The agency skipped a competition, but did not leave the money idle
The Education Department did not publish a notice inviting new Child Care Access Means Parents in School applications in fiscal 2025. GAO nevertheless found no Impoundment Control Act violation in an October 7 decision.
USAspending data reviewed by GAO showed $74,633,742 in fiscal 2025 obligations for new awards, continuation awards and revisions. That was 99.51% of the $75 million identified for the program—leaving about $366,258, or 0.49%, unobligated by this comparison.
The obligation rate was slightly higher than 99.34% in fiscal 2024 and 99.32% in fiscal 2023. The spending occurred late in the fiscal year, but GAO found the timing consistent with previous years and the academic calendar.
| Measure | FY2025 | Comparison/context |
|---|---|---|
| Program amount in spending plan | $75,000,000 | Lump-sum allocation |
| Eligible obligations identified | $74,633,742 | 99.51% |
| Difference | $366,258 | 0.49% |
| Prior obligation rates | 99.34% / 99.32% | FY2024 / FY2023 |
Lump-sum language gave Education legal discretion
Congress funded higher-education programs through a lump-sum appropriation. A committee table identified $75 million for campus child care, but the appropriation did not incorporate that direction by reference, so GAO said it did not bind the agency as law.
Education still had to prudently obligate the lump sum for permissible purposes. An Office of Management and Budget footnote required an agreed spending plan, but the plan made the full $75 million available; GAO distinguished that control from a footnote that actually bars obligation.
No new invitation also did not mean no new awards. Prior notices allowed Education to use unfunded applications for later awards when money and application quality permitted.
A no-violation finding is not a clean-process finding
GAO contacted Education in September and November 2025 and February 2026 but received no response. The office based its decision on public obligation data, the appropriation structure and program law.
What’s the Scoop With Broach recalculated the unobligated difference and compared the three annual rates. The finding does not evaluate child-care quality, demand unmet by the absent competition or fiscal 2026 administration; it establishes why the available fiscal 2025 record did not show an unlawful withholding.
Sources and further reading
GAO decision B-337813 — October 7, 2026 ↗