
The GAO has joined the Democratic leaders in Congress in challenging OMB’s move to end public disclosure of how funding to federal agencies is allotted by taking down a previously available website where such “apportionment” information had been posted.
“We understand that OMB took down the website taking the position that it requires the disclosure of predecisional, and deliberative information. We disagree. As apportionments are legally binding decisions on agencies under the Antideficiency Act, we note that such information, by definition, cannot be predecisional or deliberative,” a letter to OMB director Russel Vought said.
“OMB also noted that apportionments may contain sensitive information which, if disclosed publicly automatically, may pose a danger to national security and foreign policy. While there may be some information that is sensitive if disclosed publicly, it is certainly not the case that all apportionment data meets that standard,” it said.
“Where there is such sensitive data that should be protected from public disclosure, those would be the exception and should not serve to take down the entire database . . . Moreover, there is a statutory requirement for OMB to post the apportionment data on a public website,” it said.
The top Democrats on the House and Senate Appropriations Committees earlier had made much the same points in their own letter to OMB, part of an ongoing dispute over how the Trump administration is spending, or not, funds appropriated by Congress.
The GAO added that it “has a number of on-going Impoundment Control Act inquiries and engagement work, many of which rely on apportionment data,” that it has a “broad statutory right” to that data and that if OMB does not repost it, GAO will pursue its legal rights.
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