[Senate Document 118-10]
[From the U.S. Government Publishing Office]




118th Congress, 2d Session - - - - - - - - - Senate Document 118-10
 
                         VETO--S. J. RES. 38

                                (PM 35)

                               __________

                                MESSAGE

                                  from

                     THE PRESIDENT OF THE UNITED STATES

                               returning

   WITHOUT MY APPROVAL S. J. RES. 38, A JOINT RESOLUTION THAT WOULD 
DISAPPROVE UNDER CHAPTER 8 OF TITLE 5, UNITED STATES CODE, AN ACTION BY 
THE FEDERAL HIGHWAY ADMINISTRATION RELATING TO ``WAIVER OF BUY AMERICA 
              REQUIREMENTS FOR ELECTRIC VEHICLE CHARGERS''








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                January 24, 2024.--Ordered to be printed 
                
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                 U.S. GOVERNMENT PUBLISHING OFFICE
                 
54-655                   WASHINGTON : 2024
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
                
To the Senate of the United States:
    I am returning herewith without my approval S. J. Res. 38, 
a resolution that would disapprove under chapter 8 of title 5, 
United States Code, an action by the Federal Highway 
Administration (FHWA) relating to ``Waiver of Buy America 
Requirements for Electric Vehicle Chargers.''
    This resolution would eliminate the domestic manufacturing 
standards for electric vehicle (EV) chargers funded by the 
FHWA, thereby harming domestic manufacturing and American jobs. 
If enacted, it would weaken Buy America requirements by 
reverting to FHWA's general waiver for manufactured products, 
allowing Federal dollars--including $7.5 billion from the 
Bipartisan Infrastructure Law--to be spent on chargers made in 
competitor nations like the People's Republic of China. 
Additionally, if enacted, this resolution would undermine the 
hundreds of millions of dollars that the private sector has 
already invested in domestic EV charging manufacturing, and 
chill further domestic investment in this critical market.
    Finally, if enacted, this resolution would undermine 
efforts to ensure that the national network of EV chargers, 
being funded with Federal dollars, must be manufactured in the 
United States. Specifically, in 2023, my Administration issued 
a new policy for EV chargers that restores Buy America 
protections that are consistent with the Build America, Buy 
America Act (BABA) standards included in the Bipartisan 
Infrastructure Law. This policy immediately required that EV 
chargers purchased through FHWA grants be manufactured in the 
United States and that EV charger housing comprised of iron and 
steel must use iron and steel produced in the United States. 
Based on information gathered through public outreach, the 
policy phases in full Buy America coverage by requiring full 
BABA compliance starting on July 1 of this year. These actions 
ensure that Federal dollars for EV chargers are used to 
purchase American-made products, while allowing newly announced 
manufacturing capacity for EV charger components the necessary 
time to ramp up production.
    If enacted, this resolution would harm my Administration's 
efforts to encourage investment in critical industries and 
bring high-quality jobs back to the United States. It would not 
only thwart the collective goal of the Congress and the 
Administration to establish a domestic EV charger manufacturing 
industry, but it would also delay the significant progress 
being made by my Administration and the States in establishing 
the EV charging network. Establishing resilient supply chains 
is critical to our national economic and energy security, and 
my Administration will not support policies that would 
undermine efforts to bring this critical manufacturing back to 
the United States.
    Therefore, I am vetoing this resolution.

                                               Joseph R. Biden, Jr.
    The White House, January 24, 2024.

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