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The Biden administration announced Friday that it would waive the “Buy America” requirements as it pushes for the rapid development of a nationwide network of electric vehicle chargers, just days after it began building a “reliable, in America-made” infrastructure had boasted.
The decision will allow the grid to be built using non-US-made chargers, though as recently as President Biden boasted in his State of the Union address that he was pushing for new standards that require “all building materials” for infrastructure projects would be made in the USA
“Made in America,” Biden said in his Feb. 7 State of the Union address. “I’m serious.”
On Wednesday, the Department of Transportation’s Federal Highway Administration (FHWA) announced plans to install a network of 500,000 electric vehicle chargers by 2030 to support the goal of getting more electric cars on the road. FHWA’s announcement promised to “electrify the great American road trip” by providing “a convenient, reliable, and Made-in-America electric vehicle (EV) charging network.”
Thanks to the Infrastructure Investment and Jobs Act, which President Biden signed in 2021, billions are available to the administration for the public works project.
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Thanks to the Infrastructure Investment and Jobs Act, which President Biden signed in 2021, billions are available to the administration for the public works project. (AP Newsroom / AP Newsroom)
But on Friday, the FHWA released an ordinance that waives the current “Buy America” rules and allows the use of EV chargers that aren’t made in America. FHWA said that while the Infrastructure Act includes a “Buy America” requirement, it also includes a waiver of those rules.
The FHWA said a “public interest” waiver was required in this case, as not granting it would slow the process of installing EV chargers across the country – suggesting the government is prioritizing speed over using indigenous materials .
In response to arguments by US steel companies, trade associations and steelworkers’ unions opposing the waiver, the FHWA said that not granting a waiver “would jeopardize the ability to complete these infrastructure projects on time.”
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An agency at the Department of Transportation led by Secretary Pete Buttigieg will allow the use of EV chargers outside the US in a massive expansion of EV infrastructure. (AP Photo/Manuel Balce Ceneta, file. / AP Images)
The agency also dismissed arguments that it was violating Congress’ intent by allowing EV chargers to be used outside the US, insisting that the waiver “would encourage domestic industry to continue production of EV chargers.” to increase”.
“This waiver is issued on the basis of its consistency with the public interest,” the FHWA said, adding that adhering to the requirements of the Domestic Content Act would be “inconsistent with the public interest.”
Under the exemption, non-US made electric vehicle chargers can be used to support the government’s goal of installing 500,000 chargers by 2030 if assembled in the United States. This is allowed for more than a year – starting when the regulation comes into force next month until June 30, 2024.
After that, EV chargers are still allowed if they are assembled in the US and if at least 55% of the components used in EV chargers are made in the US
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President Joe Biden speaks after driving the Jeep Wrangler 4xe Rubicon on the South Lawn of the White House in Washington Thursday, August 5, 2021 during an event on clean cars and trucks. (AP Photo/Susan Walsh/AP Newsroom)
FHWA said the second phase of the Buy America waiver will remain in place for five years, but also said it has the right to end it earlier if it chooses.
The waiver goes against President Biden’s stated intent and various legislation typically supported by Democrats. In 2021, Biden issued an executive order entitled “Ensuring the Future Across America is Made by All of America’s Workers.”
The pre-existing law already included a “Buy America” requirement for FHWA, and similar language was included in the infrastructure bill that Congressional Democrats pushed for and that Biden signed into law in 2021.
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Companies and groups opposing the waiver included Nucor Corp., the Steel Manufacturers Association, United Steelworkers, the American Iron and Steel Institute, the Alliance for American Manufacturing, and the AFL-CIO.