The House has passed a resolution aimed at overturning a Biden administration rule designed to facilitate the expansion of electric vehicle (EV) charging stations. The resolution, S. J. Res. 38, introduced by Sen. Marco Rubio (R-Fla.), seeks to eliminate a Federal Highway Administration waiver from domestic sourcing requirements for EV chargers funded by the 2021 bipartisan infrastructure law. The resolution, passing with bipartisan support at 209-198, is expected to face a presidential veto.
Rubio argues that the waiver undermines domestic investments and risks empowering foreign nations, emphasizing the importance of compliance with Buy America requirements, particularly if there is a massive transition to EVs. The resolution passed under the Congressional Review Act, allowing Congress to overturn administration rules, even though President Biden’s veto is likely to stand.
Critics, including Democrats and the White House, assert that the resolution is poorly worded and could result in fewer American-made charging stations. They argue that scrapping the temporary Buy America waiver for charger parts might also eliminate other domestic sourcing mandates. The White House contends that if enacted, the resolution would weaken Buy America requirements, allowing federal dollars to be spent on chargers made in competitor nations like China.
While lawmakers are likely to vote again to override Biden’s veto, success for Rubio and his allies seems improbable, as a two-thirds majority is required in each chamber. The resolution is part of a broader effort to challenge the Biden administration’s push for an EV transition and could impact the president’s goal of having 50% of all new vehicle sales be electric by 2030.
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