A ruling by the Biden administration regarding the production of electric vehicle chargers made from domestic materials is at risk following the Senate’s decision to repeal it on Wednesday.
The 2021 Bipartisan Infrastructure Law allocated $7.5 billion for EV chargers, a crucial element of President Biden’s plan to address climate change by transitioning from gas-powered cars to electric vehicles.
However, some critics argue that the administration’s action would increase U.S. dependency on China for supplies like steel and iron by temporarily waiving “Buy America” rules, which require government-funded chargers to be made with domestic materials.
The Democratic-controlled Senate voted 50-48 in favor of the GOP-led legislation to overturn the administration’s move. The resolution required a simple majority to pass.
Four Senate Democrats, including Jon Tester of Montana, Joe Manchin III of West Virginia, Sherrod Brown of Ohio, and Kyrsten Sinema of Arizona, who caucuses with Democrats despite being an independent, sided with almost all Republicans in the vote.
All of the Democratic defectors are facing reelection next year.
The vote is the latest example of vulnerable Senate Democrats aligning with Republicans to roll back Mr. Biden’s regulatory agenda through privileged resolutions under the Congressional Review Act, which GOP senators have used to force floor votes.
The measure will now advance to the House, where it is expected to be approved by the Republican majority.
President Biden has pledged to issue what would be the ninth veto of his presidency. Congress has not been able to garner the two-thirds majority needed to override any of his previous vetoes.
“It hurts American companies and empowers foreign adversaries, like China, to control our energy infrastructure,” said the measure’s author, Florida Republican Sen. Marco Rubio, earlier this year when he introduced it. “We should never use American dollars to subsidize Chinese-made products.”
Critics of the measure on Capitol Hill and within the administration argue that reversing a waiver from the Federal Highway Administration to suspend domestic sourcing requirements would exacerbate U.S. dependency on China, as it would also repeal long-term domestic sourcing requirements that come into effect next year.
To qualify for government funding, chargers must be made from at least 55% domestic materials and be 100% manufactured in the U.S. These stipulations will not take effect until July 2024, giving manufacturers a transition period.
The funding is part of President Biden’s aim for 500,000 new EV chargers to be installed by 2030, as the U.S. currently lags behind industry requirements.
In a preemptive veto threat, the White House stated that its administration’s actions serve two purposes: “To ensure that federal funds for EV chargers are used to purchase American-made products, while allowing newly announced manufacturing capacity for EV charger components the necessary time to ramp up production.”
