[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5201 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5201
To amend the Energy Policy Act of 2005 to limit Federal funding of the
procurement of certain buses under the Clean School Bus program, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Mrs. Blackburn (for herself, Mr. Kelly, Mr. Cornyn, and Ms. Baldwin)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Energy Policy Act of 2005 to limit Federal funding of the
procurement of certain buses under the Clean School Bus program, and
for other purposes.
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 ``Secure School Buses Act of 2024''.
SEC. 2. LIMITATION ON PROCUREMENT UNDER CLEAN SCHOOL BUS PROGRAM.
Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091) is
amended--
(1) in subsection (b)--
(A) by redesignating paragraph (8) as paragraph
(9); and
(B) by inserting after paragraph (7) the following:
``(8) Limitation on procurement of certain school buses.--
``(A) Limitation on use.--Except as provided in
subparagraph (C), financial assistance made available
under this subsection shall not be used in awarding a
contract or subcontract to an entity on or after the
date of enactment of the Secure School Buses Act of
2024 for the procurement of a school bus for use in
accordance with paragraph (5) if the manufacturer of
the school bus is owned or controlled by, is a
subsidiary of, is contractually tied to, or is
otherwise related legally or financially to a
corporation based in a country that--
``(i) is identified as a nonmarket economy
country (as defined in section 771(18) of the
Tariff Act of 1930 (19 U.S.C. 1677(18))) as of
the date of enactment of the Secure School
Buses Act of 2024;
``(ii) was identified by the United States
Trade Representative in the most recent report
required by section 182 of the Trade Act of
1974 (19 U.S.C. 2242) as a priority foreign
country under subsection (a)(2) of that
section; and
``(iii) is subject to monitoring by the
United States Trade Representative under
section 306 of the Trade Act of 1974 (19 U.S.C.
2416).
``(B) International agreements.--This paragraph
shall be applied in a manner consistent with the
obligations of the United States under international
agreements.
``(C) Exceptions.--
``(i) Prior contracts.--
``(I) In general.--Subject to
subclause (II), this paragraph shall
not apply to any contract or
subcontract made by an eligible
recipient with a school bus
manufacturer described in subparagraph
(A) if the manufacturer and the
eligible recipient have a contract for
school bus procurement that was
executed before the date of enactment
of the Secure School Buses Act of 2024.
``(II) Exclusion.--For purposes of
subclause (I), the term `contract or
subcontract' does not include an
option, an amendment, or an extension
of the original contract that is
exercised or executed on or after the
date of enactment of the Secure School
Buses Act of 2024.
``(ii) Minority relationships and
investments.--
``(I) In general.--For purposes of
this paragraph but subject to subclause
(II), the term `otherwise related
legally or financially' does not
include--
``(aa) a minority
relationship or investment; or
``(bb) a relationship with
or investment in a subsidiary,
joint venture, or other entity
based in a country described in
subparagraph (A) that does not
export school buses for use in
the United States.
``(II) Corporations based in the
people's republic of china.--
Notwithstanding subclause (I)(aa), for
purposes of this paragraph, the term
`otherwise related legally or
financially' includes a minority
relationship or investment if the
relationship or investment involves a
corporation based in the People's
Republic of China.''; and
(2) in subsection (c)(3)(E), by striking ``subsection
(b)(7)'' and inserting ``subsection (b)(9)''.
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