S.J.Res. 38 · 118th Congress · Senate

A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Highway Administration relating to "Waiver of Buy America Requirements for Electric Vehicle Chargers".

Enacted· Failed of passage in Senate over veto by Yea-Nay Vote. 50 - 47. Record Vote Number: 61.
Introduced
Jul 26, 23
Passed Senate
Nov 8, 23
Passed House
Jan 11, 24
Sent to President
Jan 18, 24
Signed into Law
Jan 24, 24

Executive Summary

This joint resolution nullifies the final rule issued by the Federal Highway Administration (FHWA) titled Waiver of Buy America Requirements for Electric Vehicle Chargers and published on February 21, 2023. The rule temporarily waives the Buy America requirements for steel, iron, manufactured products, and construction materials in electric vehicle (EV) chargers.

FHWA defines an EV charger to mean the EV charger unit itself and the equipment contained inside it. EV charger housing components that are predominantly steel and iron are excluded from the waiver and must meet current FHWA Buy America requirements.

The FHWA final rule waives Buy America requirements for all EV chargers and components that are manufactured from the effective date of this waiver until June 30, 2024. Further, the final assembly must occur in the United States, and the installation must begin by October 1, 2024.

Beginning with EV chargers manufactured on July 1, 2024, the FHWA phases out waiver coverage for those previously covered EV chargers where the cost of U.S. manufactured components does not exceed 55% of the total components cost. (Under the Infrastructure Investment and Jobs Act, more than 55% of the components of manufactured goods must be obtained from U.S. manufacturers and sources.)

This waiver remains in place until terminated by the FHWA.

Previous Versions

55Nov 8, 2023

This joint resolution nullifies the final rule issued by the Federal Highway Administration (FHWA) titled Waiver of Buy America Requirements for Electric Vehicle Chargers and published on February 21, 2023. The rule temporarily waives the Buy America requirements for steel, iron, manufactured products, and construction materials in electric vehicle (EV) chargers.

FHWA defines an EV charger to mean the EV charger unit itself and the equipment contained inside it. EV charger housing components that are predominantly steel and iron are excluded from the waiver and must meet current FHWA Buy America requirements.

The FHWA final rule waives Buy America requirements for all EV chargers and components that are manufactured from the effective date of this waiver until June 30, 2024. Further, the final assembly must occur in the United States, and the installation must begin by October 1, 2024.

Beginning with EV chargers manufactured on July 1, 2024, the FHWA phases out waiver coverage for those previously covered EV chargers where the cost of U.S. manufactured components does not exceed 55% of the total components cost. (Under the Infrastructure Investment and Jobs Act, more than 55% of the components of manufactured goods must be obtained from U.S. manufacturers and sources.)

This waiver remains in place until terminated by the FHWA.

00Jul 26, 2023

This joint resolution nullifies the final rule issued by the Federal Highway Administration (FHWA) titled Waiver of Buy America Requirements for Electric Vehicle Chargers and published on February 21, 2023. The rule temporarily waives the Buy America requirements for steel, iron, manufactured products, and construction materials in electric vehicle (EV) chargers.

FHWA defines an EV charger to mean the EV charger unit itself and the equipment contained inside it. EV charger housing components that are predominantly steel and iron are excluded from the waiver and must meet current FHWA Buy America requirements.

The FHWA final rule waives Buy America requirements for all EV chargers and components that are manufactured from the effective date of this waiver until June 30, 2024. Further, the final assembly must occur in the United States and the installation must begin by October 1, 2024.

Beginning with EV chargers manufactured on July 1, 2024, the FHWA phases out waiver coverage for those previously covered EV chargers where the cost of U.S. manufactured components does not exceed 55% of the total components cost. (Under the Infrastructure Investment and Jobs Act, more than 55% of the components of manufactured goods must be obtained from U.S. manufacturers and sources.)

This waiver remains in place until terminated by the FHWA.

Action Timeline

30
  1. FEB 29, 2024Veto

    Veto Message considered in Senate

    (consideration: CR S1057-1058)

    1057Yea
    1058Nay
    0NV
  2. FEB 29, 2024Veto

    Failed of passage in Senate over veto

    Failed of passage in Senate over veto by Yea-Nay Vote. 50 - 47. Record Vote Number: 61.

    50Yea
    47Nay
    0NV
  3. FEB 29, 2024Veto

    Failed of passage in Senate over veto by Yea-Nay Vote

    50 - 47. Record Vote Number: 61.

    50Yea
    47Nay
    0NV
  4. JAN 24, 2024President

    Vetoed by President.

  5. JAN 24, 2024President

    Vetoed by President.

  6. JAN 24, 2024Veto

    Veto message received in Senate

    Ordered held at the desk.

  7. JAN 18, 2024President

    Presented to President.

  8. JAN 18, 2024Floor

    Presented to President.

  9. JAN 11, 2024Floor

    Rule H

    Res. 947 passed House.

  10. JAN 11, 2024Floor

    Considered under the provisions of rule H

    Res. 947. (consideration: CR H77-82)

    77Yea
    82Nay
    0NV
  11. JAN 11, 2024Floor

    Rule provides for consideration of H.R

    788, H.J. Res. 98 and S.J. Res. 38. The resolution provides for consideration of H.R. 788 under a structured rule, with one hour of general debate. The resolution provides for consideration of H.J. Res. 98 and S.J. Res. 38 under a closed rule, with one hour of general debate on each joint resolution. Also, the resolution provides for a motion to recommit on H.R. 788 and H.J. Res. 98. A motion to commit on S.J. Res. 38.

  12. JAN 11, 2024Floor

    DEBATE - The House proceeded with one hour of debate on S.J. Res. 38.

  13. JAN 11, 2024Floor

    The previous question was ordered pursuant to the rule.

  14. JAN 11, 2024Floor

    POSTPONED PROCEEDINGS - At the conclusion of debate on S.J

    Res. 38, the Chair put the question on passage of the joint resolution and by voice vote announced that the ayes had prevailed. Mr. Graves (MO) demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.

  15. JAN 11, 2024Floor

    Considered as unfinished business

    (consideration: CR H84-85)

    84Yea
    85Nay
    0NV
  16. JAN 11, 2024Floor

    Passed/agreed to in House

    Roll Call #8

    On passage Passed by the Yeas and Nays: 209 - 198 (Roll no. 8). (text: CR H77)

    209Yea
    198Nay
    0NV
  17. JAN 11, 2024Floor

    On passage Passed by the Yeas and Nays

    Roll Call #8

    209 - 198 (Roll no. 8). (text: CR H77)

    209Yea
    198Nay
    0NV
  18. JAN 11, 2024Floor

    Motion to reconsider laid on the table Agreed to without objection.

  19. JAN 09, 2024Floor

    Rules Committee Resolution H

    Res. 947 Reported to House. Rule provides for consideration of H.R. 788, H.J. Res. 98 and S.J. Res. 38. The resolution provides for consideration of H.R. 788 under a structured rule, with one hour of general debate. The resolution provides for consideration of H.J. Res. 98 and S.J. Res. 38 under a closed rule, with one hour of general debate on each joint resolution. Also, the resolution provides for a motion to recommit on H.R. 788 and H.J. Res. 98. A motion to commit on S.J. Res. 38.

  20. NOV 13, 2023Floor

    Received in the House.

  21. NOV 13, 2023Floor

    Held at the desk.

  22. NOV 09, 2023Floor

    Message on Senate action sent to the House.

  23. NOV 08, 2023Floor

    Passed/agreed to in Senate

    Passed Senate without amendment by Yea-Nay Vote. 50 - 48. Record Vote Number: 303.(consideration: CR S5416-5418, S5421-5422; text: CR S5422)

    50Yea
    48Nay
    0NV
  24. NOV 08, 2023Floor

    Passed Senate without amendment by Yea-Nay Vote. 50 - 48. Record Vote Number

    303. (consideration: CR S5416-5418, S5421-5422; text: CR S5422)

    50Yea
    48Nay
    0NV
  25. NOV 07, 2023Committee

    Senate Committee on Environment and Public Works discharged, by petition, pursuant to 5 U.S.C. 802(c).

  26. NOV 07, 2023Discharge

    Senate Committee on Environment and Public Works discharged, by petition, pursuant to 5 U.S.C. 802(c).

  27. NOV 07, 2023Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 238.

  28. SEP 26, 2023Floor

    Star Print ordered on the joint resolution.

  29. JUL 26, 2023IntroReferral

    Introduced in Senate

  30. JUL 26, 2023IntroReferral

    Read twice and referred to the Committee on Environment and Public Works.

Committees

2

Environment and Public Works Committee

ssev00

Referred: Nov 7, 2023

Active

Environment and Public Works Committee

ssev00

Referred: Jul 26, 2023

Active