[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5809 Engrossed Amendment Senate (EAS)]
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:
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--
(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 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
``(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--
``(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.
(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.
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
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AMENDMENTS