In the Senate of the United States, 

December 16, 2010. 

Resolved, That the bill from the House of Representatives (H.R. 5809) entitled ‘‘An Act to amend the Controlled 

Substances Act to provide for take-back disposal of controlled 

substances in certain instances, and for other purposes.’’, do 

pass with the following 

AMENDMENTS: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Diesel Emissions Reduc3 tion Act of 2010’’. 

4 SEC. 2. DIESEL EMISSIONS REDUCTION PROGRAM. 

5 (a) DEFINITIONS.—Section 791 of the Energy Policy 

6 Act of 2005 (42 U.S.C. 16131) is amended— 

7 (1) in paragraph (3)— 

8 (A) in subparagraph (A), by striking ‘‘and’’ 

9 at the end; 
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1 (B) in subparagraph (B), by striking the 

2 period at the end and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(C) any private individual or entity 

5 that— 

6 ‘‘(i) is the owner of record of a diesel 

7 vehicle or fleet operated pursuant to a con8 tract, license, or lease with a Federal de9 partment or agency or an entity described 

10 in subparagraph (A); and 

11 ‘‘(ii) meets such timely and appro12 priate requirements as the Administrator 

13 may establish for vehicle use and for notice 

14 to and approval by the Federal department 

15 or agency or entity described in subpara16 graph (A) with respect to which the owner 

17 has entered into a contract, license, or lease 

18 as described in clause (i).’’; 

19 (2) in paragraph (4), by inserting ‘‘currently, or 

20 has not been previously,’’ after ‘‘that is not’’; 

21 (3) by striking paragraph (9); 

22 (4) by redesignating paragraph (8) as para23 graph (9); 
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1 (5) in paragraph (9) (as so redesignated), in the 

2 matter preceding subparagraph (A), by striking ‘‘, 

3 advanced truckstop electrification system,’’; and 

4 (6) by inserting after paragraph (7) the fol5 lowing: 

6 ‘‘(8) STATE.—The term ‘State’ means the several 

7 States, the District of Columbia, the Commonwealth 

8 of Puerto Rico, Guam, the United States Virgin Is9 lands, American Samoa, and the Commonwealth of 

10 the Northern Mariana Islands.’’. 

11 (b) NATIONAL GRANT, REBATE, AND LOAN PRO12 GRAMS.—Section 792 of the Energy Policy Act of 2005 (42 

13 U.S.C. 16132) is amended— 

14 (1) in the section heading, by inserting ‘‘, RE15 BATE,’’ after ‘‘GRANT’’; 

16 (2) in subsection (a)— 

17 (A) in the matter preceding paragraph (1), 

18 by striking ‘‘to provide grants and low-cost re19 volving loans, as determined by the Adminis20 trator, on a competitive basis, to eligible enti21 ties’’ and inserting ‘‘to provide grants, rebates, 

22 or low-cost revolving loans, as determined by the 

23 Administrator, on a competitive basis, to eligible 

24 entities, including through contracts entered into 

25 under subsection (e) of this section,’’; and 
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1 (B) in paragraph (1), by striking ‘‘tons of’’; 

2 (3) in subsection (b)— 

3 (A) by striking paragraph (2); 

4 (B) by redesignating paragraph (3) as 

5 paragraph (2); and 

6 (C) in paragraph (2) (as so redesignated)— 

7 (i) in subparagraph (A), in the matter 

8 preceding clause (i), by striking ‘‘90’’ and 

9 inserting ‘‘95’’; 

10 (ii) in subparagraph (B)(i), by strik11 ing ‘‘10 percent’’ and inserting ‘‘5 percent’’; 

12 and 

13 (iii) in subparagraph (B)(ii), by strik14 ing ‘‘the application under subsection (c)’’ 

15 and inserting ‘‘a verification application’’; 

16 (4) in subsection (c)— 

17 (A) by redesignating paragraphs (2) and 

18 (3) as paragraphs (3) and (4), respectively; 

19 (B) by striking paragraph (1) and inserting 

20 the following: 

21 ‘‘(1) EXPEDITED PROCESS.— 

22 ‘‘(A) IN GENERAL.—The Administrator 

23 shall develop a simplified application process for 

24 all applicants under this section to expedite the 

25 provision of funds. 
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1 ‘‘(B) REQUIREMENTS.—In developing the 

2 expedited process under subparagraph (A), the 

3 Administrator— 

4 ‘‘(i) shall take into consideration the 

5 special circumstances affecting small fleet 

6 owners; and 

7 ‘‘(ii) to avoid duplicative procedures, 

8 may require applicants to include in an ap9 plication under this section the results of a 

10 competitive bidding process for equipment 

11 and installation. 

12 ‘‘(2) ELIGIBILITY.— 

13 ‘‘(A) GRANTS.—To be eligible to receive a 

14 grant under this section, an eligible entity shall 

15 submit to the Administrator an application at 

16 such time, in such manner, and containing such 

17 information as the Administrator may require. 

18 ‘‘(B) REBATES AND LOW-COST LOANS.—To 

19 be eligible to receive a rebate or a low-cost loan 

20 under this section, an eligible entity shall submit 

21 an application in accordance with such guidance 

22 as the Administrator may establish— 

23 ‘‘(i) to the Administrator; or 

24 ‘‘(ii) to an entity that has entered into 

25 a contract under subsection (e).’’; 
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1 (C) in paragraph (3)(G) (as redesignated 

2 by subparagraph (A)), by inserting ‘‘in the case 

3 of an application relating to nonroad engines or 

4 vehicles,’’ before ‘‘a description of the diesel’’; and 

5 (D) in paragraph (4) (as redesignated by 

6 subparagraph (A))— 

7 (i) in the matter preceding subpara8 graph (A)— 

9 (I) by inserting ‘‘, rebate,’’ after 

10 ‘‘grant’’; and 

11 (II) by inserting ‘‘highest’’ after 

12 ‘‘shall give’’; 

13 (ii) in subparagraph (C)(iii)— 

14 (I) by striking ‘‘a diesel fleets’’ 

15 and inserting ‘‘diesel fleets’’; and 

16 (II) by inserting ‘‘construction 

17 sites, schools,’’ after ‘‘terminals,’’; 

18 (iii) in subparagraph (E), by adding 

19 ‘‘and’’ at the end; 

20 (iv) in subparagraph (F), by striking 

21 ‘‘; and’’ and inserting a period; and 

22 (v) by striking subparagraph (G); 

23 (5) in subsection (d)— 
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1 (A) in paragraph (1), in the matter pre2 ceding subparagraph (A), by inserting ‘‘, re3 bate,’’ after ‘‘grant’’; and 

4 (B) in paragraph (2)(A)— 

5 (i) by striking ‘‘grant or loan pro6 vided’’ and inserting ‘‘grant, rebate, or loan 

7 provided, or contract entered into,’’; and 

8 (ii) by striking ‘‘Federal, State or local 

9 law’’ and inserting ‘‘any Federal law, ex10 cept that this subparagraph shall not apply 

11 to a mandate in a State implementation 

12 plan approved by the Administrator under 

13 the Clean Air Act’’; and 

14 (6) by adding at the end the following: 

15 ‘‘(e) CONTRACT PROGRAMS.— 

16 ‘‘(1) AUTHORITY.—In addition to the use of con17 tracting authority otherwise available to the Adminis18 trator, the Administrator may enter into contracts 

19 with eligible contractors described in paragraph (2) 

20 for the administration of programs for providing re21 bates or loans, subject to the requirements of this sub22 title. 

23 ‘‘(2) ELIGIBLE CONTRACTORS.—The Adminis24 trator may enter into a contract under this subsection 
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1 with a for-profit or nonprofit entity that has the ca2 pacity— 

3 ‘‘(A) to sell diesel vehicles or equipment to, 

4 or to arrange financing for, individuals or enti5 ties that own a diesel vehicle or fleet; or 

6 ‘‘(B) to upgrade diesel vehicles or equipment 

7 with verified or Environmental Protection Agen8 cy-certified engines or technologies, or to arrange 

9 financing for such upgrades. 

10 ‘‘(f) PUBLIC NOTIFICATION.—Not later than 60 days 

11 after the date of the award of a grant, rebate, or loan, the 

12 Administrator shall publish on the website of the Environ13 mental Protection Agency— 

14 ‘‘(1) for rebates and loans provided to the owner 

15 of a diesel vehicle or fleet, the total number and dollar 

16 amount of rebates or loans provided, as well as a 

17 breakdown of the technologies funded through the re18 bates or loans; and 

19 ‘‘(2) for other rebates and loans, and for grants, 

20 a description of each application for which the grant, 

21 rebate, or loan is provided.’’. 

22 (c) STATE GRANT, REBATE, AND LOAN PROGRAMS.— 

23 Section 793 of the Energy Policy Act of 2005 (42 U.S.C. 

24 16133) is amended— 
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1 (1) in the section heading, by inserting ‘‘, RE2 BATE,’’ after ‘‘GRANT’’; 

3 (2) in subsection (a), by inserting ‘‘, rebate,’’ 

4 after ‘‘grant’’; 

5 (3) in subsection (b)(1), by inserting ‘‘, rebate,’’ 

6 after ‘‘grant’’; 

7 (4) by amending subsection (c)(2) to read as fol8 lows: 

9 ‘‘(2) ALLOCATION.— 

10 ‘‘(A) IN GENERAL.—Except as provided in 

11 subparagraphs (B) and (C), using not more than 

12 20 percent of the funds made available to carry 

13 out this subtitle for a fiscal year, the Adminis14 trator shall provide to each State qualified for 

15 an allocation for the fiscal year an allocation 

equal to 1 16 ⁄53 of the funds made available for that 

17 fiscal year for distribution to States under this 

18 paragraph. 

19 ‘‘(B) CERTAIN TERRITORIES.— 

20 ‘‘(i) IN GENERAL.—Except as provided 

21 in clause (ii), Guam, the United States Vir22 gin Islands, American Samoa, and the 

23 Commonwealth of the Northern Mariana Is24 lands shall collectively receive an allocation 

equal to 1 25 ⁄53 of the funds made available for 
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1 that fiscal year for distribution to States 

2 under this subsection, divided equally 

3 among those 4 States. 

4 ‘‘(ii) EXCEPTION.—If any State de5 scribed in clause (i) does not qualify for an 

6 allocation under this paragraph, the share 

7 of funds otherwise allocated for that State 

8 under clause (i) shall be reallocated pursu9 ant to subparagraph (C). 

10 ‘‘(C) REALLOCATION.—If any State does 

11 not qualify for an allocation under this para12 graph, the share of funds otherwise allocated for 

13 that State under this paragraph shall be reallo14 cated to each remaining qualified State in an 

15 amount equal to the product obtained by multi16 plying— 

17 ‘‘(i) the proportion that the population 

18 of the State bears to the population of all 

19 States described in paragraph (1); by 

20 ‘‘(ii) the amount otherwise allocatable 

21 to the nonqualifying State under this para22 graph.’’; 

23 (5) in subsection (d)— 

24 (A) in paragraph (1), by inserting ‘‘, re25 bate,’’ after ‘‘grant’’; 
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1 (B) in paragraph (2), by inserting ‘‘, re2 bates,’’ after ‘‘grants’’; 

3 (C) in paragraph (3), in the matter pre4 ceding subparagraph (A), by striking ‘‘grant or 

5 loan provided under this section may be used’’ 

6 and inserting ‘‘grant, rebate, or loan provided 

7 under this section shall be used’’; and 

8 (D) by adding at the end the following: 

9 ‘‘(4) PRIORITY.—In providing grants, rebates, 

10 and loans under this section, a State shall use the 

11 priorities in section 792(c)(4). 

12 ‘‘(5) PUBLIC NOTIFICATION.—Not later than 60 

13 days after the date of the award of a grant, rebate, 

14 or loan by a State, the State shall publish on the Web 

15 site of the State— 

16 ‘‘(A) for rebates, grants, and loans provided 

17 to the owner of a diesel vehicle or fleet, the total 

18 number and dollar amount of rebates, grants, or 

19 loans provided, as well as a breakdown of the 

20 technologies funded through the rebates, grants, 

21 or loans; and 

22 ‘‘(B) for other rebates, grants, and loans, a 

23 description of each application for which the 

24 grant, rebate, or loan is provided.’’. 
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1 (d) EVALUATION AND REPORT.—Section 794(b) of the 

2 Energy Policy Act of 2005 (42 U.S.C. 16134(b)) is amend3 ed— 

4 (1) in each of paragraphs (2) through (5) by in5 serting ‘‘, rebate,’’ after ‘‘grant’’ each place it ap6 pears; 

7 (2) in paragraph (5), by striking ‘‘and’’ at the 

8 end; 

9 (3) in paragraph (6), by striking the period at 

10 the end and inserting ‘‘; and’’; and 

11 (4) by adding at the end the following new para12 graph: 

13 ‘‘(7) in the last report sent to Congress before 

14 January 1, 2016, an analysis of the need to continue 

15 the program, including an assessment of the size of 

16 the vehicle and engine fleet that could provide benefits 

17 from being retrofit under this program and a descrip18 tion of the number and types of applications that 

19 were not granted in the preceding year.’’. 

20 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 797 of the Energy Policy Act of 2005 (42 U.S.C. 16137) 

22 is amended to read as follows: 

23 ‘‘SEC. 797. AUTHORIZATION OF APPROPRIATIONS. 

24 ‘‘(a) IN GENERAL.—There is authorized to be appro25 priated to carry out this subtitle $100,000,000 for each of 
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1 fiscal years 2012 through 2016, to remain available until 

2 expended. 

3 ‘‘(b) MANAGEMENT AND OVERSIGHT.—The Adminis4 trator may use not more than 1 percent of the amounts 

5 made available under subsection (a) for each fiscal year for 

6 management and oversight purposes.’’. 

7 SEC. 3. AUDIT. 

8 (a) IN GENERAL.—Not later than 360 days after the 

9 date of enactment of this Act, the Comptroller General of 

10 the United States shall carry out an audit to identify— 

11 (1) all Federal mobile source clean air grant, re12 bate, or low cost revolving loan programs under the 

13 authority of the Administrator of the Environmental 

14 Protection Agency, the Secretary of Transportation, 

15 or other relevant Federal agency heads that are de16 signed to address diesel emissions from, or reduce die17 sel fuel usage by, diesel engines and vehicles; and 

18 (2) whether, and to what extent, duplication or 

19 overlap among, or gaps between, these Federal mobile 

20 source clean air programs exists. 

21 (b) REPORT.—The Comptroller General of the United 

22 States shall— 

23 (1) submit to the Committee on Environment 

24 and Public Works of the Senate and the Committee on 
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1 Energy and Commerce of the House of Representa2 tives a copy of the audit under subsection (a); and 

3 (2) make a copy of the audit under subsection 

4 (a) available on a publicly accessible Internet site. 

5 (c) OFFSET.—All unobligated amounts provided to 

6 carry out the pilot program under title I of division G of 

7 the Omnibus Appropriations Act, 2009 (Public Law 111– 

8 8; 123 Stat. 814) under the heading ‘‘MISCELLANEOUS

9 ITEMS’’ are rescinded. 

10 SEC. 4. EFFECTIVE DATE. 

11 (a) GENERAL RULE.—Except as provided in sub12 section (b), the amendments made by section 2 shall take 

13 effect on October 1, 2011. 

14 (b) EXCEPTION.—The amendments made by sub15 sections (a)(4) and (6) and (c)(4) of section 2 shall take 

16 effect on the date of enactment of this Act. 

Amend the title so as to read: ‘‘An Act to amend the 

Energy Policy Act of 2005 to reauthorize and modify 

provisions relating to the diesel emissions reduction program.’’. 

Attest: 

Secretary. 

111TH CONGRESS 

2D SESSION H.R. 5809 

AMENDMENTS