[Congressional Record (Bound Edition), Volume 156 (2010), Part 15]
[House]
[Pages 23241-23248]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 DIESEL EMISSIONS REDUCTION ACT OF 2010

  Mr. WAXMAN. Madam Speaker, I move to suspend the rules and concur in 
the Senate amendments to the bill (H.R. 5809) to amend the Controlled 
Substances Act to provide for take-back disposal of controlled 
substances in certain instances, and for other purposes.
  The Clerk read the title of the bill.
  The text of the Senate amendments is as follows:


[[Page 23242]]

       Senate 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--

[[Page 23243]]

       (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.''.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Waxman) and the gentleman from Texas (Mr. Burgess) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. WAXMAN. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. WAXMAN. Madam Speaker, I yield myself such time as I may consume.
  I urge my colleagues to vote in favor of H.R. 5809, an act to 
reauthorize the Diesel Emissions Reduction Act, or DERA. Since its 
enactment in 2005, DERA has provided significant public health 
benefits, improved our national energy security, and helped create 
jobs. Today's bill will authorize the continuation of this successful 
program for 2012 through 2016. It also slightly modifies the program to 
improve its effectiveness and administration.
  Diesel engines are the workhorses of the economy. They are used to 
take students to school, to build roads and buildings, and to transport 
goods over roads, rails, and waterways. Diesel engines have long had a 
reputation for being dirty, but that reputation is changing. New diesel 
engines and vehicles must meet tough standards set by the Environmental 
Protection Agency. However, there are millions of older diesel engines 
now in use that have very high emissions, causing a number of public 
health and environmental problems, including premature death. These 
engines have long useful lives, up to 25 years, so absent incentives to 
clean them up, we will be suffering from their pollution for a long 
time.
  DERA is designed to use voluntary partnership approaches to reduce 
pollution from these existing engines and vehicles. DERA authorizes EPA 
and the States to use loans and grants to help clean up existing dirty 
diesel engines and vehicles. Today's bill would also permit EPA to run 
rebate programs for clean diesel technology.
  All 50 States and D.C. have established DERA programs. Today's bill 
would allow Puerto Rico, the Virgin Islands, American Samoa, and the 
Northern Mariana Islands to do the same. DERA projects have included 
retrofitting schoolbuses to reduce children's exposure to harmful air 
pollution, repowering locomotives used at seaports to save fuel and 
reduce emissions in the surrounding neighborhoods, and replacing high-
emitting construction equipment. Clean diesel funding has also been 
used to help small- and medium-sized trucking companies afford clean 
technologies.
  I was pleased to see EPA's recent action stating a preference for 
programs for truckers that couple fuel conservation technology with 
emissions reduction technologies, including anti-idling technologies, 
over programs that only have fuel conservation provisions. This 
approach is consistent with the DERA program as amended by this bill.
  DERA is delivering numerous benefits. EPA estimates that every $1 
spent on clean diesel projects generates up to $13 of public health 
benefits. DERA also helps reduce our dependence on foreign oil. From 
projects funded in just the first year of the program, EPA estimates 
that the country will save more than 3.2 million gallons of fuel 
annually. This means that truckers and other diesel operators will 
spend $8 million less on fuel, and reduce their CO2 
emissions by 35,600 tons per year.
  DERA also helps create jobs in the U.S. For every $500 million spent 
on diesel retrofit technology, DERA saves or creates on average almost 
10,000 jobs. It also has facilitated the development of emerging 
cleaner technologies.
  Given these benefits, it is not surprising that on November 9 a 
coalition of 538 companies and organizations representing manufacturing 
and business interests, environmental and health-based organizations, 
faith and labor groups, and State and local agencies wrote to House 
members to urge reauthorization of the Diesel Emissions Reduction Act, 
DERA. This reauthorization of DERA has strong bipartisan support, which 
has been a hallmark during its enactment and annually during the 
appropriations process.
  Despite the significant benefits from DERA, today's bill sets the 
authorization level for 2012 through 2016 at half the level of that for 
2007 through 2011. The authorizing level is being reduced so that it is 
more in line with the levels that are normally appropriated for this 
program.

                              {time}  1030

  It is not an indication that this Congress believes that the need for 
the program has decreased nor is it an indication that appropriated 
levels should be decreased. The Diesel Emissions Reduction Act has been 
a successful program that has widespread support and has produced 
significant benefits. I hope you will join me today in voting to 
reauthorize it.
  I reserve the balance of my time.
  Mr. BURGESS. I yield myself such time as I may consume.
  Madam Speaker, it is somewhat ironic that here we are, almost poetic, 
like a line from a Robert Frost poem: on the shortest evening of the 
year, here we stand in the darkened wood, two roads diverge in front of 
us.
  This Congress should be over. This Congress should have been over a 
month ago. But here we still are, continuing to pass legislation that 
is going to affect the lives of Americans well into this decade. And 
you have to ask yourself: Why is it that we are here doing this at this 
time?
  Now, the bill before us is not necessarily bad policy. In fact, it 
was part

[[Page 23244]]

of the Energy Policy Act of 2005. I voted in favor of that bill in 
2005, and this reauthorizes a segment of it to deal with diesel 
emission reductions. And, all in all, it has been a good program.
  The chairman is right; the amount of appropriations that are being 
authorized has been reduced from what was originally prescribed under 
the Energy Policy Act of 2005, and, all in all, that is a good thing. 
It is attributable to the fact that this has been a successful program 
and that its need going forward is less than what it was in 2005.
  The chairman is also quite correct; diesel engines have a long life. 
They are a marvel of engineering. I have businesses in my district. 
Floyd McNeely, in my district in Fort Worth, runs a diesel refurbishing 
plant where he takes old run-out diesel engines and puts new life into 
them. Because of Environmental Protection Agency constraints, he can't 
sell them in this country but actually is able to sell them to 
countries in Central and South America, and they continue to perform 
good works, both in trucks and boats and other mechanical applications. 
Because of the long life of diesel engines, this program is indeed a 
reasonable one because it does reduce the diesel emissions from those 
engines that have been in use and provided gainful employment for a 
long period of time.
  I am pleased the authorization was reduced. I am pleased that section 
3 of this legislation before us authorizes a General Accounting Office 
study as to whether or not the authorization is even necessary going 
forward into the next period of authorization. It is important to make 
certain that this legislation stays on the right track.
  Of course, as with many things in Washington, this legislation is 
supported by a broad coalition of environmental, science-based, public 
health, industry, and State and local government groups, all of which 
stand to benefit from this legislation. The American people, indeed, 
stand to benefit from this legislation because of the reduced amount of 
particulate emissions in older diesel engines.
  But it still negates the fact that we shouldn't even be here in the 
first place. This Congress should have died a merciful death after 
being repudiated by the American people in the last election, and yet 
here we are, late into December, continuing to enact policies that are 
going to affect American lives well into this decade and probably 
decades beyond.
  The American people spoke loudly with one voice and with extreme 
clarity on November 2 of this year. They said: Congress, stop. You've 
done enough damage. Go home and let us send new people to do the job.
  Well, the new people are waiting in the wings, 80 freshmen on my 
side, ready to take the reins of power. Yet here we are at the 11th 
hour continuing to push policy across the floor. Whether it be good or 
bad policy at this point is not the point. The point is this Congress 
should have long ago gone home and wrapped up its business.
  I reserve the balance of my time.
  Mr. WAXMAN. Madam Speaker, we are paid until the end of the year. We 
are here to do our job. The American people said to work things out on 
a bipartisan basis. That is what we have done with this legislation.
  I am pleased to yield 5 minutes to my good friend from southern 
California (Ms. Richardson).
  Ms. RICHARDSON. Madam Speaker, I rise today in support of the Senate 
amendments to H.R. 5809, the Senate version of the Diesel Emissions 
Reduction Act of 2010. As author of H.R. 6482, the House companion to 
the Senate bill, S. 3973, I urge my colleagues to join me in supporting 
this legislation.
  I would argue that this legislation was not just brought up in the 
lame duck session. In fact, I have staff members here who worked a 
great deal of time with the Energy and Commerce Committee to bring 
forward this very thoughtful legislation. What this legislation will do 
is create jobs, save lives, and significantly improve the Nation's air 
quality system.
  I wish to thank Chairman Waxman and Chairman Markey and their staffs 
for their support and everything they have done to make it possible to 
bring this bill to the floor. It is important. People's health is 
important, even today in a lame duck session. I also appreciate the 
efforts of Senator Voinovich and Senator Carper in shepherding this 
bill through the Senate.
  This legislation reauthorizes and extends DERA for an additional 5 
years and includes several important modifications to expand the 
program and increase eligibility. DERA has proven to be successful, and 
this is why we are bringing this bill forward today, in reducing diesel 
emissions by upgrading and modernizing older diesel engines and 
equipment.
  You might ask: Why is this important to me in my particular district 
and in California and in the Nation? Well, I'll tell you why. Our 
district is home to the two busiest container ports in the United 
States: the Port of Los Angeles and the Port of Long Beach. On average, 
35,000 trucks commute to and from the ports daily, and by the year 2030 
this number is expected to triple.
  Those living along freight corridors in my district are already 
suffering from asthma and cancer rates far above the national average. 
Air quality improvement and reductions in emissions are vital to the 
quality of life and health for those who live along the goods movement 
corridors.
  The immediate and long-term benefits of passing the DERA 2010 Act are 
substantial, both in my district and in the Nation. Additionally, the 
Diesel Emissions Reduction Act of 2010 provides economic incentives 
that all of our State and local governments need right now, with their 
private fleets that contract with State and local governments, to 
decrease emissions still while maintaining and expanding their levels 
of service.
  Since DERA was funded back in 2007, more than 3,000 projects 
nationwide have benefited from this very program. The EPA has estimated 
that the program averages more than $13 in savings, yes, savings, in 
health and economic benefits for every $1 in funding, and this 
reauthorization even further emphasizes cost-effective programs. 
Moreover, projections estimate that nearly 2,000 lives will be saved by 
2017 in direct relation to DERA's impact on air quality.
  This legislation has been endorsed by leading environmental, health, 
and transportation organizations who have argued that DERA is an 
effective program that protects and creates American jobs.
  I would like to include in the Record a letter supporting this 
legislation signed by over 500 leading environmental, health, and 
transportation organizations and companies.
  Members in both Chambers and on both sides of the aisle have embraced 
this legislation. I urge my colleagues to support it again today.

                                                 November 9, 2010.
     Hon. Laura Richardson,
     House of Representatives, Washington, DC.
       Dear Congresswoman Richardson: As a uniquely broad 
     coalition of environmental, science-based, public health, 
     industry, labor and state and local government groups, we are 
     writing in support of efforts to reauthorize the Diesel 
     Emission Reduction Act (DERA), scheduled to expire at the end 
     of fiscal year 2011. The program has been extremely 
     successful in providing cost-effective public health and 
     environmental benefits.
       Diesel-powered vehicles and equipment play an important 
     role in the nation's economy and are getting cleaner every 
     day. DERA, originally enacted in 2005 with overwhelming 
     bipartisan support, was designed to reduce emissions from the 
     20 million existing diesel engines in use today by as much as 
     90 percent.
       Since enactment, DERA has been successful from an economic, 
     environmental and public health perspective, yielding one of 
     the greatest cost-benefit ratios of any federal program, 
     according to the Office of Management and Budget 
     calculations. In a recent Report to Congress on the first 
     year of the DERA program, the Environmental Protection Agency 
     (EPA) estimates that for every dollar spent on the DERA 
     program, an average of more than $20 in health benefits are 
     generated. Every state in the nation now has a diesel 
     retrofit program and benefits from DERA funding.
       As a result of the program's success, DERA benefits from 
     extensive broad-based support. Over 350 diverse companies and 
     organizations from across the country have signed letters in 
     support of DERA. In addition, the U.S.

[[Page 23245]]

     Conference of Mayors, the National Association of Counties 
     and the National Conference of State Legislatures all adopted 
     policies at their annual meetings this summer calling on 
     Congress to reauthorize the Diesel Emissions Reduction Act. 
     We encourage you to prioritize passage of this successful bi-
     partisan program the next time Congress is in session to 
     ensure continued benefits for all.
       We strongly support efforts to reauthorize the program for 
     an additional five years at the current authorized level of 
     funding along with a few modest changes. Changes proposed in 
     draft legislation will make the program more effective by 
     streamlining the grant process, improving EPA's 
     administration, removing outdated language, and ensuring full 
     consideration of the congressional policies and priorities 
     established in the law.
       We urge you to support efforts to reauthorize the Diesel 
     Emission Reduction Act (DERA), by cosponsoring legislation 
     once introduced, to ensure the continuation of this widely 
     successful, cost effective program.
           Sincerely,
       Action for Regional Equity; Action United; AGC of 
     Minnesota; AJC-Palm Beach County Regional Office; Alabama 
     State Port Authority; Alban Tractor Company, Inc.; Albany 
     Port District Commission, Alivio Medical Center; Allied Grape 
     Growers; Almond Hullers & Processors Association; 
     Alternatives for Community and Environment (ACE); Amalgamated 
     Transit Union Local 241; American Association of Port 
     Authorities (AAPA); American Lung Association; American Lung 
     Association in Alabama; American Lung Association in Alaska; 
     American Lung Association in Arizona; American Lung 
     Association in Arkansas; American Lung Association in 
     California; American Lung Association in Colorado.
       American Lung Association in Connecticut; American Lung 
     Association in DC; American Lung Association in Delaware; 
     American Lung Association in Florida; American Lung 
     Association in Georgia; American Lung Association in Hawaii; 
     American Lung Association in Idaho; American Lung Association 
     in Illinois; American Lung Association in Indiana; American 
     Lung Association in Iowa; American Lung Association in 
     Kansas; American Lung Association in Kentucky; American Lung 
     Association in Louisiana; American Lung Association in Maine; 
     American Lung Association in Maryland; American Lung 
     Association in Massachusetts; American Lung Association in 
     Michigan; American Lung Association in Minnesota; American 
     Lung Association in Mississippi; American Lung Association in 
     Missouri.
       American Lung Association in Montana; American Lung 
     Association in Nebraska; American Lung Association in Nevada; 
     American Lung Association in New Hampshire; American Lung 
     Association in New Jersey; American Lung Association in New 
     Mexico; American Lung Association in New York; American Lung 
     Association in North Carolina; American Lung Association in 
     North Dakota; American Lung Association in Ohio; American 
     Lung Association in Oklahoma; American Lung Association in 
     Oregon; American Lung Association in Pennsylvania; American 
     Lung Association in Rhode Island; American Lung Association 
     in South Carolina; American Lung Association in South Dakota; 
     American Lung Association in Tennessee; American Lung 
     Association in Texas; American Lung Association in Utah; 
     American Lung Association in Vermont; American Lung 
     Association in Virginia.
       American Lung Association in Washington; American Lung 
     Association in West Virginia; American Lung Association in 
     Wisconsin; American Lung Association in Wyoming; American 
     Road & Transportation Builders Association; Appalachian 
     Voices; Artic Breeze/Hammond Air Conditioning Limited; 
     Associated California Loggers; Associated Equipment 
     Distributors; Associated General Contractors of America 
     (AGC); Associated General Contractors of Greater Milwaukee; 
     Association of American Railroads; Association of Equipment 
     Manufacturers; Asthma Regional Council; Atlanta Bicycle 
     Coalition; Autotherm Division Enthal Systems Inc.; B.R. 
     Williams, Inc.; Baltimore Nonviolence Center; BASF Catalyst 
     LLC; Baumot North America, LLC.
       Bay Area Air Quality Management District; Beaverton Schools 
     Transportation; Beck Bus Transportation; Bell Associates 
     International LLc; Beverly Unitarian Church; Bike Pittsburgh; 
     Bikes Not Bombs; Blue Diamond Growers; Boston Climate Action 
     Network (BostonCAN); Boston Healthy Homes and Schools 
     Collaborative; Brattain International Trucks, Inc.; Breast 
     Cancer Action Coalition; Breathe Clean Air Action Team 
     (BCAAT, Inc.); Brett Hulsey, Dane County; Supervisor, 
     District 4; California Association of Wheat Growers; 
     California Cattlemen's Association; California Citrus Mutual; 
     California Cotton Ginners Association; California Cotton 
     Growers Association; California Dairy Campaign; California 
     Farm Bureau Federation; California Grape & Tree Fruit League; 
     California Partnership for the San Joaquin Valley, Air 
     Quality Work Group; California Rice Commission.
       California School Transportation Association; California 
     Women for Agriculture; Campbell Maritime, Inc.; Canary 
     Coalition; Capitol Underground, Inc.; Carolina Green Food 
     Service Supply; Cascade Sierra Solutions--Coburg, OR Branch; 
     Cascade Sierra Solutions--Fontana, CA Branch; Cascade Sierra 
     Solutions--National; Cascade Sierra Solutions--Portland, OR 
     Branch; Cascade Sierra Solutions--Sacramento, CA Branch; 
     Cascade Sierra Solutions--Seattle, WA Branch; Catalytic 
     Solutions, Inc.; Caterpillar Inc.; Center for Biological 
     Diversity; Center for the Celebration of Creation 
     (Philadelphia, PA); Central Valley Air Quality Coalition 
     (CVAQ); Charlotte Area Bicycle Alliance.
       Charlotte Energy Solutions; Chelsea Board of Health; 
     Chelsea Collaborative, Inc; Chelsea Creek Action Group; 
     Chelsea Green Space and Recreation Committee; Chesapeake 
     Climate Action Network; Chestnut Ridge Transportation, Inc.; 
     Chicago Area Clean Cities; Childhood Lead Action Project; 
     Citizen Action/Illinois; Citizen Power; Citizens Against 
     Ruining the Environment; Citizens Environmental Coalition; 
     Citizens for Pennsylvania's Future (PennFuture); City of 
     Pittsburgh; City of Westland, Michigan; Cleaire Advanced 
     Emissions Controls; Clean Air Board of Central Pennsylvania; 
     Clean Air Carolina; Clean Air Council.
       Clean Air Partnership; Clean Air Task Force (CATF); Clean 
     Air Watch; Clean Energy Coalition (MI); Clean Fuels Ohio; 
     Clean New York; Clean Water Action--California; Clean Water 
     Action--Chesapeake Region; Clean Water Action--Colorado; 
     Clean Water Action--Connecticut; Clean Water Action--Florida; 
     Clean Water Action--Michigan; Clean Water Action--National; 
     Clean Water Action--Pennsylvania; Clean Water Action--Rhode 
     Island; Clean Water Action--Texas; Clean Water Action 
     Alliance of Massachusetts; Cleveland County Asthma Coalition 
     (NC); Coalition for Responsible Transportation (CRT); 
     Coalition of Labor, Agriculture and Business--Imperial.
       Commuter Challenge; Connecticut Citizen Action Group; 
     Constructors Association of Western Pennsylvania; Consulting 
     for Health, Air, Nature, and a Greener Environment (CHANGE); 
     Consumer Health Coalition; Corning Incorporated; Craufurd 
     Manufacturing, LLC; Cummins Atlantic, LLC; Cummins Bridgeway 
     LLC; Cummins Cal Pacific, LLC; Cummins Crosspoint, LLC; 
     Cummins Inc.; Cummins Mid-South, LLC; Cummins Northeast, LLC; 
     Cummins Northwest, LLC; Cummins NPower LLC; Cummins Power 
     South, LLC; Cummins Power Systems, LLC; Cummins Rocky 
     Mountain, LLC; Cummins Southern Plains, LLC.
       Cummins West, Inc.; DC Environmental Network; Dean 
     Transportation; Deere & Company; Dell Transportation; 
     Developing Communities Project; Diesel Technology Forum 
     (DTF); Donaldson Company; Dorchester Environmental Health 
     Coalition (DEHC); Dousman Transport Company, Inc.; Duluth 
     Seaway Port Authority; Durham School Services LLC; E Global 
     Solutions, Inc. (EGS); Earth Day Coalition; Earth Force, 
     Inc.; Earthjustice; East Michigan Environmental Action 
     Council; Eaton Corporation; ECO-Action; Ecology Center.
       Ecumenical Ministry of Oregon; Educational Bus 
     Transportation, Inc.; Emissions Control Technology 
     Association (ECTA); Emisstar LLC; EnergyCel; EnergyXtreme; 
     Engine Control Systems Limited; Engine Manufacturers 
     Association (EMA); Environment Maryland; Environment North 
     Carolina; Environment Northeast; Environment Ohio; 
     Environment Oregon; Environment Rhode Island; Environmental 
     Advocates of New York; Environmental Defense Fund; 
     Environmental Health Fund; Environmental Health Watch (OH); 
     Environmental Justice League of Rhode Island; Environmental 
     Justice Partnership.
       Environmental Law and Policy Center; Espar Heater Systems; 
     Evangelical Diocese of the Northwest; Farmworker Association 
     of Florida; First Student; FitzGerald Corp.; Foss Maritime 
     Company; Fowler Bus Company, Inc.; Freight Wing Inc.; Fresno 
     County Farm Bureau; Friends of the Earth; Friends of the 
     Moshassuck (RI); GA Women's Actions for New Directions; 
     Georgia Mining Association; Georgia Women's Action for New 
     Directions (GA WAND); Gladstein, Neandross & Associates; 
     Gordon Trucking, Inc.; Great Land Conservation Trust; Greater 
     Four Corners Action Coalition (GFCAC); Greater Lansing Area 
     Clean Cities; Green Communities Coalition.
       Green Cycle Group--Northeastern Illinois University; Green 
     Decade Cambridge; Green Medford (Medford, MA); Green 
     Sanctuary Group; GreenLaw; Greenpeace; Groundwork Lawrence; 
     Groundwork Somerville; Group Against Smog and Pollution 
     (Pittsburgh); Growth Through Energy + Community Health 
     (GTECH); Health Resources in Action, Inc.; Healthy Chicago 
     Lawn Coalition; Healthy Schools Campaign; Hendrickson Bus 
     Corporation; Hill District Consensus Group; Howard Brown 
     Health Center; Huntington Breast Cancer Action Coalition; 
     Huntington Coach Corporation; Idle Free Systems Inc.; 
     Illinois Association of School Nurses.
       Illinois Environmental Council; Illinois Maternal and Child 
     Health Coalition; Illinois Public Health Association; 
     Illinois Public Interest Research Group (PIRG); Illinois 
     School Transportation Association; Imperial Valley Vegetable 
     Growers Association; Inland Power Group (Butler, WI); 
     Institute for

[[Page 23246]]

     Local Self-Reliance; InterMotive, Inc.; Interreligious Eco-
     Justice Network (Connecticut's Interfaith Power and Light); 
     Jaco Transportation, Inc.; James Ginda, MA, RRT, AE-C, CHES; 
     John Engen, Mayor--Missoula, Montana; Johnson Matthey, Inc.; 
     Kern County Farm Bureau; Kings County Farm Bureau; Kobussen 
     Buses Ltd.; Krapf Bus Companies; KyotoUSA; Lawrence Mayor's 
     Health Task Force; Leadership Council of the Congregation of 
     the Sisters, Servants of the Immaculate Heart of Mary; 
     Leonardo Academy Inc.; Liqtech NA; LivableStreets Alliance.
       M & M Bus Service, Inc.; M.A.Turbo/Engine Ltd.; MA 
     Republicans for Environmental Protection; Madeline Island 
     Ferry Line; Madera County Farm Bureau; Makah Tribe; Mankato 
     Area Environmentalists; MANN+HUMMEL; Manufacturers of 
     Emission Controls Association (MECA); Maryland Port 
     Administration--Port of Baltimore; Maryland Public Interest 
     Research Group (PIRG); Massachusetts Climate Action Network; 
     Massachusetts Port Authority; Mattabeseck Audubon Society; 
     McHenry Pressure Cleaning Systems; McLean Contracting 
     Company; Mecklenburg County, NC, Board of County 
     Commissioners; Merced County Farm Bureau; Metrolina Biofuels; 
     Metropolitan Mayors Caucus Clean Air Counts Campaign.
       Michigan Citizen Action; Michigan Environmental Council; 
     Michigan Infrastructure & Transportation Association; 
     Michigan Interfaith Power and Light; Michigan League of 
     Conservation Voters; Middlesex Clean Air Association; Mid-
     Ohio Regional Planning Commission (MORPC); Minnesota Center 
     for Environmental Advocacy; Minnesota Clean Water Action 
     Alliance; Minnesota School Bus Operators Association; 
     MIRATECH Corporation; Mississippi State Port Authority; 
     Mobile Bay Audubon Society; Montana Association of Churches; 
     Montana Public Health Association; Mothers & Others for Clean 
     Air (GA); MTU Detroit Diesel Inc.; MV Student Transportation; 
     National Association for Pupil; Transportation (NAPT); 
     National Association of Clean Air Agencies (NACAA); National 
     Association of Counties; National Association of 
     Manufacturers.
       National Association of State Directors of Pupil 
     Transportation Services; National Association of Waterfront 
     Employers (NAWE); National Ground Water Association; National 
     School Transportation Association; Natural Resources Council 
     of Maine; Natural Resources Defense Council (NRDC); Navistar, 
     Inc.; NC Conservation Network; NC Pediatric Society; NC WARN; 
     Near Northwest Neighborhood Network; Neighborhood of 
     Affordable Housing (NOAH); Neighborhood Planning Unit H 
     Health Committee; New Jersey Clean Cities Coalition; New 
     Jersey Environmental Federation (State Chapter of Clean Water 
     Action); New York Association for Pupil Transportation; New 
     York Public Interest Research Group (NYPIRG); NGK Automotive 
     Ceramics USA, Inc.; Nine Mile Run Watershed Association; 
     Nisei Farmers League.
       North Carolina State Ports Authority; Northeast Ohio Clean 
     Fuels Program; Northeast States for Coordinated Air Use 
     Management (NESCAUM); Northwest Environmental Defense Center; 
     Nose Cone Mfg. Co.; Nuestras Raices; NxtGen Emission Controls 
     USA Inc.; NY Student Xpress; Ocean State Action (RI); Ohio 
     Contractors Association; Ohio Environmental Council; Ohio 
     League of Conservation Voters; Ohio Network for the 
     Chemically Injured; One Less Car; Oregon Department of 
     Environmental Quality; Oregon Environmental Council; Oregon 
     Interfaith Power and Light; Oregon Physicians for Social 
     Responsibility; Oregon Toxics Alliance; Oregon Trucking 
     Associations; Pace Energy and Climate Center; Pacific 
     Merchant Shipping Association; Pacific Northwest Waterways 
     Association (PNWA); Parallel Housing, Inc.
       Pennsylvania Council of Churches; Petermann LTD; Physicians 
     for Social Responsibility--Sacramento; Physicians for Social 
     Responsibility--Tampa Bay; Pierce Coach Line, Inc.; Pilsen 
     Environmental Rights & Reform Organization; Pioneer Valley 
     AFL-CIO; Pioneer Valley Asthma Coalition; Pitt County 
     Memorial Hospital--Pediatric Asthma Program; Pittsburgh 
     Interfaith Impact Network; Pittsburgh Region Clean Cities; 
     Pittsburgh UNITED; Port Authority of New York & New Jersey; 
     Port Everglades; Port of Corpus Christi Authority; Port of 
     Everett; Port of Houston Authority; Port of Long Beach; Port 
     of Los Angeles; Port of Oakland; Port of Pittsburgh 
     Commission.
       Port of Portland (OR); Port of San Francisco; Port of 
     Seattle; Port of Tacoma; Portland, CT Clean Energy Task 
     Force; Portland-River Valley Garden Club; Prevention is the 
     Cure, Inc. (Huntington, NY); Progress Michigan; 
     R.I.C.H.T.E.R. Foundation; Rachel Carson Institute; Rachel's 
     Friends Breast Cancer Coalition; Regional Air Pollution 
     Control Agency; Regional Environmental Council of Central 
     Mass; Renewable Energy Long Island (RELI); Republicans for 
     Environmental Protection; Respiratory Health Association of 
     Metropolitan Chicago; Retail Industry Leaders Association; 
     Rhode Island Chapter--Interfaith Power and Light; Rhode 
     Island Chapter of the Sierra Club; Rhode Island Committee on 
     Occupational Safety and Health (RICOSH); Rhode Island Nurses 
     Association; Rhode Island Society for Respiratory Care.
       Riteway Bus Service, Inc.; RJ Corman Railroad Group; Robert 
     Bosch LLC; Rolling V Bus Corp.; Rush Truck Center--Abilene 
     (TX); Rush Truck Center--Albuquerque (NM); Rush Truck 
     Center--Alice (TX); Rush Truck Center--Ardmore (OK); Rush 
     Truck Center--Atlanta (GA); Rush Truck Center--Austin (TX); 
     Rush Truck Center--Chandler (AZ); Rush Truck Center--Dallas 
     (TX); Rush Truck Center--Denver (CO). Rush Truck Center--El 
     Centro (CA); Rush Truck Center--El Paso (TX); Rush Truck 
     Center--Escondido (CA); Rush Truck Center--Flagstaff (AZ); 
     Rush Truck Center--Fontana (CA); Rush Truck Center--Fort 
     Worth (TX); Rush Truck Center--Greeley (CO).
       Rush Truck Center--Haines City (FL); Rush Truck Center--
     Houston (TX); Rush Truck Center--Jacksonville (FL); Rush 
     Truck Center--Laredo (TX); Rush Truck Center--Las Cruces 
     (NM); Rush Truck Center--Lufkin (TX); Rush Truck Center--
     Mobile (AL); Rush Truck Center--Nashville (TN); Rush Truck 
     Center--Oklahoma City (OK); Rush Truck Center--Orlando (FL); 
     Rush Truck Center--Pharr (TX); Rush Truck Center--Phoenix 
     (AZ); Rush Truck Center--Pico Rivera (CA); Rush Truck 
     Center--San Antonio (TX); Rush Truck Center--San Diego (CA); 
     Rush Truck Center--Sealy (TX); Rush Truck Center--Sylmar 
     (CA); Rush Truck Center--Tampa (FL); Rush Truck Center--
     Texarkana (TX); Rush Truck Center--Tucson (AZ); Rush Truck 
     Center--Tulsa (OK); Rush Truck Center--Tyler (TX); Rush Truck 
     Center--Waco (TX); Rush Truck Center--Winter Garden (FL); 
     Rypos, Inc.
       Sacramento Metropolitan Air Quality Management District; 
     San Joaquin Farm Bureau Federation; San Joaquin Valley Air 
     Pollution Control District; San Luis Obispo County Air 
     Pollution Control District; Santa Barbara County Air 
     Pollution Control District; School Bus, Inc.; Science and 
     Environmental Health Network; SD Johnston Engineering 
     Consultants; Service Employees International Union Local 23 
     BJ; Pittsburgh; Shadowood Technology Inc; Shorepower 
     Technologies; Sierra Club--Allegheny Group; Sierra Club, 
     Atlantic Chapter; Somerville Climate Action; South Carolina 
     Coastal Conservation League; South Carolina State Ports 
     Authority; South Coast Air Quality Management District; South 
     Shore Clean Cities, Inc. (Northern Indiana); Southern 
     Alliance for Clean Energy; Southern Environmental Law Center.
       Southwest Detroit--South Dearborn Environmental; 
     Collaborative; Southwest Detroit Clean Diesel Collaborative; 
     Southwest Detroit Community Benefits Coalition; Southwest 
     Detroit Environmental Vision; Spokane Regional Clean Air 
     Agency; Stanislaus County Farm Bureau; Starcrest Consulting 
     Group, LLC; State of Wisconsin Office of Energy Independence; 
     Sunrise Bus Company; Sunrise Southwest, LLC; Sunrise 
     Transportation; Sustainable Conservation; Sustainable Energy 
     Alliance of Long Island; Sustainable Englewood Initiatives; 
     Sustainable Pittsburgh; Tacoma Rail; Tampa Port Authority; 
     Tenneco, Inc.; Tennessee Citizens for Wilderness Planning.
       Tennessee Environmental Council; Tennessee Interfaith Power 
     and Light; The Construction Institute; The TransGroup, LLC; 
     Thomas Built Buses, Inc.; Toxics Information Project; 
     Triangle Clean Cities Coalition; Truck Manufacturers 
     Association; Tulare County Farm Bureau; Umicore Autocat USA 
     Inc.; Union County Environmental Health (NC); Union of 
     Concerned Scientists; United Food and Commercial Workers 
     Union Local 23; United Motorcoach Association; United States 
     Chamber of Commerce; University of Maryland for Clean Energy; 
     Utah Clean Cities Coalition; Village of Oak Park, Illinois; 
     Virginia Port Authority; Vision Transportation Services, 
     Inc.; Voices for Earth Justice; Volvo Group North America.
       Wake County Asthma Coalition; Washington State Department 
     of Ecology; Western MA Jobs with Justice; Western 
     Massachusetts Coalition for Occupational Safety and Health; 
     Western N.C. Physicians for Social Responsibility; Western 
     States Petroleum Association; Western United Dairymen; WI. 
     Engine Manufacturers & Distributors Alliance; WIH Resource 
     Group; Wisconsin Clean Cities--Southeast Area, Inc.; Women 
     for a Healthy Environment; Women's Voices for the Earth; 
     Yakima Regional Clean Air Agency; Yancey Power Systems; 
     Zeeland Public Schools.

  Mr. BURGESS. I yield myself such time as I may consume.
  Madam Speaker, I would only point out, certainly I have no objection 
to working. In fact, in my prior life as a physician I worked many 
Christmases, many New Years, many Fourth of Julys, Mothers Days, and 
Veterans Days. But the fact is here we are at the 11th hour, probably 
on the next to the last day before this Congress dies a merciful death, 
and here we are passing legislation that, in fact, we have not had a 
hearing on in our committee. We have not had a markup on this 
legislation in our committee.

[[Page 23247]]

  Several of us in the room right now are members of the Energy and 
Commerce Committee. I argue passionately during our committee hearings 
and markups that it is probably the committee with the most expertise 
in the whole United States Congress, and yet we didn't have a hearing 
to ask the simple question: Okay. We passed this legislation as part of 
the Energy and Policy Act in August of 2005 when it was signed into law 
by then President Bush. How has it done? How has it worked out? Has it 
performed as requested?
  I can't argue the fact that this isn't a good proposal. I voted for 
it in 2005. I suspect it is a good proposal. But wouldn't it have been 
great to have a hearing, to have a markup? But, instead, we bring this 
bill to the floor at the 11th hour right before this Congress is to 
adjourn, thankfully, for the last time, and Members are expected to 
vote on it up or down. It is a travesty to do things in this way, and I 
hope things will change for the better in the next Congress.
  Ms. MATSUI. Madam Speaker, I rise today in support of legislation 
that I introduced, along with Congresswoman Richardson, which would 
reauthorize the Diesel Emissions Reduction Act, DERA, to fund the 
modernization of diesel engines through retrofits.
  Countless studies have shown that diesel emissions are one of the 
most significant health risks to Americans. More specifically, the 
Environmental Protection Agency, EPA, has linked these emissions to 
premature death, aggravation of symptoms associated with asthma, and 
numerous other health impacts every year.
  To address this problem, in 2005, Congress enacted the Diesel 
Emissions Reduction Act, which established a five-year voluntary 
national and state-level grant and loan program to reduce diesel 
emissions, protect public health, and help states meet air quality 
standards of the Clean Air Act.
  Retrofitting diesel engines provides enormous environmental benefits, 
yet before this program was implemented, there were few direct economic 
incentives for vehicle and equipment owners to do so. The financial 
incentives provided by DERA support voluntary rather than regulatory 
efforts to assist states meet current air quality standards. 
Reauthorization of this critical program, which cleans up more than 
14,000 diesel-powered vehicles and equipment annually, would strengthen 
our ongoing efforts to reduce pollution, create additional demand for 
clean diesel technology, and employ thousands of workers who 
manufacture, sell or repair diesel vehicles and their components.
  It is for these reasons that the DERA program, which averages more 
than $13 in health and economic benefits for every $1 invested 
according to the EPA, needs to be reauthorized.
  I would be remiss if I did not recognize Senators Voinovich and 
Carper for authoring the DERA reauthorization program in the Senate, 
and to commend them for their outstanding leadership on this important 
issue. Their legislation served as the counterpart to the measure we 
introduced in the House of Representatives.
  H.R. 5089, which was unanimously approved by the other chamber, has 
garnered the support of a broad coalition of more than 530 
environmental, public health, industry and labor stakeholders.
  In closing, I urge my colleagues to join me in improving America's 
air quality by upgrading and modernizing older diesel engines by voting 
in favor of H.R. 5089.
  Mrs. CHRISTENSEN. Madam Speaker, I rise in support of S. 3973, the 
reauthorization of the Diesel Emissions Reduction Act, a successful 
program that I strongly believe will make a major difference in 
lowering energy costs for consumers in all territories.
  I am pleased that the program includes entities in the smaller 
territories, American Samoa, Guam, the Commonwealth of the Northern 
Mariana Islands (CNMI), and the U.S. Virgin Islands for the first time.
  While we are not at the level that we need, we pledge to fight for 
better inclusion in the future and do recognize that this is an 
important first step for the territories, which rely considerably on 
fossil fuels, including diesel.
  As the country transitions to a clean energy economy, I am sure that 
we all can agree that it is only fitting that all jurisdictions under 
the U.S. flag are able to take part in national and state diesel 
emissions reduction grant and loan programs. Though the Energy Policy 
Act of 2005 has achieved much in ensuring that states qualify for grant 
and loan programs, geared towards reducing diesel emissions--today's 
reauthorization of the DERA will go a long way to ensure that all U.S. 
citizens are able to tap into the resources necessary to relieve the 
burdens associated with the combustion of dirty fossil fuels.
  Reducing emissions from diesel engines is one of the most important 
air quality challenges facing the U.S. and its territories. Though it 
is undeniable that diesel engines have proven to be an invaluable 
resource over the years, it is high time that we reevaluate our over 
dependence on this fuel source--and look towards more sustainable 
alternatives.
  As we are all aware, these engines emit large amounts of nitrogen 
oxides, particulate matter and air toxins, resulting in serious public 
health concerns.
  Much of our heavy machinery and school buses are operated by diesel 
engines that do not meet EPA's clean diesel standards. Extension of the 
diesel emission reduction provisions will not only help to further 
current commitments to reduce air pollution but will make great strides 
in protecting our communities' health and that of future generations. 
Inclusion of all the territories in the DERA reauthorization would 
provide our jurisdictions with the opportunity to access currently 
unavailable resources necessary to retrofit existing equipment and 
implement new emissions control technologies.
  At this time I would applaud the authors of this bill and thank 
Chairman Waxman and Energy and Commerce Committee staff for their 
leadership in ensuring that the territories are included in this 
important bill. I would also like to recognize the CNMI, Guam, American 
Samoa and Puerto Rico delegations for their tireless efforts on this 
issue as well.
  Mr. MARKEY of Massachusetts. Madam Speaker, I rise in support of the 
Diesel Emission Reduction Act of 2010. This bill would reauthorize the 
extremely successful Diesel Emission Reduction Act, known as ``DERA'', 
enacted as part of the Energy Policy Act of 2005 and administered by 
the Environmental Protection Agency. Since its creation the DERA 
program has provided Federal grants and loans to support more than 
3,000 projects to retrofit diesel engines to reduce pollution. The 
emissions reductions achieved by DERA have resulted in over $600 
million in public health benefits so far. The program has provided over 
$13 in health and economic benefits for every $1 spent on retrofits, 
and has created or sustained nearly 9,000 jobs since Fiscal Year 2008.
  The legislation now before us would reauthorize the DERA program 
through Fiscal Year 2016 and would make a number of important 
improvements. Notably it would allow EPA to establish a rebate program, 
alongside the existing grant and loan program. It would also allow 
private entities under contract with a non-profit or government to 
apply directly for funding, instead of limiting the program to 
government entities. These improvements will help this program to 
continue to clean our air and protect public health from diesel 
pollution.
  This is a bipartisan bill championed by Senators Carper and Voinovich 
and deserves our support. I urge a ``yes'' vote.
  Mr. JOHNSON of Georgia. Madam Speaker, I rise in support of 5809, the 
Diesel Emissions Reduction Act. This legislation will reauthorize an 
important program that establishes a voluntary national and state-level 
grant and loan program to reduce emissions from existing diesel engines 
through clean diesel retrofits.
  This reauthorization is particularly important for the citizens of my 
home State of Georgia who face the 15th highest risk of premature death 
due to diesel soot, when compared to the lower 48 states. According to 
the Clean Air Task Force, diesel soot in Atlanta leads to 335 premature 
deaths, over 14 thousand asthma attacks, and over 250 cases of chronic 
bronchitis. The cancer risk of breathing diesel soot in Atlanta is 442 
times the EPA's acceptable cancer level of 1 in a million. These 
figures are appalling and unacceptable.
  The Diesel Emissions Reduction Act has supported the cleanup of 
diesel engines throughout Georgia and every state in the union. Passage 
of this bill will improve health outcomes and save on health care costs 
across the country and that is why I urge my colleagues to vote yes.

                              {time}  1040

  Mr. BURGESS. As the gentleman knows, I can talk on this until my time 
has expired, but in the interest of comity and the spirit of the season 
and peace on Earth, good will toward men, I will yield back the balance 
of my time.
  Mr. WAXMAN. Notwithstanding the fact the gentleman yielded back his 
time, I want to now use the remainder of mine, but I won't, even though 
I could, but in the interest of comity and good will, I won't complain, 
I won't go on, I will simply yield back my time

[[Page 23248]]

and urge Members to support this worthwhile piece of legislation, which 
is now being, hopefully, passed for the second time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Waxman) that the House suspend the rules 
and concur in the Senate amendments to the bill, H.R. 5809.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the Senate amendments were concurred in.
  A motion to reconsider was laid on the table.

                          ____________________