations in accordance with 
applicable law). 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.
Division impact statement, the Division shall 
prepare and submit such statement to the com-
mittee not later than 30 days after such re-
quest. 
‘‘(B) CONTENT OF IMPACT STATEMENT.— 
A CBO Poverty Index Division impact state-
ment shall include the following: 
‘‘(i) A projected ratio equal to the 
amount of appropriations authorized in the 
bill or joint resolution that will benefit in-
dividuals and families below the poverty 
threshold over the total amount of appro-
priations authorized by the bill or joint res-
olution. 
‘‘(ii) A projection of the number of in-
dividual and family incomes— 
‘‘(I) that may decrease below the 
poverty threshhold because of the bill 
or joint resolution; and 
‘‘(II) that may increase above the 
poverty threshhold because of the bill 
or joint resolution. 
‘‘(iii) A projection as to how the legis-
lation improves access to basic human 
VerDate Nov 24 2008 
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153 
(B) in paragraph (3), by striking the pe-
riod and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(4) shall reserve 1.5 percent to carry out sec-
tion 244, except that the amount so reserved shall 
not exceed $8,000,000.’’; and 
(3) by inserting after section 243 the following: 
‘‘SEC. 244. AMERICAN INDIAN TRIBAL COLLEGE OR UNI-
VERSITY ADULT EDUCATION AND LITERACY 
PROGRAM. 
‘‘(a) ESTABLISHMENT
AND PURPOSE.—The Sec-
retary shall establish and carry out an American Indian 
Tribal College and University Adult Education and Lit-
eracy Grant Program to enable Tribal Colleges or Univer-
sities to develop and implement innovative, effective, and 
replicable programs designed to enhance life skills and 
transition individuals to employability and postsecondary 
education and to provide technical assistance to such insti-
tutions for program administration. 
‘‘(b) APPLICATION.—To be eligible to receive a grant 
under this section, a Tribal College or University shall 
submit to the Secretary an application at such time and 
in such manner as the Secretary may reasonably require. 
The Secretary shall, to the extent practicable, prescribe 
a simplified and streamlined format for such applications 
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154 
that takes into account the limited number of institutions 
that are eligible for assistance under this section. 
‘‘(c) ELIGIBLE ACTIVITIES.—Activities that may be 
carried out under a grant awarded under this section in-
clude— 
‘‘(1) adult education and literacy services, in-
cluding workplace literacy services; 
‘‘(2) family literacy services; 
‘‘(3) English literacy programs, including lim-
ited English proficiency programs; 
‘‘(4) civil engagement and community participa-
tion, including U.S. citizenship skills; 
‘‘(5) opportunities for American Indians and 
Alaska Natives to qualify for a secondary school di-
ploma, or its recognized equivalent; and 
‘‘(6) demonstration and research projects and 
professional development activities designed to de-
velop and identify the most successful methods and 
techniques for addressing the educational needs of 
American Indian adults. 
‘‘(d) GRANTS AND CONTRACTS.—Funding shall be 
awarded under this section to Tribal Colleges or Univer-
sities on a competitive basis through grants, contracts, or 
cooperative agreements of not less than 3 years in dura-
tion. 
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155 
‘‘(e) CONSIDERATION AND INCLUSION.—In making 
awards under this section, the Secretary may take into 
account the considerations set forth in section 231(e). In 
no case shall the Secretary make an award to a Tribal 
College or University that does not include in its applica-
tion a description of a multiyear strategy, including per-
formance measures, for increasing the number of adult 
American Indian or Alaska Natives that attain a sec-
ondary diploma or recognized equivalent.’’. 
SEC. 208. TECHNICAL AMENDMENTS TO TRIBALLY CON-
TROLLED SCHOOLS ACT OF 1988. 
(a) GRANTS AUTHORIZED.—Section 5203(b)(3) of 
the Tribally Controlled Schools Act of 1988 (25 U.S.C. 
2502(b)(3)) is amended— 
(1) 
by 
striking 
‘‘as 
defined 
in 
section 
1128(h)(1)’’ and inserting ‘‘as defined in section 
1128(a)(1)’’; and 
(2) by striking ‘‘under section 1128 of such’’ 
and inserting ‘‘under section 1128(c) of that’’. 
(b) AMENDMENTS TO GRANTS.—Section 5203 of the 
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2502) 
is amended by adding at the end the following: 
‘‘(h) AMENDMENTS TO GRANTS.— 
‘‘(1) IN GENERAL.—At the request of the school 
board of a tribally controlled school, the Secretary 
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156 
shall approve a request to amend a grant issued to 
that school board under this part unless the Sec-
retary, not later than 90 days after the date of re-
ceipt of the request, provides written notification to 
the school board that contains a specific finding that 
clearly demonstrates, or is supported by a control-
ling legal authority, that— 
‘‘(A) the services to be rendered to the eli-
gible Indian students under the proposed 
amendment to the grant do not meet the re-
quirements of this part; 
‘‘(B) adequate protection of trust resources 
is not assured; 
‘‘(C) the grant or the proposed amendment 
to the grant cannot be properly completed or 
maintained; 
‘‘(D) the amount of funds proposed under 
the amendment is in excess of the applicable 
funding level for the grant, as determined under 
section 5204; or 
‘‘(E) the program, function, service, or ac-
tivity (or portion of the program, function, serv-
ice, or activity) that is the subject of the pro-
posed amendment is beyond the scope of pro-
grams, functions, services, or activities covered 
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† HR 725 EAS 
retary shall defray all costs associated with the actual 
operation and support of the summer youth programs 
in a school from funds appropriated to carry out this 
subsection. 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
the programs under this subsection $5,000,000 for 
each of fiscal years 2011 through 2015.’’. 
(c) EMERGENCY SHELTERS.—Section 4213(e) of the 
Indian Alcohol and Substance Abuse Prevention and Treat-
ment Act of 1986 (25 U.S.C. 2433(e)) is amended— 
(1) in paragraph (1), by striking ‘‘fiscal year 
1993 and such sums as may be necessary for each of 
the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, 
and 2000.’’ and inserting ‘‘each of fiscal years 2011 
through 2015.’’; 
(2) in paragraph (2), by striking ‘‘each of the 
fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 
2000.’’ and inserting ‘‘each of fiscal years 2011 
through 2015.’’; and 
(3) by indenting paragraphs (4) and (5) appro-
priately. 
(d) REVIEW OF PROGRAMS.—Section 4215(a) of the 
Indian Alcohol and Substance Abuse Prevention and Treat-
ment Act of 1986 (25 U.S.C. 2441(a)) is amended by insert-
123 
(b) METROPOLITAN PLANNING ORGANIZATIONS.— 
(1) TITLE 23.—Section 134 of title 23, United 
States Code, is amended— 
(A) in subsection (a)(1)— 
(i) by striking ‘‘minimizing’’ and in-
serting ‘‘reducing’’; and 
(ii) by inserting ‘‘, reliance on oil, im-
pacts on the environment, transportation- 
related greenhouse gas emissions,’’ after 
‘‘consumption’’; 
(B) in subsection (h)(1)(E)— 
(i) by inserting ‘‘sustainability, and 
livability, reduce surface transportation-re-
lated reliance on oil and greenhouse gas 
emissions, adapt to the effects of climate 
change,’’ after ‘‘energy conservation,’’; 
(ii) by inserting ‘‘and public health’’ 
after ‘‘quality of life’’; and 
(iii) by inserting ‘‘, including housing 
and land use patterns’’ after ‘‘development 
patterns’’; 
(C) in subsection (i)— 
(i) in paragraph (4)(A)— 
(I) by striking ‘‘consult, as ap-
propriate,’’ and inserting ‘‘cooperate’’; 
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