After Congress belatedly approved a fiscal year 2026 budget for the Department of Education in February 2026, OMB failed to ‘apportion’ — that is, release for obligation — more than $2 billion in education funding that Congress had duly appropriated. The failure to apportion the funds constituted a de facto impoundment, withholding congressionally directed education spending without following either of the Impoundment Control Act’s authorized pathways of rescission or deferral.
OMB Fails to Apportion Over $2 Billion in Education Funds