Federal Manager's Daily Report

The website where “apportionment” of funds information had been posted was taken down last week. Image: Jonathan Weiss/Shutterstock.com

The top Democrats on the House and Senate Appropriations Committees have criticized OMB for ending public disclosure of how funding to federal agencies is allotted, part of an ongoing dispute over how the Trump administration is spending, or not, funds appropriated by Congress.

The website (https://apportionment-public.max.gov/) where “apportionment” information had been posted was taken down last week “with no notice or explanation,” and despite a requirement that has been in law since a 2022 budget law, a statement said.

“Apportionments are legally binding budget decisions issued by OMB under title 31 of the U.S. Code. These documents are final, decisional, and legally binding on agencies, and officials responsible for violating an apportionment may be subject to administrative discipline, including suspension without pay and termination, and the knowing and willful violation of an apportionment carries with it criminal penalties under the Antideficiency Act,” the statement said.

According to a Congressional Research Service report, OMB has responded “that apportionments contain ‘sensitive, predecisional, and deliberative information’ and that the public reporting requirements ‘have already adversely impacted the candor contained in OMB’s communications with agencies and have undermined OMB’s effectiveness in supervising agency spending.’”

“Additionally, OMB stated that ‘apportionments may contain sensitive information, the automatic disclosure of which may pose danger to national security and foreign policy,’” the CRS said.

However, the statement from the Democratic leaders said that “there have never been national security concerns associated with this statutory requirement, and the law requires OMB to make any classified documentation referenced in any apportionment available at the request of the Chair or Ranking Member of any appropriate congressional committee.

 

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