The resolution was passed with a 209-198 vote, with two Democrats, Representatives Jared Golden of Maine and Donald Davis of North Carolina, siding with 207 Republicans. Conversely, two Republicans, Representatives Brian Fitzpatrick of Pennsylvania and Tom McClintock of California, voted against the resolution alongside 196 Democrats.
House Republican Chair Elise Stefanik, R-N.Y., expressed her support for the resolution, stating, "I voted to overturn Joe Biden’s pro-Communist China rule that would undermine American businesses that have made significant investments into EV manufacturing." Stefanik further criticized Biden's waiver of the Buy America requirements, arguing that it empowers foreign adversaries like China by directing American taxpayer dollars into foreign markets.
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Stefanik continued her critique of the Biden administration, stating, "Joe Biden and his America Last agenda would sooner invest taxpayer money into Communist Chinese EV chargers than American-made products." She emphasized that the Buy America provision is designed to support American businesses and bolster U.S. manufacturers, neither of which she believes the current administration is interested in.
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This vote follows a similar decision in the Senate two months ago, where the resolution, authored by Senator Marco Rubio, R-Fla., was passed with a 50-48 vote. The resolution will now proceed to President Biden's desk, although the White House has indicated that the president will veto it.
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Rubio's joint resolution seeks to overturn the president's Waiver of Buy America Requirements for Electric Vehicle Chargers. Rubio, along with other Republican lawmakers, argued that the waiver would primarily benefit Chinese manufacturers who dominate the EV charger supply chain.
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In February 2023, the Transportation Department (DOT) introduced the final Made in America EV charger waiver rule. This rule relaxed more stringent requirements and delayed certain deadlines, marking a significant win for green energy industry groups. The waiver governs manufacturing and assembly requirements for EV charging companies to qualify for millions of dollars in federal subsidies.
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The finalized waiver revised a stricter proposal by the DOT in August 2022. The revised waiver reduced the process to two phases and postponed key deadlines. It requires EV charger companies to ensure final assembly of chargers is in the U.S. and that the cost of American-made components in chargers represents 55% of total product costs starting from July 1, 2024.
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Rubio, in a floor speech in November, emphasized the importance of domestic production, stating, "The bottom line is this: if we’re going to spend $5 billion of taxpayer money to build electric vehicle charging stations for the United States, it should be made by Americans in America using American products."
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The DOT's waiver was finalized as part of the Biden administration's push to expand EV manufacturing and the network of chargers nationwide needed to fuel zero-emissions vehicles. Biden has set ambitious goals of constructing an EV charging network of 500,000 chargers along U.S. highways and ensuring 50% of all new car sales are electric by 2030.
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The Infrastructure Investment and Jobs Act, a massive infrastructure package signed by Biden in 2021, allocates $7.5 billion for EV charging programs. Additionally, the 2022 Inflation Reduction Act expands tax credits for EVs and charger installations.
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