I 
117TH CONGRESS 
1ST SESSION H. R. 2721 
To reauthorize the Clean School Bus Program. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 21, 2021 
Mr. CA´RDENAS (for himself and Mrs. HAYES) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To reauthorize the Clean School Bus Program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Clean Commute for 
Kids Act of 2021’’. 
SEC. 2. CLEAN SCHOOL BUS PROGRAM. 
(a) IN GENERAL.—Section 741 of the Energy Policy 
Act of 2005 (42 U.S.C. 16091) is amended to read as 
follows: 
‘‘SEC. 741. CLEAN SCHOOL BUS PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
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‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Environ-
mental Protection Agency. 
‘‘(2) CLEAN
SCHOOL
BUS.—The term ‘clean 
school bus’ means a school bus that is a zero-emis-
sion school bus. 
‘‘(3) COMMUNITY OF COLOR.—The term ‘com-
munity of color’ means any geographically distinct 
area the population of color of which is higher than 
the average population of color of the State in which 
the community is located. 
‘‘(4) ELIGIBLE CONTRACTOR.—The term ‘eligi-
ble contractor’ means a contractor that is a for-prof-
it, not-for-profit, or nonprofit entity that has the ca-
pacity— 
‘‘(A) to sell clean school buses, or charging 
or other equipment needed to charge or main-
tain clean school buses, to individuals or enti-
ties that own a school bus or fleet of school 
buses; or 
‘‘(B) to arrange financing for such a sale. 
‘‘(5) ELIGIBLE RECIPIENT.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘eligible recipient’ means— 
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‘‘(i) 1 or more local or State govern-
mental entities responsible for— 
‘‘(I) providing school bus service 
to 1 or more public school systems; or 
‘‘(II) the purchase of school 
buses; 
‘‘(ii) a tribally controlled school (as 
defined in section 5212 of the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 
2511)); 
‘‘(iii) a nonprofit school transportation 
association; or 
‘‘(iv) 1 or more contracting entities 
that provide school bus service to 1 or 
more public school systems. 
‘‘(B) SPECIAL
REQUIREMENTS.—In the 
case of eligible recipients identified under 
clauses (iii) and (iv) of subparagraph (A), the 
Administrator shall establish timely and appro-
priate requirements for notice and may estab-
lish timely and appropriate requirements for ap-
proval by the public school systems that would 
be served by buses purchased using award 
funds made available under this section. 
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‘‘(6) INDIGENOUS COMMUNITY.—The term ‘in-
digenous community’ means— 
‘‘(A) a federally recognized Indian Tribe; 
‘‘(B) a State-recognized Indian Tribe; 
‘‘(C) an Alaska Native or Native Hawaiian 
community or organization; or 
‘‘(D) any other community of indigenous 
people, including communities in other coun-
tries. 
‘‘(7) LOW
INCOME.—The term ‘low income’ 
means an annual household income equal to, or less 
than, the greater of— 
‘‘(A) an amount equal to 80 percent of the 
median income of the area in which the house-
hold is located, as reported by the Department 
of Housing and Urban Development; and 
‘‘(B) 200 percent of the Federal poverty 
line. 
‘‘(8) LOW-INCOME
COMMUNITY.—The term 
‘low-income community’ means any census block 
group in which 30 percent or more of the population 
are individuals with low income. 
‘‘(9) SCHOOL BUS.—The term ‘school bus’ has 
the meaning given the term ‘schoolbus’ in section 
30125(a) of title 49, United States Code. 
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‘‘(10) SCRAP.— 
‘‘(A) IN
GENERAL.—The term ‘scrap’ 
means, with respect to a school bus engine re-
placed using funds awarded under this section, 
to recycle, crush, or shred the engine within 
such period and in such manner as determined 
by the Administrator. 
‘‘(B) EXCLUSION.—The term ‘scrap’ does 
not include selling, leasing, exchanging, or oth-
erwise disposing of an engine described in sub-
paragraph (A) for use in another motor vehicle 
in any location. 
‘‘(11) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Energy. 
‘‘(12) ZERO-EMISSION SCHOOL BUS.—The term 
‘zero-emission school bus’ means a school bus with 
a drivetrain that produces, under any possible oper-
ational mode or condition, zero exhaust emission 
of— 
‘‘(A) any air pollutant that is listed pursu-
ant to section 108(a) of the Clean Air Act (42 
U.S.C. 7408(a)) (or any precursor to such an 
air pollutant); and 
‘‘(B) any greenhouse gas. 
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‘‘(b) PROGRAM
FOR REPLACEMENT
OF EXISTING 
SCHOOL BUSES WITH CLEAN SCHOOL BUSES.— 
‘‘(1) ESTABLISHMENT.—The Administrator, in 
consultation with the Secretary, shall establish a 
program for— 
‘‘(A) making awards on a competitive basis 
of grants, rebates, and low-cost revolving loans 
to eligible recipients for the replacement of ex-
isting school buses with clean school buses; and 
‘‘(B) making awards of contracts to eligi-
ble contractors for providing rebates and low- 
cost revolving loans for the replacement of ex-
isting school buses with clean school buses. 
‘‘(2) APPLICATIONS.—An applicant for an 
award under this section shall submit to the Admin-
istrator an application at such time, in such manner, 
and containing such information as the Adminis-
trator may require, including— 
‘‘(A) a written assurance that— 
‘‘(i) all laborers and mechanics em-
ployed by contractors or subcontractors 
during construction, alteration, or repair, 
or at any manufacturing operation, that is 
financed, in whole or in part, by an award 
under this section, shall be paid wages at 
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rates not less than those prevailing in a 
similar firm or on similar construction in 
the locality, as determined by the Sec-
retary of Labor in accordance with sub-
chapter IV of chapter 31 of title 40, 
United States Code; and 
‘‘(ii) the Secretary of Labor shall, 
with respect to the labor standards de-
scribed in this clause, have the authority 
and functions set forth in Reorganization 
Plan Numbered 14 of 1950 (64 Stat. 
1267; 5 U.S.C. App.) and section 3145 of 
title 40, United States Code; 
‘‘(B) a certification that no public work or 
service normally performed by a public em-
ployee will be privatized or subcontracted in 
carrying out a project funded by the award; 
‘‘(C) to ensure a fair assessment of work-
force impact related to an award under this sec-
tion, a detailed accounting with respect to rel-
evant employees, including employees in each of 
management, administration, operations, and 
maintenance, of the eligible recipient at the 
time of the application, including— 
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‘‘(i) the number of employees, orga-
nized by salary; 
‘‘(ii) the bargaining unit status of 
each employee; 
‘‘(iii) the full- or part-time status of 
each employee; and 
‘‘(iv) the job title of each employee; 
and 
‘‘(D) a description of coordination and ad-
vance planning with the local electricity pro-
vider. 
‘‘(3) ELIGIBLE MANUFACTURERS.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall maintain and make publicly available a list 
of manufacturers of clean school bus manufac-
turers from whom recipients of awards under 
this section may order clean school buses. 
‘‘(B) CRITERIA.—The Administrator shall 
establish a process by which manufacturers may 
seek inclusion on the list established pursuant 
to this subparagraph, which process shall in-
clude the submission of such information as the 
Administrator may require, including— 
‘‘(i) a disclosure of whether there has 
been any administrative merits determina-
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tion, arbitral award or decision, or civil 
judgment, as defined in guidance issued by 
the Secretary of Labor, rendered against 
the manufacturer in the preceding 3 years 
for violations of applicable labor, employ-
ment, civil rights, or health and safety 
laws; and 
‘‘(ii) specific information regarding 
the actions the manufacturer will take to 
demonstrate compliance with, and where 
possible exceedance of, requirements under 
applicable labor, employment, civil rights, 
and health and safety laws, and actions the 
manufacturer will take to ensure that its 
direct suppliers demonstrate compliance 
with applicable labor, employment, civil 
rights, and health and safety laws. 
‘‘(4) PRIORITY OF APPLICATIONS.—— 
‘‘(A) 
HIGHEST
PRIORITY.—In 
making 
awards under paragraph (1), the Administrator 
shall give highest priority to applicants that 
propose to replace school buses that serve the 
highest number of students (measured in abso-
lute numbers or percentage of student popu-
lation) who are eligible for free or reduced price 
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lunches under the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1751 et seq.). 
‘‘(B) ADDITIONAL PRIORITY.—In making 
awards under paragraph (1), the Administrator 
shall give priority to applicants that propose to 
complement the assistance received through the 
award by securing additional sources of funding 
for the activities supported through the award, 
such as through— 
‘‘(i) public-private partnerships with 
electric companies; 
‘‘(ii) grants from other entities; or 
‘‘(iii) issuance of school bonds. 
‘‘(5) USE OF SCHOOL BUS FLEET.—All clean 
school buses acquired with funds provided under this 
section shall— 
‘‘(A) be operated as part of the school bus 
fleet for which the award was made for not less 
than 5 years; 
‘‘(B) be maintained, operated, charged, 
and fueled according to manufacturer rec-
ommendations or State requirements; and 
‘‘(C) not be manufactured or retrofitted 
with, or otherwise have installed, a power unit 
or other technology that creates air pollution 
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within the school bus, such as an unvented die-
sel passenger heater. 
‘‘(6) AWARDS.— 
‘‘(A) IN
GENERAL.—In making awards 
under paragraph (1), the Administrator may 
make awards for up to 100 percent of the re-
placement costs for clean school buses, provided 
that such replacement costs shall not exceed 
110 percent of the amount equal to the dif-
ference between the cost of a clean school bus 
and the cost of a diesel school bus. 
‘‘(B) STRUCTURING AWARDS.—In making 
an award under paragraph (1)(A), the Adminis-
trator shall decide whether to award a grant, 
rebate, or low-cost revolving loan, or a combina-
tion thereof, based primarily on— 
‘‘(i) how best to facilitate replacing 
existing school buses with clean school 
buses; and 
‘‘(ii) the preference of the eligible re-
cipient. 
‘‘(C) INCLUDED
COSTS.—Awards under 
paragraph (1) may pay for— 
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‘‘(i) acquisition and labor costs for 
charging or other infrastructure needed to 
charge or maintain clean school buses; 
‘‘(ii) workforce development and train-
ing, to support the maintenance, charging, 
and operations of electric school buses; and 
‘‘(iii) planning and technical activities 
to support the adoption and deployment of 
clean school buses. 
‘‘(D) EXCEPTION.—In the case of awards 
under paragraph (1) to eligible recipients de-
scribed in subsection (a)(5)(A)(iv), the Adminis-
trator may make awards for up to 70 percent 
of the replacement costs for clean school buses, 
except that if such a recipient demonstrates, to 
the satisfaction of the Administrator, that its 
labor standards are equal to or exceed those of 
the public school system that would be served 
by the clean school buses acquired with an 
award under this section, the Administrator 
may make an award to such recipient for up to 
90 percent of the replacement costs for clean 
school buses. 
‘‘(E) REQUIREMENTS.—The Administrator 
shall require, as a condition of receiving an 
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award under this section, that award recipi-
ents— 
‘‘(i) do not, as a result of receiving 
the award— 
‘‘(I) lay off, transfer, or demote 
any current employee; or 
‘‘(II) reduce the salary or bene-
fits of any current employee or worsen 
the conditions of work of any current 
employee; and 
‘‘(ii) provide current employees with 
training to effectively operate, maintain, or 
otherwise adapt to new technologies relat-
ing to clean school buses. 
‘‘(F) BUY AMERICA.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), any clean school bus or 
electric vehicle supply equipment pur-
chased using funds awarded under this 
section shall comply with the requirements 
described in section 5323(j) of title 49, 
United States Code. 
‘‘(ii) EXCEPTIONS.— 
‘‘(I) 
WAIVER.—The 
Adminis-
trator may provide a waiver to the re-
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quirements describe in clause (i) in 
the same manner and to the same ex-
tent as the Secretary of Transpor-
tation may provide a waiver under 
section 5323(j)(2) of title 49, United 
States Code. 
‘‘(II) PERCENTAGE
OF
COMPO-
NENTS
AND
SUBCOMPONENTS.—The 
Administrator may grant a waiver in 
accordance with section 5323(j)(2)(C) 
of title 49, United States Code, when 
a grant recipient procures a clean 
school bus or electric vehicle supply 
equipment using funds awarded under 
the program for which the cost of 
components and subcomponents pro-
duced in the United States— 
‘‘(aa) for each of fiscal years 
2021 through 2025, is more than 
60 percent of the cost of all com-
ponents of the clean school bus; 
and 
‘‘(bb) for fiscal year 2025 
and each fiscal year thereafter, is 
more than 70 percent of the cost 
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of all components of the clean 
school bus. 
‘‘(7) DEPLOYMENT
AND
DISTRIBUTION.—The 
Administrator shall— 
‘‘(A) to the maximum extent practicable, 
achieve nationwide deployment of clean school 
buses through the program under this section; 
‘‘(B) ensure, as practicable, a broad geo-
graphic distribution of awards under paragraph 
(1) each fiscal year; 
‘‘(C) solicit early applications for large- 
scale deployments and, as soon as reasonably 
practicable, award grants for at least one such 
large scale deployment in a rural location and 
another in an urban location, subject to the re-
quirement that each such award recipient— 
‘‘(i) participate in the development of 
best practices, lessons learned, and other 
information sharing to guide the imple-
mentation of the award program, including 
relating to building out associated infra-
structure; and 
‘‘(ii) cooperate as specified in sub-
paragraph (D); and 
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‘‘(D) develop, in cooperation with award 
recipients, resources for future award recipients 
under this section. 
‘‘(8) SCRAPPAGE.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall require the recipient of an award under 
paragraph (1) to verify, not later than 1 year 
after receiving a clean school bus purchased 
using the award, that the engine of the replaced 
school bus has been scrapped. 
‘‘(B) EXCEPTION.—Subject to such condi-
tions the Administrator determines appropriate, 
giving consideration to public health and reduc-
ing emissions of pollutants, the Administrator 
may waive the requirements of subparagraph 
(A) for school buses that meet— 
‘‘(i) the emission standards applicable 
to a new school bus as of the date of en-
actment of the Clean Commute for Kids 
Act of 2021; or 
‘‘(ii) subsequent emission standards 
that are at least as stringent as the stand-
ards referred to in clause (i). 
‘‘(c) EDUCATION AND OUTREACH.— 
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‘‘(1) IN
GENERAL.—Not later than 90 days 
after the date of enactment of the Clean Commute 
for Kids Act of 2021, the Administrator shall de-
velop an education and outreach program to promote 
and explain the award program under this section. 
‘‘(2) COORDINATION
WITH
STAKEHOLDERS.— 
The education and outreach program under para-
graph (1) shall be designed and conducted in con-
junction with interested national school bus trans-
portation associations, labor unions, electric utilities, 
manufacturers of clean school buses, manufacturers 
of components of clean school buses, clean transpor-
tation nonprofit organizations, and other stake-
holders. 
‘‘(3) COMPONENTS.—The education and out-
reach program under paragraph (1) shall— 
‘‘(A) inform, encourage, and support po-
tential award recipients on the process of apply-
ing for awards and fulfilling the requirements 
of awards; 
‘‘(B) describe the available technologies 
and the benefits of the technologies; 
‘‘(C) explain the benefits of participating 
in the award program; 
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‘‘(D) make available information regarding 
best practices, lessons learned, and technical 
and other information regarding— 
‘‘(i) clean school bus acquisition and 
deployment; 
‘‘(ii) the build-out of associated infra-
structure and advance planning with the 
local electricity supplier; 
‘‘(iii) 
workforce 
development 
and 
training; and 
‘‘(iv) any other information that, in 
the judgment of the Administrator, is rel-
evant to transitioning to and deploying 
clean school buses; 
‘‘(E) make available the information pro-
vided by the Secretary pursuant to subsection 
(d); 
‘‘(F) in consultation with the Secretary, 
make information available about how clean 
school buses can be part of building community 
resilience to the effects of climate change; and 
‘‘(G) include, as appropriate, information 
from the annual report required under sub-
section (g). 
‘‘(d) DOE ASSISTANCE.— 
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‘‘(1) INFORMATION
GATHERING.—The Sec-
retary shall gather, and not less than annually share 
with the Administrator, information regarding— 
‘‘(A) vehicle-to-grid technology, including 
best practices and use-case scenarios; 
‘‘(B) the use of clean school buses for com-
munity resilience; and 
‘‘(C) technical aspects of clean school bus 
management and deployment. 
‘‘(2) TECHNICAL ASSISTANCE.—The Secretary 
shall, in response to a request from the Adminis-
trator, or from an applicant for or recipient of an 
award under this section, provide technical assist-
ance in the development of an application for or the 
use of award funds. 
‘‘(e) ADMINISTRATIVE COSTS.—The Administrator 
may use, for the administrative costs of carrying out this 
section, not more than two percent of the amounts made 
available to carry out this section for any fiscal year. 
‘‘(f) ANNUAL REPORT.—Not later than January 31 
of each year, the Administrator shall submit to Congress 
a report that— 
‘‘(1) evaluates the implementation of this sec-
tion; 
‘‘(2) describes— 
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‘‘(A) the total number of applications re-
ceived for awards under this section; 
‘‘(B) the number of clean school buses re-
quested in such applications; 
‘‘(C) the awards made under this section 
and the criteria used to select the award recipi-
ents; 
‘‘(D) the awards made under this section 
for charging and fueling infrastructure; 
‘‘(E) ongoing compliance with the commit-
ments made by manufacturers on the list main-
tained by the Administrator under subsection 
(b)(3); 
‘‘(F) the estimated effect of the awards 
under this section on emission of air pollutants, 
including greenhouse gases; and 
‘‘(G) any other information the Adminis-
trator considers appropriate; and 
‘‘(3) describes any waiver granted under sub-
section (b)(5)(B) during the preceding year. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to the Administrator to carry out this 
section, 
to 
remain 
available 
until 
expended, 
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$2,500,000,000 for each of fiscal years 2022 
through 2031. 
‘‘(2) ALLOCATION.—Of the amount authorized 
to be appropriated for carrying out this section for 
each fiscal year, no less than $1,000,000,000 shall 
be used for awards under this section to eligible re-
cipients proposing to replace school buses to serve a 
community of color, indigenous community, low-in-
come community, or any community located in an 
air quality area designated pursuant to section 107 
of the Clean Air Act (42 U.S.C. 7407) as nonattain-
ment.’’. 
(b) TECHNICAL AMENDMENT TO STRIKE REDUN-
DANT AUTHORIZATION.—The Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users 
(commonly referred to as ‘‘SAFETEA–LU’’) is amend-
ed— 
(1) by striking section 6015 (42 U.S.C. 
16091a); and 
(2) in the table of contents in section 1(b) of 
such Act, by striking the item relating to section 
6015. 
Æ 
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