[Congressional Record Volume 170, Number 13 (Wednesday, January 24, 2024)]
[Senate]
[Pages S252-S253]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          PRESIDENTIAL MESSAGE

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 VETO OF S.J. RES. 38, 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''

  The PRESIDING OFFICER laid before the Senate, pursuant to the 
previous order of January 22, 2024, the following message from the 
President of the United States, which was ordered to be considered as 
having been read, printed in the Record, and spread in full upon the 
Journal, as follows:

To the Senate of the United States:

[[Page S253]]

  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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