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".

Bill: 118-sjres-38
Sponsor: Sen. Rubio, Marco [R-FL]
Introduced: 2023-07-26 in the Senate
Policy area: Transportation and Public Works
Subjects: Administrative law and regulatory procedures
Buy American requirements
Congressional oversight
Department of Transportation
Hybrid, electric, and advanced technology vehicles
Manufacturing
Motor vehicles

Summary:
action_date: 2023-07-26
text: 
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_date: 2023-11-08
text: 
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_date: 2024-01-11
text: 
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.


Legislative actions:
action_date: 2024-02-29
text: Failed of passage in Senate over veto by Yea-Nay Vote. 50 - 47. Record Vote Number: 61.
action_date: 2024-02-29
text: Failed of passage in Senate over veto: Failed of passage in Senate over veto by Yea-Nay Vote. 50 - 47. Record Vote Number: 61.
action_date: 2024-02-29
text: Veto Message considered in Senate. (consideration: CR S1057-1058)
action_date: 2024-01-24
text: Veto message received in Senate. Ordered held at the desk.
action_date: 2024-01-24
text: Vetoed by President.
action_date: 2024-01-24
text: Vetoed by President.
action_date: 2024-01-18
text: Presented to President.
action_date: 2024-01-18
text: Presented to President.
action_date: 2024-01-11
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2024-01-11
text: On passage Passed by the Yeas and Nays: 209 - 198 (Roll no. 8). (text: CR H77)
action_date: 2024-01-11
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 209 - 198 (Roll no. 8). (text: CR H77)
action_date: 2024-01-11
text: Considered as unfinished business. (consideration: CR H84-85)
action_date: 2024-01-11
text: 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.
action_date: 2024-01-11
text: The previous question was ordered pursuant to the rule.
action_date: 2024-01-11
text: DEBATE - The House proceeded with one hour of debate on S.J. Res. 38.
action_date: 2024-01-11
text: 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.
action_date: 2024-01-11
text: Considered under the provisions of rule H. Res. 947. (consideration: CR H77-82)
action_date: 2024-01-11
text: Rule H. Res. 947 passed House.
action_date: 2024-01-09
text: 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.
action_date: 2023-11-13
text: Held at the desk.
action_date: 2023-11-13
text: Received in the House.
action_date: 2023-11-09
text: Message on Senate action sent to the House.
action_date: 2023-11-08
text: Passed Senate without amendment by Yea-Nay Vote. 50 - 48. Record Vote Number: 303. (consideration: CR S5416-5418, S5421-5422; text: CR S5422)
action_date: 2023-11-08
text: 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)
action_date: 2023-11-07
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 238.
action_date: 2023-11-07
text: Senate Committee on Environment and Public Works discharged, by petition, pursuant to 5 U.S.C. 802(c).
action_date: 2023-11-07
text: Senate Committee on Environment and Public Works discharged, by petition, pursuant to 5 U.S.C. 802(c).
action_date: 2023-09-26
text: Star Print ordered on the joint resolution.
action_date: 2023-07-26
text: Read twice and referred to the Committee on Environment and Public Works.
action_date: 2023-07-26
text: Introduced in Senate