GAO legal counsel found Section 1078 of the fiscal 2018 National Defense Authorization Act gives the Office of Management and Budget and the General Services Administration the authority to demand less-than-full, but not zero, reimbursement of awarded TMF funds.
TMF Board officials introduced alternative partial and minimal reimbursement arrangements following the injection of $1 billion into the fund via the American Rescue Plan Act in March 2021, arguing the original, five-year total repayment window dissuaded some agencies from applying for funds. But the board still has an obligation to keep the TMF functioning…
GAO’s finding upholds OMB and GSA’s “reasonable” position on the matter, given the most urgent TMF projects may not have “easily realized” cost savings for their agencies. The decision acknowledges partial and minimal reimbursement plans “potentially diminish TMF’s operating capacity” but notes the TMF Board is still limited in how much repayment it can waive because future congressional appropriations aren’t guaranteed… Read the full article here.