The United States House of Representatives plans to vote this week on a resolution that would nullify a rule - finalized by the Federal Highway Administration - that would temporarily waive certain domestic content requirements for electric vehicle (EV) chargers funded through the Infrastructure Investment and Jobs Act of 2021 (IIJA). The IIJA provides $7.5 billion for EV charging infrastructure.

Most Republican members of congress support S.J. Res. 38 because a waiver would prolong the U.S.'s EV supply chain reliance on China, they argue. On the other hand, most Democrats argue that eliminating the waiver would actually increase China's footprint by also taking away other domestic sourcing requirements for EV chargers, therefore making it easier to spend taxpayer dollars on Chinese companies.

The U.S. Senate passed S.J. Res. 38 in November with 50 in favor and 48 against. Four Democrats voted in favor and one Republican voted against. President Biden has vowed to veto the resolution if the House sends it to his desk, as is expected.

Click here to read S.J. Res. 38 in its entirety. 

UPDATED JAN. 24, 2024:

President Biden vetoed S.J. Res. 38 after it passed the U.S. House of Representatives with 209 votes in favor and 198 votes against. Two Democrats joined most Republicans in voting yes, while two Republicans joined most Democrats in voting no.

Congress can override the President's veto with a 2/3 majority vote in both the Senate and House, but there aren't likely enough votes in either chamber to override the veto.