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".
Sponsored by Marco Rubio
Failed of passage in Senate over veto by Yea-Nay Vote. 50 - 47. Record Vote Number: 61.
Feb 29, 2024
This joint resolution nullifies a February 21, 2023 Federal Highway Administration rule that temporarily waived Buy America requirements for certain electric vehicle charger components and materials. The waiver had applied to EV chargers manufactured between its effective date and June 30, 2024, provided final assembly occurred in the United States and installation began by October 1, 2024. Steel and iron charger housing components remained subject to Buy America requirements under the original waiver. Beginning July 1, 2024, the waiver was scheduled to phase out for chargers where U.S. manufactured components comprised less than 55% of total component costs, in accordance with the Infrastructure Investment and Jobs Act requirement.
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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.