GAO says the transportation sector has stepped over its authority in an order to revoke EV-related funds that was mandated by Congress.
The government’s Watchdog says President Donald Trump’s administration may have violated lesser known federal law through a move to withdraw funding for Biden-era electric vehicle (EV) programs.
The law in question, known as the Water Storage Management Act of 1974, places restrictions on the president’s powers that either “import” or unilaterally reject funding, and deny congressional allocations.
As the administration is trying to reduce the federal government by cleaning up, some observers have been hoping for a showdown on issues between Trump and the Government’s Accountability Office (GAO), which have previously raised questions about the constitutionality of the law.
On February 6th, DOT announced a freeze on new EV infrastructure grants under the Infrastructure Investment and Employment Act (IIJA) 2021. The law allocated $5 billion to the construction of new charging stations and other EV infrastructure to drive a push to rapidly remove gas-type vehicles.
All 50 states and Puerto Rico are seeking funding under the law, GAO reported.
Related Stories
GAO said the move to cancel funds allocated by Congress violated the 1974 law. According to GAO, because there was a “obligation to spend” within IIJA, “DOT is not permitted to withhold these funds from spending, and DOT must continue to implement the statutory requirements of the program.”
The revocation of the new EV grant comes when the president orders a government-wide cut staff, withholds funds, and closes or consolidates multiple agencies and departments to reduce federal government size and spending.
These drastic executive actions prompted at least 39 investigations by the GAO, Secretary General Genedodaro told the Senate committee in April. Several cases from the affected agencies and former employees were also brought to court.
However, while there has been little major development on the issue up until now, most courts have heard of cases related to reservoirs that have refused to grant injunctions.
However, the party line has already been formed.
Trump and his allies argued for a wide range of presidential water storage authorities, stating that the president is a way to monitor taxpayer funding and prevent wasted spending.
Trump has promised on his campaign trajectory that he will legally challenge the Water Storage Control Act in his second term.
Democrats and other critics say the president’s violation of the reservoir is violating Congressional authority.
“From day one, President Trump either unilaterally frozen in our bipartisan law or violated the serious funds provided by bipartisan law,” Sen. Patty Murray (D-Wash.) said at an April hearing in which Dodaro testified.
“That’s not really what the Constitution envisioned. Congress has the power of a wallet. Our president cannot choose which part of the law they can follow.”
