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".

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.

Bill 118 SJRes 38 is a joint resolution that seeks to disapprove of a rule submitted by the Federal Highway Administration regarding the waiver of Buy America requirements for electric vehicle chargers. The Buy America requirements mandate that certain products used in federally funded projects must be made in the United States. The rule in question would allow for waivers of these requirements specifically for electric vehicle chargers.

The resolution falls under chapter 8 of title 5 of the United States Code, which outlines the process for congressional disapproval of agency rules. If passed, this resolution would effectively nullify the rule submitted by the Federal Highway Administration.

Supporters of the resolution argue that the Buy America requirements are important for supporting American manufacturing and jobs. They believe that waivers for electric vehicle chargers could harm domestic producers and workers. On the other hand, opponents of the resolution may argue that waivers are necessary to promote the adoption of electric vehicles and support the growth of the industry. Overall, Bill 118 SJRes 38 is a significant piece of legislation that addresses the balance between promoting American manufacturing and supporting the development of new technologies like electric vehicles. It will be important to monitor the progress of this resolution and the potential impacts it could have on the electric vehicle industry and domestic manufacturing.