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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5201 Introduced in Senate (IS)]

<DOC>

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)''.
                                 <all>
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