H. R. 5809 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

An Act 

To amend the Energy Policy Act of 2005 to reauthorize and modify provisions 

relating to the diesel emissions reduction program. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Diesel Emissions Reduction 

Act of 2010’’. 

SEC. 2. DIESEL EMISSIONS REDUCTION PROGRAM. 

(a) DEFINITIONS.—Section 791 of the Energy Policy Act of 2005 

(42 U.S.C. 16131) is amended— 

(1) in paragraph (3)— 

(A) in subparagraph (A), by striking ‘‘and’’ at the end; 

(B) in subparagraph (B), by striking the period at 

the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(C) any private individual or entity that— 

‘‘(i) is the owner of record of a diesel vehicle or 

fleet operated pursuant to a contract, license, or lease 

with a Federal department or agency or an entity 

described in subparagraph (A); and 

‘‘(ii) meets such timely and appropriate requirements as the Administrator may establish for vehicle 

use and for notice to and approval by the Federal 

department or agency or entity described in subparagraph (A) with respect to which the owner has entered 

into a contract, license, or lease as described in clause 

(i).’’; 

(2) in paragraph (4), by inserting ‘‘currently, or has not 

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

(3) by striking paragraph (9); 

(4) by redesignating paragraph (8) as paragraph (9); 

(5) in paragraph (9) (as so redesignated), in the matter 

preceding subparagraph (A), by striking ‘‘, advanced truckstop 

electrification system,’’; and 

(6) by inserting after paragraph (7) the following: 

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

the District of Columbia, the Commonwealth of Puerto Rico, 

Guam, the United States Virgin Islands, American Samoa, 

and the Commonwealth of the Northern Mariana Islands.’’. 

(b) NATIONAL GRANT, REBATE, AND LOAN PROGRAMS.—Section 

792 of the Energy Policy Act of 2005 (42 U.S.C. 16132) is amended— 
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(1) in the section heading, by inserting ‘‘, REBATE,’’ after 

‘‘GRANT’’; 

(2) in subsection (a)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘to provide grants and low-cost revolving loans, as determined by the Administrator, on a competitive basis, to 

eligible entities’’ and inserting ‘‘to provide grants, rebates, 

or low-cost revolving loans, as determined by the Administrator, on a competitive basis, to eligible entities, including 

through contracts entered into under subsection (e) of this 

section,’’; and 

(B) in paragraph (1), by striking ‘‘tons of’’; 

(3) in subsection (b)— 

(A) by striking paragraph (2); 

(B) by redesignating paragraph (3) as paragraph (2); 

and 

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

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

clause (i), by striking ‘‘90’’ and inserting ‘‘95’’; 

(ii) in subparagraph (B)(i), by striking ‘‘10 percent’’ 

and inserting ‘‘5 percent’’; and 

(iii) in subparagraph (B)(ii), by striking ‘‘the 

application under subsection (c)’’ and inserting ‘‘a 

verification application’’; 

(4) in subsection (c)— 

(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; 

(B) by striking paragraph (1) and inserting the following: 

‘‘(1) EXPEDITED PROCESS.— 

‘‘(A) IN GENERAL.—The Administrator shall develop a 

simplified application process for all applicants under this 

section to expedite the provision of funds. 

‘‘(B) REQUIREMENTS.—In developing the expedited 

process under subparagraph (A), the Administrator— 

‘‘(i) shall take into consideration the special circumstances affecting small fleet owners; and 

‘‘(ii) to avoid duplicative procedures, may require 

applicants to include in an application under this section the results of a competitive bidding process for 

equipment and installation. 

‘‘(2) ELIGIBILITY.— 

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

this section, an eligible entity shall submit to the Administrator an application at such time, in such manner, and 

containing such information as the Administrator may 

require. 

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

to receive a rebate or a low-cost loan under this section, 

an eligible entity shall submit an application in accordance 

with such guidance as the Administrator may establish— 

‘‘(i) to the Administrator; or 

‘‘(ii) to an entity that has entered into a contract 

under subsection (e).’’; 

(C) in paragraph (3)(G) (as redesignated by subparagraph (A)), by inserting ‘‘in the case of an application 
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relating to nonroad engines or vehicles,’’ before ‘‘a description of the diesel’’; and 

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

(A))— 

(i) in the matter preceding subparagraph (A)— 

(I) by inserting ‘‘, rebate,’’ after ‘‘grant’’; and 

(II) by inserting ‘‘highest’’ after ‘‘shall give’’; 

(ii) in subparagraph (C)(iii)— 

(I) by striking ‘‘a diesel fleets’’ and inserting 

‘‘diesel fleets’’; and 

(II) by inserting ‘‘construction sites, schools,’’ 

after ‘‘terminals,’’; 

(iii) in subparagraph (E), by adding ‘‘and’’ at the 

end; 

(iv) in subparagraph (F), by striking ‘‘; and’’ and 

inserting a period; and 

(v) by striking subparagraph (G); 

(5) in subsection (d)— 

(A) in paragraph (1), in the matter preceding subparagraph (A), by inserting ‘‘, rebate,’’ after ‘‘grant’’; and 

(B) in paragraph (2)(A)— 

(i) by striking ‘‘grant or loan provided’’ and 

inserting ‘‘grant, rebate, or loan provided, or contract 

entered into,’’; and 

(ii) by striking ‘‘Federal, State or local law’’ and 

inserting ‘‘any Federal law, except that this subparagraph shall not apply to a mandate in a State 

implementation plan approved by the Administrator 

under the Clean Air Act’’; and 

(6) by adding at the end the following: 

‘‘(e) CONTRACT PROGRAMS.— 

‘‘(1) AUTHORITY.—In addition to the use of contracting 

authority otherwise available to the Administrator, the 

Administrator may enter into contracts with eligible contractors 

described in paragraph (2) for the administration of programs 

for providing rebates or loans, subject to the requirements 

of this subtitle. 

‘‘(2) ELIGIBLE CONTRACTORS.—The Administrator may enter 

into a contract under this subsection with a for-profit or nonprofit entity that has the capacity— 

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

arrange financing for, individuals or entities that own a 

diesel vehicle or fleet; or 

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

verified or Environmental Protection Agency-certified 

engines or technologies, or to arrange financing for such 

upgrades. 

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

date of the award of a grant, rebate, or loan, the Administrator 

shall publish on the website of the Environmental Protection 

Agency— 

‘‘(1) for rebates and loans provided to the owner of a diesel 

vehicle or fleet, the total number and dollar amount of rebates 

or loans provided, as well as a breakdown of the technologies 

funded through the rebates or loans; and 
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‘‘(2) for other rebates and loans, and for grants, a description of each application for which the grant, rebate, or loan 

is provided.’’. 

(c) STATE GRANT, REBATE, AND LOAN PROGRAMS.—Section 793 

of the Energy Policy Act of 2005 (42 U.S.C. 16133) is amended— 

(1) in the section heading, by inserting ‘‘, REBATE,’’ after 

‘‘GRANT’’; 

(2) in subsection (a), by inserting ‘‘, rebate,’’ after ‘‘grant’’; 

(3) in subsection (b)(1), by inserting ‘‘, rebate,’’ after ‘‘grant’’; 

(4) by amending subsection (c)(2) to read as follows: 

‘‘(2) ALLOCATION.— ‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), using not more than 20 percent of 

the funds made available to carry out this subtitle for 

a fiscal year, the Administrator shall provide to each State 

qualified for an allocation for the fiscal year an allocation 

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

year for distribution to States under this paragraph. 

‘‘(B) CERTAIN TERRITORIES.— 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), Guam, the United States Virgin Islands, American 

Samoa, and the Commonwealth of the Northern Mariana Islands shall collectively receive an allocation 

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

year for distribution to States under this subsection, 

divided equally among those 4 States. 

‘‘(ii) EXCEPTION.—If any State described in clause 

(i) does not qualify for an allocation under this paragraph, the share of funds otherwise allocated for that 

State under clause (i) shall be reallocated pursuant 

to subparagraph (C). 

‘‘(C) REALLOCATION.—If any State does not qualify for 

an allocation under this paragraph, the share of funds 

otherwise allocated for that State under this paragraph 

shall be reallocated to each remaining qualified State in 

an amount equal to the product obtained by multiplying— 

‘‘(i) the proportion that the population of the State 

bears to the population of all States described in paragraph (1); by 

‘‘(ii) the amount otherwise allocatable to the nonqualifying State under this paragraph.’’; 

(5) in subsection (d)— 

(A) in paragraph (1), by inserting ‘‘, rebate,’’ after 

‘‘grant’’; 

(B) in paragraph (2), by inserting ‘‘, rebates,’’ after 

‘‘grants’’; 

(C) in paragraph (3), in the matter preceding subparagraph (A), by striking ‘‘grant or loan provided under this 

section may be used’’ and inserting ‘‘grant, rebate, or loan 

provided under this section shall be used’’; and 

(D) by adding at the end the following: 

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

under this section, a State shall use the priorities in section 

792(c)(4). 

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

the date of the award of a grant, rebate, or loan by a State, 

the State shall publish on the Web site of the State— 
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‘‘(A) for rebates, grants, and loans provided to the 

owner of a diesel vehicle or fleet, the total number and 

dollar amount of rebates, grants, or loans provided, as 

well as a breakdown of the technologies funded through 

the rebates, grants, or loans; and 

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

of each application for which the grant, rebate, or loan 

is provided.’’. 

(d) EVALUATION AND REPORT.—Section 794(b) of the Energy 

Policy Act of 2005 (42 U.S.C. 16134(b)) is amended— 

(1) in each of paragraphs (2) through (5) by inserting ‘‘, 

rebate,’’ after ‘‘grant’’ each place it appears; 

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

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

and inserting ‘‘; and’’; and 

(4) by adding at the end the following new paragraph: 

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

1, 2016, an analysis of the need to continue the program, 

including an assessment of the size of the vehicle and engine 

fleet that could provide benefits from being retrofit under this 

program and a description of the number and types of applications that were not granted in the preceding year.’’. 

(e) AUTHORIZATION OF APPROPRIATIONS.—Section 797 of the 

Energy Policy Act of 2005 (42 U.S.C. 16137) is amended to read 

as follows: 

‘‘SEC. 797. AUTHORIZATION OF APPROPRIATIONS. 

‘‘(a) IN GENERAL.—There is authorized to be appropriated to 

carry out this subtitle $100,000,000 for each of fiscal years 2012 

through 2016, to remain available until expended. 

‘‘(b) MANAGEMENT AND OVERSIGHT.—The Administrator may 

use not more than 1 percent of the amounts made available under 

subsection (a) for each fiscal year for management and oversight 

purposes.’’. 

SEC. 3. AUDIT. 

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

enactment of this Act, the Comptroller General of the United States 

shall carry out an audit to identify— 

(1) all Federal mobile source clean air grant, rebate, or 

low cost revolving loan programs under the authority of the 

Administrator of the Environmental Protection Agency, the Secretary of Transportation, or other relevant Federal agency 

heads that are designed to address diesel emissions from, or 

reduce diesel fuel usage by, diesel engines and vehicles; and 

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

among, or gaps between, these Federal mobile source clean 

air programs exists. 

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

shall— 

(1) submit to the Committee on Environment and Public 

Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a copy of the audit 

under subsection (a); and 

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

on a publicly accessible Internet site. 
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(c) OFFSET.—All unobligated amounts provided to carry out 

the pilot program under title I of division G of the Omnibus Appropriations Act, 2009 (Public Law 111–8; 123 Stat. 814) under the 

heading ‘‘MISCELLANEOUS ITEMS’’ are rescinded. 

SEC. 4. EFFECTIVE DATE. 

(a) GENERAL RULE.—Except as provided in subsection (b), the 

amendments made by section 2 shall take effect on October 1, 

2011. 

(b) EXCEPTION.—The amendments made by subsections (a)(4) 

and (6) and (c)(4) of section 2 shall take effect on the date of 

enactment of this Act. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.