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".
Where it stands
- Introduced7/26/23
- Passed SenatePassed 11/8/23
- HousePassed 1/11/24
- PresidentVetoed 1/24/24
- Law
Passed the Senate 50–48 on November 8, 2023 (Roll Call 303 →). Passed the House 209–198 on January 11, 2024 (Roll Call 8 →). Vetoed by the President on January 24, 2024. The Senate vote to override the veto failed on February 29, 2024. The Senate vote to override the veto failed on February 29, 2024.
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Roll calls on this bill
- Democratic3 Yea · 45 Nay · 0 Not voting
- Republican46 Yea · 1 Nay · 2 Not voting
- Independent / Other1 Yea · 1 Nay · 1 Not voting
- Democratic2 Yea · 196 Nay · 15 Not voting
- Republican207 Yea · 2 Nay · 11 Not voting
- Independent / Other0 Yea · 0 Nay · 0 Not voting
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.
6
7/26/23
What happens next
Overriding the veto takes a two-thirds vote in both the House and the Senate.
If it isn't enacted by Jan 3, 2025, it expires when the 118th Congress ends.
All actions (27)
- 7/26/23Introduced in Senate
- 7/26/23Read twice and referred to the Committee on Environment and Public Works.
- 9/26/23Star Print ordered on the joint resolution.
- 11/7/23Senate Committee on Environment and Public Works discharged, by petition, pursuant to 5 U.S.C. 802(c).
- 11/7/23Placed on Senate Legislative Calendar under General Orders. Calendar No. 238.
- 11/8/23Passed/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)
- 11/8/23Passed Senate without amendment by Yea-Nay Vote. 50 - 48. Record Vote Number: 303. (consideration: CR S5416-5418, S5421-5422; text: CR S5422)
- 11/9/23Message on Senate action sent to the House.
- 11/13/23Received in the House.
- 11/13/23Held at the desk.
- 1/9/24Rules 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.
- 1/11/24Rule H. Res. 947 passed House.
- 1/11/24Considered under the provisions of rule H. Res. 947. (consideration: CR H77-82)
- 1/11/24Rule 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.
- 1/11/24DEBATE - The House proceeded with one hour of debate on S.J. Res. 38.
- 1/11/24The previous question was ordered pursuant to the rule.
- 1/11/24POSTPONED 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.
- 1/11/24Considered as unfinished business. (consideration: CR H84-85)
- 1/11/24Passed/agreed to in House: On passage Passed by the Yeas and Nays: 209 - 198 (Roll no. 8). (text: CR H77)
- 1/11/24On passage Passed by the Yeas and Nays: 209 - 198 (Roll no. 8). (text: CR H77)
- 1/11/24Motion to reconsider laid on the table Agreed to without objection.
- 1/18/24Presented to President.
- 1/24/24Vetoed by President.
- 1/24/24Veto message received in Senate. Ordered held at the desk.
- 2/29/24Veto Message considered in Senate. (consideration: CR S1057-1058)
- 2/29/24Failed of passage in Senate over veto: Failed of passage in Senate over veto by Yea-Nay Vote. 50 - 47. Record Vote Number: 61.
- 2/29/24Failed of passage in Senate over veto by Yea-Nay Vote. 50 - 47. Record Vote Number: 61.