Energy & Environment

House fails to override Biden veto maintaining solar tariffs

The House of Representatives fell short of the required two-thirds majority to override President Biden’s veto of a Congressional Review Act (CRA) resolution resuming solar power tariffs.

The chamber on Wednesday voted 214-205 on the reintroduction of the resolution Wednesday afternoon, allowing the presidential veto to stand.

The Commerce Department has ordered a two-year freeze on tariffs for certain solar imports, a move  backed by the solar industry and fiercely opposed by China hawks and trade protectionists.

The House voted 221-202 on April 28 to repeal the rule through the CRA, with 12 Democrats joining all but 8 Republicans. Days later, the resolution cleared the Senate in a 56-41 vote.

Biden vetoed the measure on May 16, calling the tariff freeze necessary to achieve the renewable energy goals of the Inflation Reduction Act.


“Given the progress we are making on American solar, I do not intend to extend the tariff suspension at the conclusion of the 2-year period in June 2024,” Biden said last week in the veto announcement. “Passage of this resolution bets against American innovation.”

The resolution’s House sponsors indicated last week they would attempt to override the veto.

“Congress passed this bipartisan resolution with strong support from Republicans and Democrats,” Rep. Dan Kildee (D-Mich.) said following the veto. “Now that the president has vetoed this bill, Congress should once again vote to override today’s veto without delay.”

Democratic Reps. Henry Cuellar (Texas), Jared Golden (Maine), Vicente Gonzalez (Texas) and Mary Peltola (Alaska) joined every Republican but Rep. Brian Fitzpatrick (R-Pa.) in voting for the resolution.

The CRA allows a simple majority in both houses of Congress to repeal a rule made by the executive branch.

Congress has used the law on several occasions against energy and environment-related Biden administration rules, including most recently a 221-203 vote Tuesday to overturn a Biden administration rule aimed at cutting pollution from heavy-duty trucks.