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S.J.Res. 38A 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".

3 recorded actions320 of these members are on the 2026 ballotWhat the measure does Read on Congress.gov

Sponsor: Marco Rubio [R-FL]
Cosponsors: 6 · 6 Republicans
Policy area: Transportation and Public Works
Committee: Environment and Public Works Committee
Latest action: Feb 29, 2024 · Failed of passage in Senate over veto by Yea-Nay Vote. 50 - 47. Record Vote Number: 61.

IntroducedJul 26, 2023
Passed the SenateNov 8, 2023
Passed the HouseJan 11, 2024
Sent to the PresidentJan 18, 2024
VetoedJan 24, 2024

What the measure doesCRS 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.

Written by the nonpartisan Congressional Research Service, describing S.J.Res. 38 as passed House on Jan 11, 2024. It is not the text of the measure; a later amendment may have changed what it does.

Roll calls on S.J.Res. 383 roll calls on this measure

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Nov 8, 2023Each bar: ✓ Yea from the bottom, ✕ Nay aboveFeb 29, 2024

How every member votedHouse roll call 8

House Jan 11, 2024 · the primary vote

On Passage

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”

Passed

209 Yea 198 Nay 26 not voting

Party-line vote 4 of 407 voting members broke with their own party: 2 Democrats, 2 Republicans.

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How the chamber split

One dot per member. Select a seat or a bar to filter the list.

DemocratsRepublicansFilled: YeaRing: NayGrey: not voting or present

By party select a segment to filter

All members433 members

Democratic213 members

Republican220 members

marks half of the votes cast. A party’s majority is the side most of its voting members took.

Cosponsors6 · 6 Republicans

Signing on is not a vote: a member can cosponsor S.J.Res. 38 and vote against it. 3 signed when it was filed.

RRick Scott [R-FL]Original

RRoger Marshall [R-KS]Original2026 profile

RKevin Cramer [R-ND]Original

RJosh Hawley [R-MO]Joined Sep 5, 2023

RThom Tillis [R-NC]Joined Oct 3, 2023

RPete Ricketts [R-NE]Joined Oct 30, 20232026 profile

Who lobbied on S.J.Res. 3815 organizations

Organizations that named S.J.Res. 38 in a lobbying disclosure. Only those that cited the bill by number appear, so this is a floor, not a full list.

AMERICAN PUBLIC TRANSPORTATION ASSOCIATION

Transportation · Medicare/Medicaid · Budget/Appropriations · Homeland Security +1 more5 filings · 4th Quarter (Oct 1 - Dec 31) 2024Filing

NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATIONfiled by NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION, FTI GOVERNMENT AFFAIRSIts PAC: National Electrical Manufacturers Association PAC

Budget/Appropriations · Energy/Nuclear · Manufacturing · Health Issues +11 more5 filings · 1st Quarter (Jan 1 - Mar 31) 2024Filing

SIERRA CLUB

Trade (domestic/foreign) · Disaster Planning/Emergencies · Education · Urban Development/Municipalities +13 more4 filings · 4th Quarter (Oct 1 - Dec 31) 2024Filing

ZERO EMISSION TRANSPORTATION ASSOCIATION

Automotive Industry · Clean Air and Water (quality) · Manufacturing · Science/Technology +3 more4 filings · 2nd Quarter (Apr 1 - June 30) 2024Filing

LG ELECTRONICS USA, INC.filed by LAW OFFICES OF KEVIN G. CURTIN

Telecommunications · Manufacturing · Energy/Nuclear · Trade (domestic/foreign)3 filings · 1st Quarter (Jan 1 - Mar 31) 2024Filing

TESLA INCfiled by TESLA INC.

Automotive Industry · Taxation/Internal Revenue Code · Tariff (miscellaneous tariff bills) · Trade (domestic/foreign) +4 more3 filings · 4th Quarter (Oct 1 - Dec 31) 2024Filing

AFL-CIO

Health Issues · Labor Issues/Antitrust/Workplace · Manufacturing · Energy/Nuclear +7 more2 filings · 1st Quarter (Jan 1 - Mar 31) 2024Filing

ALLIANCE FOR AMERICAN MANUFACTURINGfiled by KELLEY DRYE & WARREN LLP

Roads/Highway · Trade (domestic/foreign) · Budget/Appropriations · Transportation2 filings · 1st Quarter (Jan 1 - Mar 31) 2024Filing

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERSIts PAC: International Brotherhood of Electrical Workers PAC

Defense · Trade (domestic/foreign) · Energy/Nuclear · Labor Issues/Antitrust/Workplace +3 more2 filings · 2nd Quarter (Apr 1 - June 30) 2024Filing

SIEMENS CORPORATIONfiled by FIERCE GOVERNMENT RELATIONSIts PAC: Siemens Corp. PAC

Manufacturing2 filings · 1st Quarter (Jan 1 - Mar 31) 2024Filing

39 disclosures name this measure. Retrieved from LDA.gov on 2026-10-04. Senate Office of Public Records cannot vouch for the data or analyses derived from these data after the data have been retrieved from LDA.gov.