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CBO
PAPER

The Budgetary Treatment of Leases
and Public/Private Ventures
February 2003



Note

The cover photo shows the Thurgood Marshall Federal Judiciary Building in Washington, D.C. Completed in October 1992, the facility is being acquired by the federal government over a 30-year period using a lease-purchase. (Photo is courtesy of the Architect of the Capitol.)





                
Preface

Federal agencies sometimes use leases or special-purpose public/private ventures to acquire capital assets without recording their full costs as obligations and outlays up front in the budget. That budgetary practice increased in the 1990s with the Department of Defense's military housing privatization ventures and the Department of Veterans Affairs' enhanced-use leasing ventures. This paper examines agencies' recent use of leases and special-purpose public/private ventures to finance the acquisition of federal assets. It reviews how the Congressional Budget Office (CBO) scores budget authority and outlays for the legislation that provides agencies with the authority to enter into those arrangements and how the Office of Management and Budget records the obligations and outlays associated with specific leases and public/private ventures.

This paper was prepared as part of CBO's continuing analysis of federal budget concepts. Recent papers include Evaluating and Accounting for Federal Investment in Corporate Stocks and Other Private Securities (January 2003), The President's Proposal to Accrue Retirement Costs for Federal Employees (June 2002), and Accrual Budgeting for Military Retirees' Health Care (March 2002). CBO's Budget and Economic Outlook: Fiscal Years 2004-2013 (January 2003) also includes a discussion titled "Is It Time for a New Budget Concepts Commission?" In keeping with CBO's mandate to provide objective analysis, this report makes no recommendations.

Deborah Clay-Mendez of CBO's National Security Division prepared this paper with significant contributions from Kathleen Gramp of CBO's Budget Analysis Division and Jennifer Smith of CBO's Office of the General Counsel. J. Michael Gilmore, Robert Sunshine, and Robert Murphy supervised the project. Ian MacLeod provided research assistance. The authors gratefully acknowledge the useful comments of many others within CBO, including Kim Cawley, Kent Christensen, Richard Farmer, Peter Fontaine, Deborah Lucas, Marvin Phaup, and Jo Ann Vines. The work also benefited from reviews provided by Richard Kogan and other budget analysts outside of CBO.

Joseph Foote and John Skeen edited the manuscript, with assistance from Christine Bogusz and Leah Mazade. Cindy Cleveland typed the many drafts. Chris Spoor prepared the report for publication, with help from Kathryn Winstead, and Annette Kalicki produced the electronic versions for CBO's Web site.

Barry B. Anderson
Acting Director
February 2003




CONTENTS


  Summary
   
Introduction to Budget Principles and Their Application to Leases and Public/Private Ventures
      Budget Concepts: Full Funding and a Unified Budget
      Applying Budget Principles to Leases and Partnerships
   
The Budgetary Treatment of Leases
      Current Guidelines for the Budgetary Treatment of Leases
      Factors Contributing to the Adoption of the Current Guidelines
      The Effects of the 1991 Lease-Purchase Guidelines
   
The Budgetary Treatment of Public/Private Ventures
      Examples of Public/Private Ventures
      The Budgetary Treatment of Public/Private Ventures
   
Challenges for the Budgetary Treatment of Leases and Public/Private Ventures
      Issues in Applying the Lease-Purchase Guidelines
      Issues in the Budgetary Treatment of Public/Private Ventures
      The Limits of Budgetary Treatments
   
  Appendix
The Budgetary and Economic Resource Costs of Direct Purchases and Lease-Purchases


Table  
   
1.  The Office of Management and Budget's Summary of Scorekeeping Requirements
   
Figures  
   
1.   Number of Housing Units in the Department of Defense's Military Housing Ventures, as of April 2002
2.   The Costs of the Department of Defense's Military Housing Ventures, as of April 2002
3.   The Costs of the Department of Veterans Affairs' Enhanced-Use Leasing Ventures
   
Boxes  
   
1.  Capital Budgeting
2.  The Anti-Deficiency Act and Full Funding
3.  The Criteria for Operating Leases
4.  Identifying the Degree of Risk for the Government
5.  The Structure of a Lease-Purchase: the Example of T-5 Tankers
6.  The Scoring of Direct Spending
7.  Scoring Under Credit Reform
8.  The Budgetary Treatment of Asset Sales and Barters

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