In the Senate of the United States, 
December 16, 2010. 
Resolved, That the bill from the House of Representa-
tives (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: 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Diesel Emissions Reduc-
tion 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;
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(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 con-
tract, license, or lease with a Federal de-
partment or agency or an entity described 
in subparagraph (A); and 
‘‘(ii) meets such timely and appro-
priate 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 subpara-
graph (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 para-
graph (9);
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(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 fol-
lowing: 
‘‘(8) STATE.—The term ‘State’ means the several 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, Guam, the United States Virgin Is-
lands, American Samoa, and the Commonwealth of 
the Northern Mariana Islands.’’. 
(b) NATIONAL GRANT, REBATE, AND LOAN PRO-
GRAMS.—Section 792 of the Energy Policy Act of 2005 (42 
U.S.C. 16132) is amended— 
(1) in the section heading, by inserting ‘‘, RE-
BATE,’’ after ‘‘GRANT’’; 
(2) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘to provide grants and low-cost re-
volving loans, as determined by the Adminis-
trator, on a competitive basis, to eligible enti-
ties’’ 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
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(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 strik-
ing ‘‘10 percent’’ and inserting ‘‘5 percent’’; 
and 
(iii) in subparagraph (B)(ii), by strik-
ing ‘‘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.
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‘‘(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 ap-
plication 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).’’;
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(C) in paragraph (3)(G) (as redesignated 
by subparagraph (A)), by inserting ‘‘in the case 
of an application 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 subpara-
graph (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)—
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(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by inserting ‘‘, re-
bate,’’ after ‘‘grant’’; and 
(B) in paragraph (2)(A)— 
(i) by striking ‘‘grant or loan pro-
vided’’ 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, ex-
cept 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 con-
tracting authority otherwise available to the Adminis-
trator, the Administrator may enter into contracts 
with eligible contractors described in paragraph (2) 
for the administration of programs for providing re-
bates or loans, subject to the requirements of this sub-
title. 
‘‘(2) ELIGIBLE
CONTRACTORS.—The Adminis-
trator may enter into a contract under this subsection
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with a for-profit or nonprofit entity that has the ca-
pacity— 
‘‘(A) to sell diesel vehicles or equipment to, 
or to arrange financing for, individuals or enti-
ties that own a diesel vehicle or fleet; or 
‘‘(B) to upgrade diesel vehicles or equipment 
with verified or Environmental Protection Agen-
cy-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 Environ-
mental 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 re-
bates or loans; and 
‘‘(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—
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(1) in the section heading, by inserting ‘‘, RE-
BATE,’’ 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 fol-
lows: 
‘‘(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 Adminis-
trator 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 Vir-
gin Islands, American Samoa, and the 
Commonwealth of the Northern Mariana Is-
lands shall collectively receive an allocation 
equal to 1⁄53 of the funds made available for
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that fiscal year for distribution to States 
under this subsection, divided equally 
among those 4 States. 
‘‘(ii) EXCEPTION.—If any State de-
scribed 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 pursu-
ant to subparagraph (C). 
‘‘(C) REALLOCATION.—If any State does 
not qualify for an allocation under this para-
graph, the share of funds otherwise allocated for 
that State under this paragraph shall be reallo-
cated to each remaining qualified State in an 
amount equal to the product obtained by multi-
plying— 
‘‘(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 para-
graph.’’; 
(5) in subsection (d)— 
(A) in paragraph (1), by inserting ‘‘, re-
bate,’’ after ‘‘grant’’;
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(B) in paragraph (2), by inserting ‘‘, re-
bates,’’ after ‘‘grants’’; 
(C) in paragraph (3), in the matter pre-
ceding 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— 
‘‘(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.’’.
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(d) EVALUATION AND REPORT.—Section 794(b) of the 
Energy Policy Act of 2005 (42 U.S.C. 16134(b)) is amend-
ed— 
(1) in each of paragraphs (2) through (5) by in-
serting ‘‘, rebate,’’ after ‘‘grant’’ each place it ap-
pears; 
(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 para-
graph: 
‘‘(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 descrip-
tion 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 appro-
priated to carry out this subtitle $100,000,000 for each of