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Testimony: 

Before the Subcommittee on Federal Financial Management, Government 
Information, and International Security, Senate Committee on Homeland 
Security and Governmental Affairs: 

United States Government Accountability Office: 

GAO: 

For Release on Delivery Expected at 2:30 p.m. EDT: 

Thursday, October 6, 2005: 

Federal Real Property: 

Reliance on Costly Leasing to Meet New Space Needs Is an Ongoing 
Problem: 

Statement of Mark L. Goldstein, Director: 

Physical Infrastructure Issues: 

GAO-06-136T: 

GAO Highlights: 

Highlights of GAO-06-136T, a testimony for the Subcommittee on Federal 
Financial Management, Government Information, and International 
Security, Committee on Homeland Security and Governmental Affairs, U.S. 
Senate: 

Why GAO Did This Study: 

In January 2003, GAO designated federal real property a high-risk area 
and issued an update on this area in January 2005. GAO identified the 
government’s reliance on costly leased space as one of the major 
reasons for the high-risk designation. Other reasons included excess 
and deteriorated property, unreliable real property data, and the 
challenges associated with protecting these assets from terrorism. 

This testimony discusses GAO’s designation of federal real property as 
a high-risk area and focuses specifically on the government’s reliance 
on costly leased space. 

What GAO Found: 

The underlying conditions and related obstacles that led to GAO’s 
designation of federal real property as high risk still exist. Many of 
the assets in the government’s vast and diverse portfolio of real 
property are not effectively aligned with, or responsive to, agencies’ 
changing missions. Furthermore, many assets are in an alarming state of 
deterioration; agencies have estimated restoration and repair needs to 
be in the tens of billions of dollars. Compounding these problems are 
the lack of reliable governmentwide data for strategic asset management 
and the cost and challenge of protecting these assets against 
terrorism. Additionally, a heavy reliance on costly leasing, instead of 
ownership, to meet new space needs is a pervasive and ongoing problem. 
Since GAO’s designation of this area as high risk in January 2003, some 
important efforts to address these problems have been initiated, but it 
is too early to judge whether the administration’s focus on this area 
will have a lasting impact. 

The federal government owns and leases about 3.3 billion square feet of 
building floor area in roughly a half-million buildings worldwide, of 
which more than 380 million square feet are leased. Building ownership 
options through construction or purchase and lease-purchase are 
generally less costly than using operating leases to meet long-term 
space needs. However, as GAO reported over the last decade, the General 
Services Administration relies heavily on operating leases to meet new 
long-term space needs because it lacks funds to pursue ownership. 
Operating leases have become an attractive option, in part because 
budget scorekeeping rules allow budget authority for some operating 
leases to be spread out over the term of the lease and “look cheaper” 
in any given year, even though they are generally more costly over 
time. In contrast, budget authority for ownership options is recorded 
fully up front in the budget to appropriately reflect the government’s 
commitment. As a result, this situation has encouraged an overreliance 
on operating leases for satisfying long-term space needs. For example, 
the Patent and Trademark Office’s (PTO) operating lease for long-term 
space needs was estimated to cost $48 million more than construction 
and $38 million more than lease-purchase. 

Examples of Leased Federal Facilities: 

[See PDF for image] 

[End of figure] 

What GAO Recommends: 

GAO continues to believe that a comprehensive and integrated 
transformation strategy is needed to address several underlying 
obstacles to real property reform. These obstacles include competing 
stakeholder interests, various funding and budgetary disincentives, and 
the need for improved capital planning among agencies. 

Alternatives to costly operating leases for long-term space needs 
should be considered because the current practice results in excessive 
costs to taxpayers and does not reflect a sensible and economically 
rational approach to capital asset management 

www.gao.gov/cgi-bin/getrpt?GAO-06-136T. 

To view the full product, including the scope and methodology, click on 
the link above. For more information, contact Mark L. Goldstein at 
(202) 512-2834 or GoldsteinM@gao.gov. 

[End of section] 

Mr. Chairman and Members of the Subcommittee: 

Thank you for the opportunity to testify today on our work related to 
federal real property and, in particular, the government's reliance on 
space leased from the private sector. As you know, at the start of each 
new Congress since 1999, we have issued a special series of reports 
entitled the Performance and Accountability Series: Major Management 
Challenges and Program Risks. In January 2003, we designated federal 
real property a high-risk area as part of this series, and we issued an 
update on this area in January 2005.[Footnote 1] We identified the 
government's reliance on costly leased space as one of the major 
reasons for the high-risk designation. Other reasons included excess 
and deteriorated property, unreliable real property data, and the 
challenges associated with protecting these assets from terrorism. My 
testimony today will (1) discuss our designation of federal real 
property as a high-risk area and (2) focus specifically on the 
government's reliance on costly leased space. 

According to available data, the federal government owns and leases 
about 3.3 billion square feet of building floor area worldwide in 
roughly a half-million buildings. About 380 million square feet of this 
space is leased. My testimony today will highlight the following 
points: 

* The conditions that led to our January 2003 high-risk designation 
still exist. Many of the assets in the government's vast and diverse 
portfolio of real property are not effectively aligned with, or 
responsive to, agencies' changing missions. Furthermore, many assets 
are in an alarming state of deterioration; agencies have estimated 
restoration and repair needs to be in the tens of billions of dollars. 
Compounding these problems are the lack of reliable governmentwide data 
for strategic asset management and the cost and challenge of protecting 
these assets against terrorism. Additionally, a heavy reliance on 
costly leasing, instead of ownership, to meet new space needs, is a 
pervasive and ongoing problem. The administration has acknowledged the 
problems in this area; in February 2004, the President added the 
Federal Asset Management Initiative to the President's Management 
Agenda and signed an executive order on real property management 
reform.[Footnote 2] These and other efforts are positive steps, but it 
is too early to judge whether the administration's focus on this area 
will have a lasting impact. In addition, we continue to believe that a 
comprehensive and integrated transformation strategy is needed to 
address the problems and several underlying obstacles to reform, which 
include competing stakeholder interests, various funding and budgetary 
disincentives, and the need for improved capital planning among 
agencies. 

* As a general rule, building ownership options through construction or 
purchase are the least expensive ways to meet agencies' long-term and 
recurring requirements for space. Lease-purchases--under which payments 
are spread over time and ownership of the assets is eventually 
transferred to the government--are generally less costly than using 
ordinary operating leases to meet long-term space needs but are more 
costly than other ownership options. However, over the last decade, we 
have reported that the General Services Administration (GSA)--as the 
central leasing agent for most agencies--relies heavily on operating 
leases to meet new long-term needs because it lacks funds to pursue 
ownership. Operating leases have become an attractive option in part 
because they generally "look cheaper" in any given year, even though 
they are generally more costly over time. Budget scorekeeping rules 
allow budget authority for some of these costly operating leases to be 
spread out over the term of the lease. In contrast, budget authority 
for ownership options, according to the scorekeeping rules, are 
recorded fully up-front in the budget to appropriately reflect the 
government's commitment. As a result, this situation has encouraged an 
overreliance on operating leases for satisfying long-term space needs. 
Resolving this problem has been difficult; however, change is needed 
because the current practice of relying on costly leasing to meet long- 
term space needs results in excessive costs to taxpayers and does not 
reflect a sensible or economically rational approach to capital asset 
management. 

Federal Real Property: A High-Risk Area: 

Over 30 federal agencies control hundreds of thousands of real property 
assets--including both facilities and land--in the United States and 
abroad. These assets are worth hundreds of billions of dollars. 
Unfortunately, much of this vast and valuable asset portfolio presents 
significant management challenges and reflects an infrastructure based 
on the business model and technological environment of the 1950s. Many 
assets are no longer effectively aligned with, or responsive to, 
agencies' changing missions and are therefore no longer needed. Our 
high-risk reports highlighted problems with excess and underutilized 
property at several agencies, including the Departments of Defense, 
Veterans Affairs (VA), Energy, and State; the U.S. Postal Service 
(USPS); and GSA. Furthermore, many assets are in an alarming state of 
deterioration; agencies have estimated restoration, repair, and 
maintenance needs to be in the tens of billions of dollars. For 
example, we reported in 2003 that the Department of the Interior had a 
maintenance backlog of between $8 billion and $11 billion. Compounding 
these problems are the lack of reliable governmentwide data for 
strategic asset management, a heavy reliance on costly leasing instead 
of ownership to meet new space needs, and the cost and challenge of 
protecting these assets against potential terrorism. The problems 
facing the federal portfolio have been exacerbated by a number of 
factors, including competing stakeholder interests in real property 
decisions, various legal and budget-related disincentives to 
businesslike outcomes, and the need for better capital planning among 
real property-holding agencies. 

More specifically: 

* Competing Stakeholder Interests - In addition to Congress, the Office 
of Management and Budget (OMB), and the real property-holding agencies 
themselves, several other stakeholders have an interest in how the 
federal government carries out its real property acquisition, 
management, and disposal practices. These include foreign and local 
governments; business interests in the communities where the assets are 
located; private sector construction and leasing firms; historic 
preservation organizations; various advocacy groups; and the public in 
general, which often views the facilities as the physical face of the 
federal government in local communities. As a result of competing 
stakeholder interests, decisions about real property often do not 
reflect the most cost-effective or efficient alternative that is in the 
interests of the agency or the government as a whole, but instead 
reflect other priorities. 

* Legal and Budgetary Disincentives -The complex legal and budgetary 
environment in which real property managers operate has a significant 
impact on real property decisionmaking and often does not lead to 
economically rational and businesslike outcomes. For example, we have 
reported that public-private partnerships might be a viable option for 
redeveloping obsolete federal property when they provide the best 
economic value for the government, compared with other options, such as 
federal financing through appropriations or sale of the property. 
Resource limitations, in general, often prevent agencies from 
addressing real property needs from a strategic portfolio perspective. 
When available funds for capital investment are limited, Congress must 
weigh the need for new, modern facilities with the need for renovation, 
maintenance, and disposal of existing facilities, the latter of which 
often gets deferred. In disposing of excess property, agencies also 
need to consider a range of laws intended to address other objectives-
-such as historic preservation and environmental remediation. 

* Need for Improved Capital Planning - Over the years, we have reported 
that prudent capital planning can help agencies to make the most of 
limited resources, and failure to make timely and effective capital 
acquisitions can result in increased long-term costs. GAO, Congress, 
and OMB have identified the need to improve federal decisionmaking 
regarding capital investment. Our Executive Guide,[Footnote 3] OMB's 
Capital Programming Guide, and OMB's revisions to Circular A- 
11[Footnote 4] have attempted to provide guidance to agencies for 
making capital investment decisions. However, agencies are not required 
to use the guidance. Furthermore, agencies have not always developed 
overall goals and strategies for implementing capital investment 
decisions, nor has the federal government generally planned or budgeted 
for capital assets over the long term. 

Since our designation of this area as high risk in January 2003, some 
important efforts to address these problems have been initiated by the 
administration and executive agencies, including the addition of the 
Federal Asset Management Initiative to the President's Management 
Agenda and an executive order on real property management reform which 
led to the development of guiding principles for real property asset 
management. The executive order requires the establishment of senior 
real property officers at most executive branch departments and 
agencies that, among other things, prioritize actions needed to improve 
the operational and financial management of the agency's real property 
inventory. The order also established a Federal Real Property Council, 
with representation from major real property-holding agencies. The 
council has developed guiding principles for real property asset 
management and is also developing performance measures, a real property 
inventory database, and an agency asset management planning process. 
The executive order is clearly a positive step. However, it has not 
been fully implemented, and further actions are necessary to address 
the underlying problems and related obstacles to reform. Despite these 
efforts and the sincerity with which the federal real property 
community has embraced the need for reform, the problems have 
persisted. We continue to believe that a comprehensive and integrated 
transformation strategy for real property is needed to build on the 
executive order. More specifically, the additional step of developing a 
transformation strategy would provide decisionmakers with a road map of 
actions for addressing the underlying obstacles, assessing progress 
governmentwide, and enhancing accountability for related actions. As an 
example, OMB and other stakeholders could look to the USPS 
Transformation Plan and related progress reports, which GAO has 
supported for guiding postal reform.[Footnote 5] 

If actions resulting from the transformation strategy and other efforts 
to address the long-standing problems are effectively implemented, 
agencies will be better able to recover asset values, reduce operating 
costs, improve facility conditions, enhance security and safety, 
recruit and retain employees, and achieve mission effectiveness. 
Realigning the government's real property, taking into consideration 
the future federal role, likely organizational structure, geographic 
presence, and workplace needs, will be critical to improving the 
government's performance and ensuring accountability within expected 
resource limits. 

Reliance on Costly Leasing: 

One of the major reasons for our high-risk designation was the 
pervasive problem of over reliance on costly leased space to meet new 
space needs. As a general rule, building ownership options through 
construction or purchase are the least expensive ways to meet agencies' 
long-term requirements. Lease-purchases--in which payments are spread 
out over time and ownership of the asset is eventually transferred to 
the government--are generally more expensive than purchase or 
construction but are generally less costly than using ordinary 
operating leases to meet long-term space needs. However, over the last 
decade we have reported that GSA--as the central leasing agent for most 
agencies--relies heavily on operating leases to meet new long-term 
needs because it lacks funds to pursue ownership. In 1995, we reported 
that GSA had entered into 55 operating leases for long-term needs that 
were estimated to cost $700 million more than construction.[Footnote 6] 
In 1999, we reported that for 9 major operating lease acquisitions GSA 
had proposed, construction would have been the least-cost option in 8 
cases and would have saved an estimated $126 million. Lease-purchase 
would have saved an estimated $107 million compared with operating 
leases but would have cost $19 million more than construction.[Footnote 
7] 

A prime example of this problem was the Patent and Trademark Office's 
(PTO) long-term requirements in northern Virginia, where the cost of 
meeting this need with an operating lease was estimated to be $48 
million more than construction and $38 million more than lease- 
purchase. In August 2001, we also reported that GSA reduced the term of 
a proposed 20-year lease for the Department of Transportation (DOT) 
headquarters building to 15 years so that it could meet the definition 
of an operating lease. GSA's fiscal year 1999 prospectus for 
constructing a new facility for this need showed the cost of 
construction was estimated to be $190 million less than an operating 
lease. The Securities and Exchange Commission used a similar approach 
by reducing the terms of a proposed 20-year lease for its facility to 
14 years.[Footnote 8] Although most of our work in this area has 
focused on GSA-controlled leases, other real property-holding agencies 
with leasing authority--such as the Departments of State and Veterans 
Affairs--also face the same obstacles to ownership. USPS officials have 
told us that they do not believe that USPS is overly reliant on 
operating leases. Figure 1 shows the main PTO building and construction 
of the DOT headquarters building, both of which are being leased by the 
government. 

Figure 1: The DOT Headquarters Building and Main PTO Building, which 
are Being Leased By the Federal Government. 

[See PDF for image] 

[End of figure] 

Operating leases--in which periodic lease payments are made over the 
specified length of the lease--have become an attractive option in part 
because they generally "look cheaper" in any given year. Pursuant to 
the scoring rules adopted as a result of the Budget Enforcement Act of 
1990, the budget authority to meet the government's real property needs 
is to be scored--meaning recorded in the budget--in an amount equal to 
the government's total legal commitment. For example, for lease- 
purchase arrangements, the net present value of the government's legal 
obligations over the life of the contract is to be scored in the budget 
in the first year. For construction or purchase, the budget authority 
for the full construction costs or purchase price is to be scored in 
the first year. However, for many of the government's operating leases-
-including GSA leases, which, according to GSA, account for over 70 
percent of the government's leasing expenditures and are self-insured 
in the event of cancellation--only the budget authority to cover the 
government's commitment for an annual lease payment is required to be 
scored in the budget.[Footnote 9] Given this, while operating leases 
are generally more costly over time, compared with other options, they 
add much less to a single year's appropriation total than these other 
arrangements, making operating leases a more attractive option from the 
agency's budget perspective. This is particularly evident when funds 
for ownership are not available in an era of constrained budgetary 
resources. While the requirement for "up-front funding" provides for 
congressional control over the full costs to which the government is 
committing itself, the budget scorekeeping rules for self-insuring 
funds like GSA's Federal Buildings Fund allow costly operating leases 
to "look cheaper" in the short term and have encouraged an overreliance 
on them for satisfying long-term space needs. 

Decisionmakers have struggled with this matter since the scoring rules 
were established and the tendency for agencies with self-insuring funds 
to choose operating leases instead of ownership became apparent. We 
have suggested the alternative of scoring the budget authority for all 
operating leases up front on the basis of the underlying time 
requirement for the space so that all options are treated 
equally.[Footnote 10] Although this could be viable, there would be 
implementation challenges if this were pursued, including the need to 
evaluate the validity of agencies' stated space requirements. Finding a 
solution for this problem has been difficult; however, change is needed 
because the current practice of relying on costly leasing to meet long- 
term space needs results in excessive costs to taxpayers and does not 
reflect a sensible or economically rational approach to capital asset 
management. To address this and other complex problems related to 
federal real property, we continue to believe that a comprehensive and 
integrated transformation strategy is needed. 

Scope and Methodology: 

We conducted our work for this testimony in September 2005 in 
accordance with generally accepted government auditing standards. The 
work is based on our past reports on federal real property and, 
specifically, leasing issues. 

Mr. Chairman, this concludes my prepared statement. I would be happy to 
respond to any questions you or other Members of the Subcommittee may 
have at this time. 

Contacts and Acknowledgments: 

For further information on this testimony, please contact Mark L. 
Goldstein on (202) 512-2834 or at GoldsteinM@gao.gov. Key contributions 
to this testimony were made by Christine Bonham, Susan Michal-Smith, 
David Sausville, and Kelly Slade. 

FOOTNOTES 

[1] GAO, High-Risk Series: Federal Real Property, GAO-03-122 
(Washington, D.C.; Jan. 2003); GAO, High-Risk Series: An Update, GAO-05-
207 (Washington, D.C.; Jan. 2005). 

[2] Presidential Executive Order 13327, Feb. 4, 2004. 

[3] GAO, Executive Guide: Leading Practices in Capital Decision-making, 
GAO/AIMD-99-32 (Washington, D.C.: Dec. 1998). 

[4] OMB, Circular No. A-11, Appendix B. 

[5] U.S. Postal Service, Transformation Plan (Washington, D.C.: Apr. 
2002); U.S. Postal Service, Progress Report (Washington, D.C.: Nov. 
2004). 

[6] GAO, General Services Administration: Opportunities for Cost 
Savings in the Public Buildings Area, GAO/T-GGD-95-149 (Washington, 
D.C.: July 13, 1995). 

[7] GAO, General Services Administration: Comparison of Space 
Acquisition Alternatives--Leasing to Lease-Purchase and Leasing to 
Construction, GAO/GGD-99-49R (Washington, D.C.: Mar. 12, 1999). 

[8] GAO, Budget Scoring: Budget Scoring Affects Some Lease Terms but 
Full Extent Is Uncertain, GAO-01-929 (Washington, D.C.: Aug. 31, 2001). 

[9] According to the scoring rules (OMB Circular No. A-11, app. B), in 
cases where the operating lease does not have a cancellation clause or 
is not paid for by funds that are self-insuring, budget authority to 
cover the total costs expected over the life of the lease is to be 
scored in the first year of the lease. 

[10] GAO, Supporting Congressional Oversight: Budgetary Implications of 
Selected GAO Work for Fiscal Year 2003, GAO-02-576 (Washington, D.C.: 
Apr. 26, 2002).