The Trump administration is breaking the law by withholding funds appropriated by Congress for a national electric vehicle (EV) charging network, a government watchdog says.
The Bipartisan Infrastructure Law allocated $5 billion for the National Electric Vehicle Infrastructure (NEVI) program, which set out to help build a national network of EV chargers.
In February, the Department of Transportation (DOT) said it would rescind all guidance related to the program and that “no new obligations may occur” under the existing program until it issues updated guidance.
A lawsuit over the matter from several states alleges that the department is withholding a total of $2.74 billion in funding.
The Government Accountability Office (GAO) a nonpartisan congressional watchdog, this week agreed, saying the Trump administration’s move violates the Impoundment Control Act.
“DOT is not authorized … to withhold these funds from expenditure and must continue to carry out the statutory requirements of the program,” the watchdog said.
“If DOT wishes to make changes to the obligation and expenditure of funds appropriated under the NEVI Formula Program, it must propose funds for rescission or otherwise propose legislation to make changes to the law for consideration by Congress,” the GAO continued.
A spokesperson for the Transportation Department said in an email that the watchdog’s report “shows a complete misunderstanding of the law.”
“Their conclusion conflicts with Congress’ intent, and completely misunderstands the Federal-aid highway program and how Congress structured the NEVI program,” the department said. “In cherry-picking language in the program statute, GAO’s assessment is also at odds with its own reports on how Federal-aid Highway programs similar to NEVI receive and use appropriated funds.”
The spokesperson added that the department was reviewing and updating the program guidance “because the implementation of NEVI has failed miserably, and DOT will continue to work in good faith to update the program so it can be utilized more efficiently and effectively.”
While the finding only applies to the EV program, that is just one of many undergoing a funding freeze or cancellation instituted by the Trump administration.
Senate Democrats estimate that the administration is blocking a total of $430 billion.
“This legal decision affirms what we’ve long known: the President is breaking the law to block funding Congress passed on a bipartisan basis and that is owed to the American people — simply because he disagrees with it. This plain fact is unacceptable — and it cannot stand any longer,” Sen. Patty Murray (D-Wash.) said in a statement.
“These bipartisan investments need to start flowing immediately — as do the hundreds of billions of dollars in other investments President Trump is holding up. I don’t care about Russ Vought’s personal interpretation of our spending laws; the Constitution is clear, and President Trump simply does not have the power of the purse — Congress does,” Murray added, referring to the director of the White House Office of Management and Budget.
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