The U.S. Government Accountability Office (GAO), an agency under Congress, stated on May 22 (local time) that the Trump administration's decision to withhold budget execution for the construction of electric vehicle charging facilities across the United States is illegal.
The GAO pointed out that, based on budget control laws that restrict the president from arbitrarily refusing to execute congressionally approved budgets, such actions are not permitted.
Previously, the Biden administration had promoted an electric vehicle charging station expansion project under the National Electric Vehicle Infrastructure (NEVI) Formula Program stipulated in the Infrastructure Investment and Jobs Act. Accordingly, all U.S. states and Washington, D.C. submitted budget plans for fiscal years 2022 to 2025 for this project. However, in February, the Trump administration halted this process.
Regarding this, the GAO stated, "If the president wishes to alter budget support that has already been approved by law, he must request a budget cut from Congress or pursue new legislation." The GAO further noted, "Once funding under the NEVI program is designated for each state, providing that support becomes mandatory." According to Politico, this means that providing more than $3.2 billion in funding under the NEVI program is a legal obligation.
The Office of Management and Budget (OMB) at the White House countered the GAO's view, stating, "The administration has properly exercised the authority granted by law." While the GAO's position does not carry legal force, Politico reported that it could influence congressional responses and related lawsuits concerning the Trump administration's budget freeze on specific programs.
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