SJRES-38 : Still Just a Bill

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

Action DateTypeTextSource
2024-02-29VoteFailed of passage in Senate over veto by Yea-Nay Vote. 50 - 47. Record Vote Number: 61.Senate
2024-02-29VetoVeto Message considered in Senate. (consideration: CR S1057-1058)Senate
2024-01-24VetoVeto message received in Senate. Ordered held at the desk.Senate
2024-01-24PresidentVetoed by President.House floor actions
2024-01-18FloorPresented to President.House floor actions
2024-01-11FloorMotion to reconsider laid on the table Agreed to without objection.House floor actions
2024-01-11VoteOn passage Passed by the Yeas and Nays: 209 - 198 (Roll no. 8). (text: CR H77)House floor actions
2024-01-11FloorConsidered as unfinished business. (consideration: CR H84-85)House floor actions
2024-01-11FloorPOSTPONED 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.House floor actions
2024-01-11FloorThe previous question was ordered pursuant to the rule.House floor actions
2024-01-11FloorDEBATE - The House proceeded with one hour of debate on S.J. Res. 38.House floor actions
2024-01-11FloorRule 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.House floor actions
2024-01-11FloorConsidered under the provisions of rule H. Res. 947. (consideration: CR H77-82)House floor actions
2024-01-11FloorRule H. Res. 947 passed House.House floor actions
2024-01-09FloorRules 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.House floor actions
2023-11-13FloorHeld at the desk.House floor actions
2023-11-13FloorReceived in the House.House floor actions
2023-11-09FloorMessage on Senate action sent to the House.Senate
2023-11-08VotePassed Senate without amendment by Yea-Nay Vote. 50 - 48. Record Vote Number: 303. (consideration: CR S5416-5418, S5421-5422; text: CR S5422)Senate
2023-11-07CalendarsPlaced on Senate Legislative Calendar under General Orders. Calendar No. 238.Senate
2023-11-07DischargeSenate Committee on Environment and Public Works discharged, by petition, pursuant to 5 U.S.C. 802(c).Senate
2023-09-26FloorStar Print ordered on the joint resolution.Senate
2023-07-26IntroReferralRead twice and referred to the Committee on Environment and Public Works.Senate
2023-07-26IntroReferralIntroduced in SenateLibrary of Congress

Policy Area :

Transportation and Public Works
See Subjects
  • Administrative law and regulatory procedures
  • Buy American requirements
  • Congressional oversight
  • Department of Transportation
  • Hybrid, electric, and advanced technology vehicles
  • Manufacturing
  • Motor vehicles

Related Bills

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