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118th Congress Transportation and Public Works

S.J.Res. 38: Disapproval of Federal Highway Administration rule: Waiver of Buy America Requirements for Electric Vehicle Chargers

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".

VetoedJan 24, 2024

  1. Introduced (completed)Jul 26, 2023
  2. Passed Senate (completed)Nov 8, 2023, 50–48
  3. Passed House (completed)Jan 11, 2024, 209–198
  4. To the President (completed)Jan 18, 2024
  5. Vetoed (completed)Jan 24, 2024
  6. Overridden (not reached)
  7. Became law (not reached)

Summary

Passed House, Jan 11, 2024

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.

Read the full summary

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.

Written by the Congressional Research Service, Library of Congress.

Key votes

House final vote, Jan 11, 2024

On Passage

Passed 209–198

Yea 209majority 204Nay 198

  • Democrats2 yea, 196 nay
  • Republicans206 yea, 2 nay
  • Independents1 yea, 0 nay

Broke with their party: Tom McClintock (R-CA) and Brian Fitzpatrick (R-PA) voted Nay; Jared Golden (D-ME) and Donald Davis (D-NC) voted Yea

See how all 407 members voted

Showing 433 of 433 members

Yea 209

Republicans (206)

Democrats (2) broke with their party

Independents (1)

Nay 198

Republicans (2) broke with their party

Democrats (196)

Not voting 26

Senate veto override, Feb 29, 2024

On Overriding the Veto

Failed 50–47

Yea 50two-thirds 65Nay 47

  • Democrats2 yea, 45 nay
  • Republicans46 yea, 1 nay
  • Independents2 yea, 1 nay

Broke with their party: Jon Tester (D-MT), Kyrsten Sinema (I-AZ), Joe Manchin (I-WV) and Sherrod Brown (D-OH) voted Yea; Rand Paul (R-KY) voted Nay

See how all 97 members voted

Showing 100 of 100 members

Yea 50

Democrats (2) broke with their party

Independents (2) broke with their party

Nay 47

Republicans (1) broke with their party

Independents (1)

Not voting 3

Republicans (2)

Independents (1)

Roll calls

3 votes on this bill

Showing 3 of 3 roll calls

  • Feb 29, 2024SenateOn Overriding the VetoFinal passageVeto overrideFailed, yea-nay 50–47
    Roll call 61 tally by party
    PartyYeaNayPresentNot voting
    Democrats24500
    Republicans46102
    Independents2101
    Total504703

    Senate roll call 61: On Overriding the Veto. Veto Sustained.

    5 crossed party lines: 2 Democrats, 1 Republican, 2 Independents

    How each member voted (100)
  • Jan 11, 2024HouseOn PassageFinal passagePassed, yea-nay 209–198
    Roll call 8 tally by party
    PartyYeaNayPresentNot voting
    Democrats2196015
    Republicans2062011
    Independents1000
    Total209198026

    House roll call 8: On Passage. Passed.

    4 crossed party lines: 2 Democrats, 2 Republicans

    How each member voted (433)
  • Nov 8, 2023SenateOn the Joint ResolutionPassed, yea-nay 50–48
    Roll call 303 tally by party
    PartyYeaNayPresentNot voting
    Democrats24500
    Republicans46102
    Independents2200
    Total504802

    Senate roll call 303: On the Joint Resolution. Joint Resolution Passed.

    5 crossed party lines: 2 Democrats, 1 Republican, 2 Independents

    How each member voted (100)

Amendments

0 offered

No amendments were offered to this bill.

Cosponsors

6

Who scored on this bill

602 points earned
  1. 1Marco Rubio R-FL SponsorIntroduced, discharged, passed Senate, passed House, vetoed; 1 veto override vote6 events+110
  2. 2Sherrod Brown D-OH2 maverick votes; 1 veto override vote3 events+16
  3. 2Joe Manchin I-WV2 maverick votes; 1 veto override vote3 events+16
  4. 2Rand Paul R-KY2 maverick votes; 1 veto override vote3 events+16
  5. 2Kyrsten Sinema I-AZ2 maverick votes; 1 veto override vote3 events+16
See all scorers and every scoring event

Introductions and cosponsorships count toward weekly caps and show no points.

Other bills by Marco Rubio

History

  1. Jan 24, 2024Vetoed by the President.
  2. Jan 18, 2024Presented to the President.
  3. Jan 11, 2024Passed the House, 209–198.
  4. Nov 8, 2023Passed the Senate, 50–48.
  5. Jul 26, 2023Introduced in the Senate by Marco Rubio.
Show the full action history (27 actions)
  1. Feb 29, 2024Veto Message considered in Senate. (consideration: CR S1057-1058)
  2. Feb 29, 2024Failed of passage in Senate over veto: Failed of passage in Senate over veto by Yea-Nay Vote. 50 - 47. Record Vote Number: 61.
  3. Feb 29, 2024Failed of passage in Senate over veto by Yea-Nay Vote. 50 - 47. Record Vote Number: 61.
  4. Jan 24, 2024Vetoed by President.
  5. Jan 24, 2024Veto message received in Senate. Ordered held at the desk.
  6. Jan 18, 2024Presented to President.
  7. Jan 11, 2024Rule H. Res. 947 passed House.
  8. Jan 11, 2024Considered under the provisions of rule H. Res. 947. (consideration: CR H77-82)
  9. Jan 11, 2024Rule 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.
  10. Jan 11, 2024DEBATE - The House proceeded with one hour of debate on S.J. Res. 38.
  11. Jan 11, 2024The previous question was ordered pursuant to the rule.
  12. Jan 11, 2024POSTPONED 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.
  13. Jan 11, 2024Considered as unfinished business. (consideration: CR H84-85)
  14. Jan 11, 2024Passed/agreed to in House: On passage Passed by the Yeas and Nays: 209 - 198 (Roll no. 8). (text: CR H77)
  15. Jan 11, 2024On passage Passed by the Yeas and Nays: 209 - 198 (Roll no. 8). (text: CR H77)
  16. Jan 11, 2024Motion to reconsider laid on the table Agreed to without objection.
  17. Jan 9, 2024Rules 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.
  18. Nov 13, 2023Received in the House.
  19. Nov 13, 2023Held at the desk.
  20. Nov 9, 2023Message on Senate action sent to the House.
  21. Nov 8, 2023Passed/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)
  22. Nov 8, 2023Passed Senate without amendment by Yea-Nay Vote. 50 - 48. Record Vote Number: 303. (consideration: CR S5416-5418, S5421-5422; text: CR S5422)
  23. Nov 7, 2023Senate Committee on Environment and Public Works discharged, by petition, pursuant to 5 U.S.C. 802(c).
  24. Nov 7, 2023Placed on Senate Legislative Calendar under General Orders. Calendar No. 238.
  25. Sep 26, 2023Star Print ordered on the joint resolution.
  26. Jul 26, 2023Introduced in Senate
  27. Jul 26, 2023Read twice and referred to the Committee on Environment and Public Works.