MATSUI, SOTO, CASTOR, TONKO, AND COLLEAGUES DEMAND TRUMP ADMINISTRATION RELEASE ELECTRIC VEHICLE INFRASTRUCTURE FUNDING
WASHINGTON, D.C. – Today, Congresswoman Doris Matsui (CA-07) Congressman Darren Soto (FL-09), Congresswoman Kathy Castor (FL-14), and Congressman Paul Tonko (NY-20) led a group of 33 lawmakers in a letter to Secretary of Transportation Sean Duffy and Federal Highway Administration (FHWA) Executive Director Gloria Shepherd, demanding that they immediately release National Electric Vehicle Infrastructure (NEVI) funding, following the Government Accountability Office’s finding that the funding freeze is illegal.
The National Electric Vehicle Infrastructure Program provides funding to states to build a nationwide network of publicly accessible electric vehicle chargers along major highways across the country. Congress authorized $5 billion for the NEVI program through the Bipartisan Infrastructure Law. The program has already had a transformative effect, creating jobs and catalyzing private investment throughout America. However, on February 6, the Trump Administration notified states that they were suspending the program and freezing states’ funding. This has left hundreds of projects and thousands of workers across the country in limbo.
On May 22, the nonpartisan Government Accountability Office (GAO) found that these actions by the Trump Administration violated the Impoundment Control Act by illegally withholding funds that had been authorized by Congress. Despite this clear and unambiguous finding by Congress’s nonpartisan watchdog, the White House’s Office of Management and Budget instructed DOT on Wednesday to disregard the GAO ruling.
In response,the lawmakers wrote, “Congress did not give the Executive Branch the authority to withhold or rescind NEVI funding that has been made available to the states, and Congress clearly did not intend for the Administration to retroactively disapprove or suspend approval of state plans.”
“The Trump Administration’s continued attacks on the U.S. automobile industry are not only unamerican but also illegal,” the lawmakers concluded. “As such, we request that FHWA immediately rescind the memo issued on February 6th and enable states to begin spending NEVI funds without delay.”
Full text of the letter can be found below or HERE.
Dear Secretary Duffy and Director Shepherd,
We write to express our continued alarm and opposition to the Trump Administration’s illegal impoundment of formula funds under the National Electric Vehicle Infrastructure Formula Program (NEVI). The nonpartisan Government Accountability Office (GAO) has confirmed in a recent legal opinion that the Trump Administration’s actions withholding NEVI funding from expenditure violate the Impoundment Control Act, reaffirming what 52 Members of Congress have previously stated: this funding pause is not only harmful but illegal. Contrary to views expressed by the Office of Management and Budget, the Administration’s actions clearly do not align with Congressional intent. The Trump Administration must immediately rescind the February 06, 2025, memorandum issued by the Federal Highway Administration (FHWA), which suspended state electric vehicle infrastructure deployment plans and rescinded related guidance. States must be allowed to spend the funds to which they are legally entitled.
Congress authorized $5 billion for FY22 through FY26 in the Bipartisan Infrastructure Law for states to deploy EV charging infrastructure. Every state, Washington D.C., and Puerto Rico submitted plans in accordance with the statute, and many have awarded contracts and deployed active charging stations. According to the GAO opinion, the $3,270,000,000 made available to states from FY22-FY25 constitutes an obligation and states are entitled to proceed with their programs. Congress did not give the Executive Branch the authority to withhold or rescind NEVI funding that has been made available to the states, and Congress clearly did not intend for the Administration to retroactively disapprove or suspend approval of state plans. The Trump Administration’s actions are therefore plainly counter to Congressional intent and illegal under the Impoundment Control Act.
NEVI is a critical investment in American infrastructure and innovation and is key to the long-term competitiveness of the American automobile industry. It is designed to increase accessibility and address range anxiety for Americans who choose to drive EVs. The program has already catalyzed significant private investment, and over 13,000 potential jobs could be at risk if the Administration does not release the NEVI funding. Continued delay could lead to stranded assets and wasted expenditures. Importantly, a 2024 study by the National Renewable Energy Laboratory projected that the U.S. would need 182,000 publicly accessible direct current fast chargers (DCFC) to accommodate the growing EV market, nearly triple the current capacity of around 55,000 charging ports.
The Trump Administration’s continued attacks on the U.S. automobile industry are not only unamerican but also illegal. As such, we request that FHWA immediately rescind the memo issued on February 6th and enable states to begin spending NEVI funds without delay. Inaction on this request may very well be unconstitutional.
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