Court Reiterates OMB Apportionment Disclosures Requirement

A January 2026 United States District Court for the District of Columbia ruling orders the Trump Administration to again disclose apportionment information and restore the publicly accessible database.

This is the latest in an ongoing legal battle that began in March 2025 following the Office of Management and Budget's (OMB) abrupt removal of its Public Apportionments Database citing "sensitive, predecisional, and deliberative information," according to Congress.gov. Members of congress and the General Accounting Office (GAO) disagreed with OMB's action and called for the website's restoration.

In April, a lawsuit brought by two nonprofit organizations against the OMB and Director Russell Vought, claimed that the database's removal violated federal law.

OMB is required to make "apportionment" decisions, which are legally binding, budget directives that specify the federal funds an agency can spend. Congress has mandated the agency to post on a public website, documents with apportionment decisions, as well as written explanations and footnotes.

Last year, tens of thousands of households in affordable housing faced late HUD subsidy payments and delays, including older adults. These housing communities rely on monthly rental assistance to pay housing staff, property mortgages, community utilities, and more. The payment shortcomings directly reflected the lack of transparency in OMB's apportionments.

Consequently, LeadingAge sent a letter to OMB and HUD in June 2025, requesting the urgent resolve of the delays to our housing provider members.

In July 2025, the court ordered the agency to restore the database, and OMB began reposting information before the August 15 deadline. However, watchdog groups and Congress noticed incomplete compliance, including withholding required footnotes-which OMB argued were too sensitive to publish because they were 'predecisional'. The groups subsequently filed a motion to enforce, to require OMB to release apportionment decisions in their entirety.

The recent decision sets an important precedent that OMB must follow the law, ensuring stronger safeguards to prevent future delays. LeadingAge supports government transparency and will continue to prioritize ensuring congressionally appropriated funds reach affordable housing communities.