Today, U.S. Senator Kirsten Gillibrand, ranking member of the Senate Appropriations Subcommittee on Transportation, Housing and Urban Development, released the following statement on the Government Accountability Office’s conclusion that President Trump is violating the Impoundment Control Act of 1974 by illegally withholding funding for the National Electric Vehicle Infrastructure (NEVI) Formula Program:
“President Trump does not have the right to withhold funds that have already been approved by Congress. This decision affirms that fact. Congress approved the NEVI program with strong bipartisan support when we passed it as part of the Bipartisan Infrastructure Law. Every state, including New York, is guaranteed this funding. Secretary Duffy must obey the law and release the NEVI funding immediately.”
The Bipartisan Infrastructure Law provided $5 billion in funding from fiscal year 2022 through 2026 for NEVI. The program provides funding to states to strategically create an electric vehicle (EV) charging network, which is critical to meeting new demand from American consumers. A 2024 study projected the U.S. would need 182,000 direct current fast chargers to accommodate the growing EV market—nearly triple the current capacity of just over 55,000. But Secretary Duffy issued a memorandum on February 6, 2025 blocking all new obligations of funding for the program—preventing states from using funds provided by Congress and forcing them to pause or cancel thousands of EV charging projects across America.
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