S.J.Res. 38 passed both chambers and was vetoed on Jan 24, 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. 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.