prompt_front: You are given two reports by the government agency.



Question: Write a one-page summary of the report 1.

Report 1: Congress passed the Community Reinvestment Act of 1977 (CRA; P L  95-128 , 12 U S C  §§2901-2908) in response to concerns that federally insured banking institutions were not making sufficient credit available in the local areas in which they were chartered and acquiring deposits  According to some in Con gress, the granting of a public bank charter should translate into a continuing obligation for that bank to serve the credit needs of the public where it was chartered  Consequently, the CRA was enacted to "re-affirm the obligation of federally chartered or insured financial institutions to serve the convenience and needs of their service areas" and "to help meet the credit needs of the localities in which they are chartered, consistent with the prudent operation of the institution " The CRA requires federal banking regulators to conduct examinations to assess whether a bank is meeting local credit needs  The regulators issue CRA credits, or points, where banks engage in qualifying activities—such as mortgage, consumer, and business lending; community investments; and low-cost services that would benefit low- and moderate-income (LMI) areas and entities—that occur within assessment areas (where institutions have local deposit-taking operations)  These credits are then used to issue each bank a performance rating from a four-tiered system of descriptive performance levels (Outstanding, Satisfactory, Needs to Improve, or Substantial Noncompliance)  The CRA requires federal banking regulators to take those ratings into account when institutions apply for charters, branches, mergers, and acquisitions, or seek to take other actions that require regulatory approval  Congress became concerned with the geographical mismatch of deposit-taking and lending activities for a variety of reasons  Deposits serve as a primary source of borrowed funds that banks may use to facilitate their lending  Hence, there was concern that banks were using deposits collected from local neighborhoods to fund out-of-state as well as various international lending activities at the expense of addressing the local area's housing, agricultural, and small business credit needs  Another motivation for congressional action was to discourage redlining practices  One type of redlining can be defined as the refusal of a bank to make credit available to all of the neighborhoods in its immediate locality, including LMI neighborhoods where the bank may have collected deposits  A second type of redlining is the practice of denying a creditworthy applicant a loan for housing located in a certain neighborhood even though the applicant may qualify for a similar loan in another neighborhood  This type of redlining pertains to circumstances in which a bank refuses to serve all of the residents in an area, perhaps due to discrimination  The CRA applies to banking institutions with deposits insured by the Federal Deposit Insurance Corporation (FDIC), such as national banks, savings associations, and state-chartered commercial and savings banks  The CRA does not apply to credit unions, insurance companies, securities companies, and other nonbank institutions because of the differences in their financial business models  The Office of the Comptroller of the Currency (OCC), the Federal Reserve System, and the FDIC administer the CRA, which is implemented via Regulation BB  The CRA requires federal banking regulatory agencies to evaluate the extent to which regulated institutions are effectively meeting the credit needs within their designated assessment areas, including LMI neighborhoods, in a manner consistent with the federal prudential regulations for safety and soundness   The CRA's impact on lending activity has been publicly debated  Some observers are concerned that the CRA may induce banks to forgo more profitable lending opportunities in nontargeted neighborhoods by encouraging a disproportionate amount of lending in LMI communities  Furthermore, some argue that the CRA compels banks to make loans to higher-risk borrowers that are more likely to have repayment problems, which may subsequently compromise the financial stability of the banking system  For example, some researchers have attributed the increase in risky lending prior to the 2007-2009 recession to banks attempting to comply with CRA objectives  Others are concerned that enforcement of CRA objectives has not been stringent enough to compel banks to increase financial services in LMI areas  Almost all banks receive Satisfactory or better performance ratings (discussed in more detail below) on their CRA examinations, which some may consider indicative of weak enforcement  This report informs the congressional debate concerning the CRA's effectiveness in incentivizing bank lending and investment activity to LMI customers  It begins with a description of bank CRA examinations, including how a bank delineates its assessment area; the activities that may qualify for points under the three tests (i e , lending, investment, and service) that collectively make up the CRA examination; and how the composite CRA rating is calculated  Next, the report analyzes the difficulty in attributing bank lending decisions to CRA incentives  For example, the CRA does not specify the quality and quantity of CRA-qualifying activities, meaning that CRA compliance does not require adherence to lending quotas or benchmarks  Without explicit benchmarks, linking the composition of banks' loan portfolios to either too strong or too weak CRA enforcement is difficult  Banks are also unlikely to get CRA credit for all of the loans they make to LMI customers  Specifically, higher-risk loans that banking regulators explicitly discourage are unlikely to be eligible for CRA consideration  Furthermore, greater mobility of lending and deposit-taking activity across regional boundaries due to various financial market innovations has complicated the ability to geographically link various financial activities  Hence, many banks' financial activities occurring in a designated assessment area that are eligible for CRA consideration may simply be profitable, meaning they may have occurred without the CRA incentive  Finally, this report summarizes recent policy discussions regarding modernization of the CRA  As noted above, the federal banking regulators conduct regular examinations of banks to assess whether they meet local credit needs in designated assessment areas  The regulators issue CRA credits, or points, when banks engage in qualifying activities—such as mortgage, consumer, and business lending; community investments; and low-cost services that would benefit LMI areas and entities—that occur within assessment areas  Regulation BB provides the criteria that a bank's board of directors must use to determine the assessment area(s) in which its primary regulator will conduct its CRA examination  The assessment area typically has a geographical definition—the location of a bank's main office, branches, and deposit-taking automatic teller machines, as well as surrounding areas where the bank originates and purchases a substantial portion of loans  Assessment areas must generally include at least one metropolitan statistical area (MSA) or at least one contiguous political subdivision, such as a county, city, or town  Regulation BB also requires that assessment areas may not reflect illegal discrimination, arbitrarily exclude LMI geographies, and extend substantially beyond an MSA boundary or a state boundary (unless the assessment area is located in a multistate MSA)  Banking regulators regularly review a bank's assessment area delineations for compliance with Regulation BB requirements as part of the CRA examination  Instead of a more conventionally delineated assessment area, certain banking firms may obtain permission to devise a strategic plan for compliance with Regulation BB requirements  For example, wholesale and limited purpose banks are specialized banks with nontraditional business models  Wholesale banks provide services to larger clients, such as large corporations and other financial institutions; they generally do not provide financial services to retail clients, such as individuals and small businesses  Limited purpose banks offer a narrow product line (e g , concentration in credit card lending) rather than provide a wider range of financial products and services  These banking firms typically apply to their primary regulators to request designation as a wholesale or limited purpose bank and, for CRA examination purposes, are evaluated under strategic plan options that have been tailored for their distinctive capacities, business strategies, and expertise  The option to develop a strategic plan of pre-defined CRA performance goals is available to any bank subject to the CRA  The public is allowed time (e g , 30 days) to provide input on the draft of a bank's strategic plan, after which the bank submits the plan to its primary regulator for approval (within 60 days after the application is received)  Regulation BB does not impose lending quotas or benchmarks  Instead, Regulation BB provides banks with a wide variety of options to serve the needs of their assessment areas  Qualifying CRA activities include mortgage, consumer, and business lending; community investments; and low-cost services that would benefit LMI areas and entities  For example, banks may receive CRA credits for such activities as investing in special purpose community development entities (CDEs), which facilitate capital investments in LMI communities (discussed below); providing support (e g , consulting, detailing an employee, processing transactions for free or at a discounted rate, and providing office facilities) to minority- and women-owned financial institutions and low-income credit unions (MWLIs), thereby enhancing their ability to serve LMI customers; serving as a joint lender for a loan originated by MWLIs; facilitating financial literacy education to LMI communities, including any support of efforts of MWLIs and CDEs to provide financial literacy education; opening or maintaining bank branches and other transactions facilities in LMI communities and designated disaster areas; providing low-cost education loans to low-income borrowers; and offering international remittance services in LMI communities  The examples listed above are not comprehensive, but they illustrate several activities banks may engage in to obtain consideration for CRA credits  The banking regulators will consider awarding CRA credits or points to a bank if its qualifying activities occur within an assigned assessment area  The points are then used to compute a bank's overall composite CRA rating  Regulators apply up to three tests, which are known as the lending , investment , and service tests, respectively, to determine whether a bank is meeting local credit need in designated assessment areas  The lending test evaluates the number, amount, and distribution across income and geographic classifications of a bank's mortgage, small business, small farm, and consumer loans  The investment test grades a bank's community development investments in the assessment area  The service test examines a bank's retail service delivery, such as the availability of branches and low-cost checking in the assessment area  The point system for bank performance under the lending, investment, and service tests is illustrated in Table 1   The lending test is generally regarded as the most important of the three tests, awarding banks the most points (CRA credits) in all rating categories  As shown in Table 1 , banks receive fewer credits for making CRA-qualified investments than for providing direct loans to individuals under the lending test  In some instances, an activity may qualify for more than one of the performance tests  Federal banking regulators evaluate financial institutions based upon their capacity, constraints, and business strategies; demographic and economic data; lending, investment, and service opportunities; and benchmark against competitors and peers  Because these factors vary across banks, the CRA examination was customized in 1995 to account for differences in bank sizes and business models  In 2005, the bank size definitions were revised to include small , intermediate small , and large banks  The bank regulators also indexed the asset size thresholds—which are adjusted annually—to inflation using the Consumer Price Index  As of January 1, 2019, a small bank is defined as having less than $1 284 billion in assets as of December 31 of either of the prior two calendar years; an intermediate small bank has at least $321 million as of December 31 of both of the prior two calendar years but less than $1 284 billion as of December 31 of either of the prior two calendar years; and a large bank has $1 284 billion or more in assets  Small banks are typically evaluated under the lending test  Regulators review (1) loan-to-deposit ratios; (2) percentage of loans in an assessment area; (3) lending to borrowers of different incomes and in different amounts; (4) geographical distribution of loans; and (5) actions on complaints about performance  Intermediate small banks are subject to both the lending and investment tests  Large banks are subject to all three tests  As mentioned previously, direct lending to borrowers, taking place in what is referred to as primary lending markets , qualify for CRA credit under the lending test  Investments taking place in secondary lending markets , in which investors purchase loans that have already been originated (such that little or no direct interaction occurs between investors and borrowers), qualify for CRA credit under the investment test  Secondary market investors may assume the default risk associated with a loan if the entire loan is purchased  Alternatively, if a set of loans are pooled together, then numerous secondary investors may purchase financial securities in which the returns are generated by the principal and interest repayments from the underlying loan pool, thereby sharing the lending risk  Direct ownership of loans or purchases of smaller portions (debt securities) of a pool of loans, therefore, are simply alternative methods to facilitate lending  As shown in Table 1 above, a bank may receive CRA consideration under the lending test for making a loan to LMI individuals that is guaranteed by a federal agency, such as the Federal Home Administration (FHA)  If, however, a bank purchases securities backed by pools of FHA-guaranteed mortgage originations, this activity receives credit under the investment test  Thus, the bank receives less CRA credit when the financial risk is shared with other lenders than it would for making a direct loan (and holding all of the lending risk) even though it would still facilitate lending to LMI borrowers  In 2005, the activities that qualify for CRA credit were expanded to encourage banks to make public welfare investments  More specifically, qualifying activities include a public welfare investment (PWI) that promotes the public welfare by providing housing, services, or jobs that primarily benefit LMI individuals; and a community development investment (CDI), economic development investment , or project that meets the PWI requirements  Examples of CDI activities include promoting affordable housing, financing small businesses and farms, and conducting activities that revitalize LMI areas  Banks may engage in certain activities that typically would not be permitted under other banking laws as long as these activities promote the public welfare and do not expose institutions to unlimited liability  For example, banks generally are not allowed to make direct purchases of the preferred or common equity shares of other banking firms; however, banks may purchase equity shares of institutions with a primary mission of community development (discussed in more detail in the Appendix ) up to an allowable CDI limit  The Financial Services Regulatory Relief Act of 2006 ( P L  109-351 ) increased the amount that national banking associations and state banks (that are members of the Federal Reserve System) may invest in a single institution from 10% to 15% of a bank's unimpaired capital and unimpaired surplus  CDIs that benefit a bank's designated assessment area may qualify for CRA credit  For CRA purposes, the definition of a CDI was expanded in 2005 to include "underserved and distressed" rural areas and "designated disaster areas" to aid the regional rebuilding from severe hurricanes, flooding, earthquakes, tornados, and other disasters  The disaster area provision allows banks anywhere in America to receive consideration for CRA credit if they facilitate making credit available to a distressed location or geographic area outside of their own assessment areas  Thus, the 2005 revisions to the PWI and CDI definitions made more banking activities eligible for CRA credits  The banking regulators would consider awarding full CRA credits under the lending test to banks that make CDI loans directly in their assessment areas  Under the investment test, however, the banking regulators may choose to prorate the credits awarded to indirect investments  The Appendix provides examples of CDI activities that would qualify for CRA consideration under the investment test  Any awarded CRA credits could be prorated given that investing banks typically would have less control over when and where the funds are loaned  The CRA was revised in 1989 to require descriptive CRA composite performance ratings that must be disclosed to the public  The composite ratings illustrated in Table 2 are tabulated using the points assigned from the individual tests (shown in Table 1 above)  Grades of Outstanding and Satisfactory are acceptable; Satisfactory ratings in both community development and retail lending are necessary for a composite Satisfactory   Large banks must receive a sufficient amount of points from the investment and service tests to receive a composite Outstanding rating  Regulators include CRA ratings as a factor when lenders request permission to engage in certain activities, such as moving offices or buying another institution  Denying requests, particularly applications for mergers and acquisitions, is a mechanism that may be applied against banking organizations with ratings below Satisfactory   In 2005, the banking regulators also ruled that any evidence of discrimination or credit practices that violate an applicable law, rule, or regulation by any affiliate would adversely affect an agency's evaluation of a bank's CRA performance  Applicants with poor ratings may resubmit their applications after making the necessary improvements  Covered institutions must post a CRA notice in their main offices and make publicly available a record of their composite CRA performance  Given that the CRA is not a federal assistance program and that several regulators implement it separately, no single federal agency is responsible for evaluating its overall effectiveness  In 2000, Congress directed the Federal Reserve to study the CRA's effectiveness  The Federal Reserve's study reported that lending to LMI families had increased since the CRA's enactment but found it was not possible to directly attribute all of that increase to the CRA  For example, advancements in underwriting over the past several decades have enabled lenders to better predict and price borrower default risk, thus making credit available to borrowers that might have been rejected prior to such technological advances  This section examines the difficulty linking bank lending outcomes directly to the CRA, considering questions raised about the subjectivity of the CRA examination itself, whether prudential regulators use CRA to encourage banks to engage in high-risk lending, and whether the increased lending to LMI borrowers since CRA's enactment can be attributed to other profit-incentives that exist apart from the CRA  Questions have been raised as to whether the CRA examination itself is effective at measuring a bank's ability to meet local credit needs  For example, the CRA examinations have an element of subjectivity in terms of measuring both the quality and quantity of CRA compliance  In terms of quality, regulators determine the "innovativeness or flexibility" of qualified loan products; the "innovativeness or complexity" of qualified investments; or the "innovativeness" of ways banks service groups of customers previously not served  The number of points some CRA-qualifying investments receive relative to others is up to the regulator's judgment given that no formal definition of innovativeness has been established (although regulators provide a variety of examples as guidelines for banks to follow)  In terms of quantity, there is no official quota indicating when banks have done enough CRA-qualified activities to receive a particular rating  Without specific definitions of the criteria or quotas, the CRA examination may be considered subjective  Almost all banks pass their CRA examinations  Figure 1 shows the average annual composite scores of banks that received CRA examinations as well as the annual number of bank examinations by size  In general, most banks receive a composite Satisfactory or better rating regardless of the number of banks examined in a year  For all years, approximately 97% or more of banks examined received ratings of Satisfactory or Outstanding   Whether the consistently high ratings reflect the CRA's influence on bank behavior or whether the CRA examination procedures need improvement is difficult to discern  Another issue raised is whether the CRA has resulted in banks making more high-risk loans given that it encourages banks to lend to LMI individuals (perhaps under the presumption that LMI individuals are less creditworthy relative to higher-income individuals)  Since passage of the CRA, however, innovations have allowed lenders to better evaluate the creditworthiness of borrowers (e g , credit scoring, the adoption of automated underwriting), thus enhancing credit availability to both high credit quality and credit-impaired individuals  Credit-impaired borrowers can be charged higher interest rates and fees than those with better credit histories to compensate lenders for taking on greater amounts of credit or default risk  Nontraditional loan products (e g , interest-only, initially low interest rate) allow borrowers to obtain lower regular payments during the early stages of the loan, perhaps under the expectation that their financial circumstances may improve in the later stages as the loan payments adjust to reflect the true costs  The ability to charge higher prices or offer such nontraditional loan products may result in greater higher-risk lending  Because these technological developments in the financial industry occurred after enactment of the CRA, banks' willingness to enter into higher-risk lending markets arguably cannot be attributed solely to the CRA  Regulators arguably are more reluctant to award banks CRA credit for originating higher-risk loans given the scrutiny necessary to determine whether higher loan prices reflect elevated default risk levels or discriminatory or predatory lending practices  Primary bank regulators are concerned with both prudential regulation and consumer protection  It is difficult for regulators to monitor how well borrowers understood the disclosures regarding loan costs and features, or whether any discriminatory or predatory behavior occurred at the time of loan origination  Regulators use fair lending examinations to determine whether loan pricing practices have been applied fairly and consistently across applicants or if some steering to higher-priced loan products occurred  Nevertheless, although it is not impossible for banks to receive CRA credits for making some higher-priced loans, regulators are mindful of practices such as improper consumer disclosure, steering, or discrimination that inflate loan prices  Prudential regulators are also unlikely to encourage lending practices that might result in large concentrations of high-risk loans on bank balance sheets  Hence, certain lending activities—subprime mortgages and payday lending—have been explicitly discouraged by bank regulators, as discussed in more detail below  Although no consensus definition has emerged for subprime lending, this practice may generally be described as lending to borrowers with weak credit at higher costs relative to borrowers of higher credit quality  In September 2006, the banking regulatory agencies issued guidance on subprime lending that was restrictive in tone  The guidance warned banks of the risk posed by nontraditional mortgage loans, including interest-only and payment-option adjustable-rate mortgages  The agencies expressed concern about these loans because of the lack of principal amortization and the potential for negative amortization  Consequently, a study of 2006 Home Mortgage Disclosure Act data reported that banks subject to the CRA and their affiliates originated or purchased only 6% of the reported high-cost loans made to lower-income borrowers within their CRA assessment areas  Banks, therefore, received little or no CRA credit for subprime mortgage lending  Instead, federal regulators offered CRA consideration to banks that helped mitigate the effects of distressed subprime mortgages  On April 17, 2007, federal regulators provided examples of various arrangements that financial firms could provide to LMI borrowers to help them transition into affordable mortgages and avoid foreclosure  The various workout arrangements were eligible for favorable CRA consideration  Banks are unlikely to receive CRA consideration for originating subprime mortgages going forward  The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act; P L  111-203 ) requires lenders to consider consumers' ability to repay before extending them mortgage credit, and one way for lenders to comply is to originate qualified mortgages (QMs) that satisfy various underwriting and product-feature requirements  For example, QMs may not have any negative amortization features, interest-only payments, or points and fees that exceed specified caps of the total loan amount; in most cases, borrowers' debt-to-income ratios shall not exceed 43%  QM originations will give lenders legal protections if the required income verification and other proper underwriting procedures were followed  Given the legal protections afforded to QMs, some banks might show greater reluctance toward making non-QM loans  With this in mind, the federal banking regulators announced that banks choosing to make only or predominately QM loans should not expect to see an adverse effect on their CRA evaluations; however, the regulators did not indicate that CRA consideration would be given for non-QMs  Arguably, the federal banking regulators appear less inclined to use the CRA to encourage lending that could be subject to greater legal risks  Banks have demonstrated interest in providing financial services such as small dollar cash advances, which are similar to payday loans, in the form of subprime credit cards, overdraft protection services, and direct deposit advances  However, banks are discouraged from engaging in payday and similar forms of lending  Legislation, such as the Credit Card Accountability Responsibility and Disclosure Act of 2009 ( P L  111-24 ), placed restrictions on subprime credit card lending  In addition, federal banking regulators expressed concern when banks began offering deposit advance products due to the similarities to payday loans  Specifically, on April 25, 2013, the OCC, FDIC, and Federal Reserve expressed concerns that the high costs and repeated extensions of credit could add to borrower default risks and issued final supervisory guidance regarding the delivery of these products  Many banks subsequently discontinued offering deposit advances  In general, these legislative and regulatory efforts explicitly discourage banks from offering high-cost consumer financial products and thus such products are unlikely to receive CRA consideration  When various financial products are deemed unsound by bank regulators and not offered by banks, a possible consequence may be that some customers migrate to nonbank institutions willing to provide these higher-cost products  Accordingly, the effectiveness of the CRA diminishes if more individuals choose to seek financial products from nonbank institutions  In general, it can be difficult to determine the extent to which banks' financial decisions are motivated by CRA incentives, profit incentives, or both  Compliance with CRA does not require banks to make unprofitable, high-risk loans that would threaten the financial health of the bank  Instead, CRA loans have profit potential; and bank regulators require all loans, including CRA loans, to be prudently underwritten  As evidenced below, it may be difficult to determine whether banks have made particular financial decisions in response to profit or CRA incentives in cases where those incentives exist simultaneously  For example, banks increased their holdings of municipal bonds in 2009  Although banks may receive CRA consideration under the investment test for purchasing state and local municipal bonds that fund public and community development projects in their designated assessment areas, banks may choose this investment for reasons unrelated to CRA  During recessions, for example, banks may reduce direct (or primary market) lending activities and increase their holdings of securities in the wake of declining demand for and supply of direct loan originations that occur during economic slowdowns and early recovery periods  In addition, a provision of the American Recovery and Reinvestment Act of 2009 ( P L  111-5 ) provided banks with a favorable tax incentive to invest in municipal bonds in the wake of the 2007-2009 recession  Hence, determining whether banks increased their municipal holdings because of a turn to securities markets for higher yields following a recession, a favorable tax incentive, or the CRA incentive is challenging  Similarly, banks increased their investments in Small Business Investment Corporations (SBICs, defined in the Appendix ) in 2010  Investments in SBICs allow banks to provide subordinate financing (rather than senior debt) to businesses  Senior lenders have first claims to the business's assets in case of failure; however, subordinate financiers provide funds in the form of mezzanine capital or equity, requiring a higher return because they are repaid after senior lenders  Banks generally are not allowed to act as subordinate financiers because they are not allowed to acquire ownership interests in private equity funds, unless such investments promote public welfare  Hence, attributing community development financing activities, such as SBIC investments, to CRA incentives may arguably be easier (relative to other financing activities) because the ability to engage in subordinate financing activities typically represents a CRA exemption from ordinary permissible banking activities  Following the 2007-2009 recession, however, U S  interest rates dropped to historically low levels for an abnormally long period of time  Because low-yielding interest rate environments squeeze profits, banks were likely to search for higher-yielding and larger-sized lending opportunities, such as investments in SBICs  Hence, it remains difficult to determine whether a particular bank's decision to increase SBIC financing activities was driven by normal profit or CRA-related incentives  Between June 2016 and June 2017, more than 1700 U S  bank branches were closed  Many branch closings occurred primarily in rural and low-income tract areas, raising concerns that banks would be able to circumvent their CRA obligation to lend and be evaluated in these areas  A traditional bank business model, however, relies primarily on having access to core deposits , a stable source of funds used to subsequently originate loans  Banks value geographic locations with greater potential to attract high core deposit volumes, which is also consistent with the CRA's requirement that assessment areas include at least one MSA or contiguous political subdivision (as previously discussed)  Furthermore, using FDIC and U S  Census Bureau data, the Federal Reserve noted that the number of branches per capita in 2017 was higher than two decades ago  Hence, determining whether branch closures reflect a bank's intentions to circumvent CRA compliance or to facilitate its ability to attract core deposits is challenging  On April 3, 2018, the U S  Department of Treasury (Treasury) released recommendations to modernize CRA in a memorandum to the federal banking regulators (OCC, FCIC, and the Fed)  Treasury highlighted four of its recommendations, summarized below  When the CRA was enacted in 1977, banks received deposits and made loans primarily through geographical branches  Assessment areas defined geographically arguably may not fully reflect the community served by a bank because of technology developments, such as the internet and mobile phone banking, prompting Treasury to call for revisiting the approach for determining banks' assessment areas  In 2016, the banking regulators issued Interagency Questions and Answers (Q&As) to provide banks guidance pertaining to CRA-eligible activities; however, Treasury noted that each regulator provides its examiners with additional guidance  Also, the Interagency Q&As illustrate past CRA-qualifying activities, but Treasury noted that no formal process currently exists to help determine whether potential (complex, innovative, or innovative) activities would qualify for CRA credit  Treasury recommends establishing clearer standards for CRA-qualifying activities and flexibility (expanding the types of loans, investments, and services that qualify for CRA credit), which may encourage banks to venture beyond activities that typically receive CRA credit  Treasury reports that each bank regulator follows a different examination schedule; the examinations are lengthy; and delays associated with the release of performance evaluations may limit the time banks can react to recommendations before their next CRA examination  Treasury recommends increasing the timeliness of the CRA examination process  Treasury recommends incorporating performance incentives that might result in more efficient lending activities  For example, CRA-qualifying loans may receive credit in the year of origination, but equity investments may receive credit each year that the investment is held  Treasury recommends consistent treatment of loans and investments, which may encourage banks to make more long-term loans (rather than sequences of short-term loans for the sake of being awarded CRA credits at each CRA examination)  On August, 28, 2018, the OCC released an Advance Notice of Proposed Rulemaking (ANPR) to seek comments on ways to modernize the CRA framework  The ANPR solicited comments on the issues raised by Treasury among other things  The OCC's ANPR does not propose specific changes, but its content and the questions posed suggest that the OCC is exploring the possibility of adopting a quantitative metric-based approach to CRA performance evaluation, changing how assessment areas are defined, expanding CRA-qualifying activities, and reducing the complexity, ambiguity, and burden of the regulations on the bank industry  When the comment period closed on November 19, 2018, the OCC had received 1584 comments  The Federal Reserve and the FDIC did not join the OCC in releasing the ANPR  The Federal Reserve System, however, did host research symposiums around the country to gather comments pertaining to CRA reform  As reported by the Federal Reserve, some banking industry comments suggested, among other things, the need for consistency of the CRA examinations to facilitate CRA compliance  Yet some tailoring may still be necessary with respect to determining assessment areas that better reflect each bank's business models, particularly for models that use technology to deliver products and services  The regulators also heard from community and consumer groups  While expressing the need to retain focus on the historical context of the CRA, these groups highlighted the need to address issues pertaining to banking deserts in underserved communities  Community development investments (CDIs) that meet public welfare investment (PWI) requirements are those that promote the public welfare, primarily resulting in economic benefits for low- and moderate-income (LMI) individuals  This appendix provides examples of CDI activities that would qualify for consideration under the CRA investment test  In many cases, covered banks are more likely to take advantage of these optional vehicles to obtain CRA credits if they perceive the underlying investment opportunities to have profit potential  Loan Participations Banks and credit unions often use participation (syndicated) loans to jointly provide credit  When a financial firm (e g , bank, credit union) originates a loan for a customer, it may decide to structure loan participation arrangements with other institutions  The loan originator often retains a larger portion of the loan and sells smaller portions to other financial institutions willing to participate  Suppose a financial firm originates a business or mortgage loan in a LMI neighborhood  A bank may receive CRA investment credit consideration by purchasing a participation, thus becoming a joint lender to the LMI borrower  An advantage of loan participations is that the default risk is divided and shared among the participating banks (as opposed to one financial firm retaining all of the risk)  CRA consideration is possible if the activity occurs within the designated assessment area  For all participating banks to receive credit, some overlap in their designated assessment areas must exist  An exception is made for participations made to benefit designated disaster areas, in which all participating banks would receive CRA consideration regardless of location  State and Local Government Bonds State and local governments issue municipal bonds, and the proceeds are used to fund public projects, community development activities, and other qualifying activities  The interest that nonbank municipal bondholders receive is exempt from federal income taxes to encourage investment in hospitals, schools, infrastructure, and community development projects that require state and local funding  Legislative actions during the 1980s eliminated the tax-exempt status of interest earned from holdings of municipal bonds for banks  Although banks no longer have a tax incentive to purchase municipal bonds, they still consider the profitability of holding these loans, as they do with all lending opportunities  Furthermore, banks receive CRA investment consideration when purchasing state and local municipal bonds that fund public and community development projects in their designated assessment areas  CRA-Targeted Secondary Market Instruments Secondary market financial products have been developed to facilitate the ability of banks to participate in lending activities eligible for CRA consideration, such as purchasing mortgage-backed securities (MBSs) or shares of real estate investment trusts (REITs)  A MBS is a pool of mortgage loans secured by residential properties; a multifamily MBS is a pool of mortgage loans secured by multifamily properties, consisting of structures designed for five or more residential units, such as apartment buildings, hospitals, nursing homes, and manufactured homes  CRA-MBSs are MBSs consisting of loans that originated in specific geographic assessment areas, thereby allowing bank purchases into these pools to be eligible for CRA consideration under the investment test  Similarly, REITs may also pool mortgages, mortgage MBSs, and real estate investments (e g , real property, apartments, office buildings, shopping malls, hotels)  Investors purchase shares in REIT pools and defer the taxes  Banks may only invest in mortgage REITs and MBS REITs  Similar to the CRA-MBSs, the REITs must consist of mortgages and MBSs that would be eligible for CRA consideration  The Community Development Trust REIT is an example of a REIT that serves as a CRA-qualified investment for banks  Community Development Financial Institutions and Equity Equivalent Investments The Community Development Financial Institutions (CDFI) Fund was created by the Riegle Community Development Regulatory Improvement Act of 1994 (the Riegle Act; P L  103-325 )  The CDFI Fund was established to promote economic development for distressed urban and rural communities  The CDFI Fund, currently located within the U S  Department of the Treasury, is authorized to certify banks, credit unions, nonprofit loan funds, and (for-profit and nonprofit) venture capital funds as designated CDFIs  In other words, a bank may satisfy the requirements to become a CDFI, but not all CDFIs are banks  The primary focus of institutions with CDFI certification is to serve the financial needs of economically distressed people and places  The designation also makes these institutions eligible to receive financial awards and other assistance from the CDFI Fund  In contrast to non-CDFI banks, some CDFI banks have greater difficulty borrowing funds and then transforming them into loans for riskier, economically distressed consumers  The lack of loan level data for most CDFI banks causes creditors to hesitate in making low-cost, short-term loans to these institutions  Specifically, the lack of information on loan defaults and prepayment rates on CDFI banking assets is likely to result in limited ability to sell these loan originations to secondary loan markets  Consequently, the retention of higher-risk loans, combined with limited access to low-cost, short-term funding, makes CDFI banks more vulnerable to liquidity shortages  Hence, CDFIs rely primarily on funding their loans (assets) with net assets , which are proceeds analogous to the equity of a traditional bank or net worth of a credit union  CDFI net assets are often acquired in the form of awards or grants from the CDFI Fund or for-profit banks  Funding assets with net assets is less expensive for CDFIs than funding with longer-term borrowings  Banks may obtain CRA investment credit consideration by making investments to CDFIs, which provides CDFIs with net assets (equity)  Under PWI authority, banks are allowed to make equity investments in specialized financial institutions, such as CDFIs, as long as they are considered by their safety and soundness regulator to be at least adequately capitalized   Furthermore, the final Basel III notification of proposed regulation (NPR) allows for preferential capital treatment for equity investments made under PWI authority, meaning equity investments to designated CDFIs may receive more favorable capital treatment  Consequently, banks often provide funds to CDFIs through equity equivalent investments (EQ2s), which are debt instruments issued by CDFIs with a continuous rolling (indeterminate) maturity  EQ2s, from a bank's perspective, are analogous to holding convertible preferred stock with a regularly scheduled repayment  Hence, banks may view EQ2s as a potentially profitable opportunity to invest in other specialized financial institutions and receive CRA consideration, particularly when the funds are subsequently used by CDFIs to originate loans in the banks' assessment areas  Small Business Investment Companies The Small Business Administration (SBA) was established in 1953 by the Small Business Act of 1953 (P L  83-163) to support small businesses' access to capital in a variety of ways  Although issuing loan guarantees for small businesses is a significant component of its operations, the SBA also has the authority to facilitate the equity financing of small business ventures through its Small Business Investment Company (SBIC) program, which was established by the Small Business Investment Act of 1958 (P L  85-699)  SBICs that are licensed and regulated by the SBA may provide debt and equity financing and, although not a program requirement, educational (management consulting) resources for businesses that meet certain SBA size requirements  Banks may act as limited partners if they choose to provide funds to SBICs, which act as general partners  Banks may establish their own SBICs, jointly establish SBICs (with other banks), or provide funds to existing SBICs  SBICs subsequently use bank funding to invest in the long-term debt and equity securities of small, independent (SBA-eligible) businesses, and banks may receive CRA investment consideration if the activities benefit their assessment areas  Community banks invest in SBICs because of the profit potential as well as the opportunity to establish long-term relationships with business clients during their infancy stages  Banks that are considered by their regulators to be adequately capitalized are allowed to invest in these specialized financial institutions under PWI authority, but the investments still receive risk-based capital treatment  SBIC assets, similar to CDFIs, are illiquid given the difficulty to obtain credit ratings for SBIC investments; thus, they cannot be sold in secondary markets  Because banks risk losing the principal of their equity investments, they are required to perform the proper due diligence associated with prudent underwriting  Tax Credits The low-income housing tax credit (LIHTC) program was created by the Tax Reform Act of 1986 ( P L  99-514 ) to encourage the development and rehabilitation of affordable rental housing  Generally speaking, government (federal or state) issued tax credits may be bought and, in many cases, sold like any other financial asset (e g , stocks and bonds)  Owners of tax credits may reduce their tax liabilities either by the amount of the credits or by using the formulas specified on those credits, assuming the owners have participated in the specified activities that the government wants to encourage  For LIHTCs, banks may use a formula to reduce their federal tax liabilities when they provide either credit or equity contributions (grants) for the construction and rehabilitation of affordable housing  If a bank also owns a LIHTC, then a percentage of the equity grant may be tax deductible if the CDFI uses the funds from the grant to finance affordable rental housing  Furthermore, banks may receive consideration for CRA-qualified investment credits  After a domestic corporation or partnership receives designation as a Community Development Entity (CDE) from the CFDI Fund, it may apply for New Markets Tax Credits (NMTCs)  Encouraging capital investments in LMI communities is the primary mission of CDEs, and CDFIs and SBICs automatically qualify as CDEs  Only CDEs are eligible to compete for NMTCs, which are allocated by the CDFI Fund via a competitive process  Once awarded an allocation of NMTCs, the CDE must obtain equity investments in exchange for the credits  Then, the equity proceeds raised must either be used to provide loans or technical assistance or deployed in eligible community investment activities  Only for-profit CDEs, however, may provide NMTCs to their investors in exchange for equity investments  Investors making for-profit CDE equity investments can use the NMTCs to reduce their tax liabilities by a certain amount over a period of years  As previously discussed, a bank may receive CRA credit for making equity investments in nonprofit CDEs and for-profit subsidiaries, particularly if the investment occurs within the bank's assessment area  Furthermore, banks may be able to reduce their tax liabilities if they can obtain NMTCs from the CDEs in which their investments were made 


Report 2: NSF relies on two programs for bringing rotators into the agency: (1) the IPA program and (2) the VSEE program  The Office of Personnel Management develops policies on agencies’ use of the IPA program and promulgates program regulations  Rotators in NSF’s IPA and VSEE programs differ in key respects, including their employment status and compensation  IPA rotators  NSF enters into written agreements with rotators’ home institutions for all IPA assignments  The agreements detail rotators’ salaries and health, retirement, and other fringe benefits at their home institutions, as well as the cost-sharing amounts NSF and home institutions are to pay during rotators’ assignments  NSF reimburses its cost-sharing amounts to home institutions, which continue to pay rotators’ full salaries and benefits  NSF does not cap the salaries of IPA rotators; as a result, IPA rotators may receive salaries that exceed the maximum federal salary for the position they hold at NSF  In contrast, if an IPA rotator’s salary is less than the minimum federal salary for the position, NSF will supplement the salary to the minimum rate  VSEE rotators  NSF appoints VSEE rotators as federal employees on a nonpaid leave of absence from their home institutions  VSEE rotators receive their salaries directly from NSF but are not eligible for certain federal benefits, such as retirement; instead, NSF reimburses home institutions for the employer’s share of retirement, life insurance, and health benefits that would otherwise be discontinued  NSF’s policy is to set salaries for VSEE rotators that are generally comparable to the salaries the rotators would receive at their home institutions  In setting salaries, NSF also takes into account other sources of income, such as consulting, and allows for locality pay adjustments applicable to employees in the Washington, D C , metropolitan area  However, because VSEE rotators are federal employees, NSF caps their salaries at the federal maximum for the position they hold at NSF  Both IPA and VSEE rotators are eligible for certain other types of reimbursement  In particular, rotators have the option of having NSF pay their moving expenses to and from Washington, D C , or receiving per diem allowances in accordance with federal travel regulations for up to 2 years  In addition, NSF may reimburse rotators for travel-related expenses related to their participation in NSF’s Independent Research and Development program, which enables NSF staff to maintain their involvement with their professional research and research-related activities at their home institutions  Table 1 shows additional information on IPA and VSEE rotator expenses  Rotators are generally assigned to one of NSF’s seven directorates that support science and engineering research and education (see table 2)  Each directorate is headed by an assistant director and deputy assistant director  Directorates are further subdivided into divisions, offices, or sections  Each division is headed by a division director and typically a deputy division director, and each office is headed by an office director and typically a deputy office director  All these positions are executive positions at NSF  At the staff level, NSF uses program directors—subject matter experts in the scientific areas they manage—to conduct reviews of proposals and recommend which projects the agency should fund  With an annual budget of about $7 5 billion, NSF funds approximately 24 percent of all federally supported basic research conducted by colleges and universities in the United States  In 2016, NSF established the Steering Committee for Policy and Oversight of the IPA Program  The steering committee serves as the primary body for considering policy on NSF’s use of IPA rotators and overseeing common approaches to budgeting and implementation of the IPA program  The committee’s membership includes NSF’s chief human capital officer, who serves as the chair, and several other NSF officials  The steering committee has established strategic principles for management of the IPA program  These principles include maintaining a balance between IPA rotators and federal staff and a commitment to ongoing improvement of the program  NSF officials told us that there is no similar steering committee for overseeing VSEE rotators  Instead, each VSEE rotator is individually overseen by his or her respective supervisor  For the agency as a whole, NSF’s Office of Information and Resource Management and its Division of Human Resource Management conduct human capital management  NSF officials stated that the head of the Office of Information and Resource Management serves as the Chief Human Capital Officer and develops and oversees NSF’s human capital approaches and strategies  These officials also told us that the Deputy Chief Human Capital Officer serves as the division director of Human Resource Management and is responsible for administering the division’s day-to-day operations  The Division of Human Resource Management administers the agency’s human capital policies as set forth in NSF’s personnel manual  The numbers of rotators and their costs to NSF in proportion to other staff have remained relatively stable  Most rotators were IPA rotators, and were used in both executive and program director (staff-level) positions  NSF generally used VSEE rotators in program director positions  Most rotators at NSF were IPA rotators, and the proportion of rotators relative to other staff has remained relatively stable over time (see fig  1)  During the 10-year period we reviewed, from fiscal year 2008 through fiscal year 2017, IPA and VSEE rotators comprised about 12 percent and about 3 percent, respectively, of NSF’s total workforce; and the number of IPA rotators ranged from 162 to 190 (about 11 to 12 percent of total staff), and the number of VSEE rotators ranged from 22 to 52 (about 1 to 3 percent of total staff)  NSF primarily used rotators across its seven scientific directorates, using IPA rotators in executive and program director positions and VSEE rotators in program director positions  The agency used rotators in these positions alongside NSF’s permanent staff to perform day-to-day agency operations, including managing the agency’s merit review process for determining which projects to fund  NSF used IPA rotators in executive positions such as assistant director  According to agency officials, individuals in executive positions at NSF are responsible for setting the direction for the scientific area they are assigned, leading scientific and technical matters, establishing an organizational culture, overseeing outreach and collaboration with NSF stakeholders, and contributing to NSF and national policy development and implementation  For example, an executive IPA rotator that we interviewed told us that he emphasized forming partnerships with industry when setting the direction for his directorate, including issuing joint solicitations for research proposals with industry partners  In addition, according to NSF officials, individuals in executive positions provide guidance and team management for staff  The proportion of IPA rotators to federal employees in executive positions within NSF’s seven scientific directorates and other staff offices has generally increased since fiscal year 2012  As shown in figure 4, from fiscal year 2008 through fiscal year 2017, the number and proportion of executive positions filled by IPA rotators ranged from 18 of 98 (about 18 percent) in 2008 to 30 of 108 (about 28 percent) in fiscal year 2016  In November 2017, IPA rotators filled 29 of 88 (about 33 percent) executive positions within NSF’s seven scientific directorates  At that time, the proportion of executive positions filled by IPA rotators varied among directorates, as shown in table 3  For example, IPA rotators filled 4 of 8 (50 percent) of the executive positions in the Directorate for Social, Behavioral, and Economic Sciences and 2 of 14 (about 14 percent) of the executive positions in the Directorate for Mathematical and Physical Sciences  According to NSF officials, NSF often pairs IPA rotators and federal employees at the executive level so that each can benefit from the other’s experience and perspective  For example, in all but one directorate, an IPA rotator filled the assistant director position and a federal employee filled the corresponding deputy assistant director position  Two NSF executives we interviewed, including an IPA rotator and a federal employee, commented positively on the pairing of IPA rotators and federal employees at the executive level  For example, they said that rotators maintain close ties to the research community and federal employees may have more experience with NSF’s institutional history  One NSF executive told us that IPA rotators help keep the agency at the forefront of science because they have deep ties with the research community and regularly publish their own research  Additionally, a federal program director we interviewed told us that in one previous instance in which an IPA rotator filled an executive position without being paired with a federal employee, the rotator’s lack of institutional knowledge of NSF and the steep learning curve for the position caused inefficiencies during the rotator’s first year at NSF  The agency, however, does not require pairing IPA rotators and federal employees at the executive level, according to NSF officials  For example, in November 2017, IPA rotators filled both the division director and deputy division director positions in the Division of Behavioral and Cognitive Science and Division of Undergraduate Education  In our interviews with a nongeneralizable sample of NSF employees and rotators, we found mixed perceptions about the effect of NSF’s use of IPA rotators on opportunities for advancement for permanent employees  For example, in response to a question about this effect, one permanent NSF employee told us that she advanced to an executive position and that opportunities exist for advancement within the agency  In contrast, another NSF employee we interviewed told us that she did not feel there were opportunities for advancement because, in her view, executive vacancies created by the departure of rotators were exclusively filled with other rotators  NSF officials said that the agency has no policy that restricts repeatedly filling certain executive positions with rotators and that such a situation is a common practice  Nevertheless, NSF officials told us 32 of the 88 executives (about 36 percent) in NSF’s seven scientific directorates in November 2017 had held staff-level positions within the agency before becoming executives  NSF uses both IPA and VSEE rotators in program director positions, which are staff-level positions  In fiscal year 2016, NSF had a total of 506 program directors, including 139 IPA rotators (about 27 percent) and 39 VSEE rotators (about 8 percent)  According to NSF officials, program directors are responsible for conducting long-range planning and developing budgets for the areas of science represented by their program and for administrating the merit review process  In particular, IPA and VSEE rotators who serve as program directors help determine the projects that NSF funds  To do so, they review proposals, identify experts in their field to serve as external reviewers, and make funding recommendations to their respective division directors  NSF officials told us that, similar to the pairing of IPA rotators and federal employees at the executive level, permanent and rotating program directors frequently work together on a shared program so that each can benefit from the other’s experience and perspective  For example, a rotating program director we interviewed told us that she worked under the guidance of a program lead, who is typically a permanent employee  Another rotating program director told us that NSF’s permanent federal employees are good at training incoming rotators  Beginning in fiscal year 2017, NSF adopted rotator program cost- management strategies expected to achieve the greatest savings with the least harm to recruitment, but NSF officials said it is too soon to determine the full results because these new strategies are being phased in for new IPA agreements only  NSF considered other strategies to manage rotator costs, but it did not adopt them, generally because NSF anticipated negative effects on rotator recruitment or because it estimated the resulting cost savings would be small  NSF has adopted three strategies to manage rotators’ costs in fiscal year 2017, but, NSF officials said it is too soon to determine the full results because these new strategies are being phased in for new IPA agreements only  All three of these strategies relate to IPA rotators; NSF officials told us that they have not considered or adopted any cost- management strategies related to VSEE rotators  The officials explained that any such strategies could affect NSF’s entire federal workforce because VSEE rotators are federal employees  The three strategies are: (1) obtaining a minimum 10 percent cost-share from each IPA rotator’s home institution, (2) limiting IPA rotators’ paid trips to their home institutions to 12 per year, and (3) no longer reimbursing IPA rotators for consulting income that they forgo while at NSF  NSF officials told us they expect to issue a report with the results of evaluations of all three strategies in December 2018  In October 2016, NSF implemented a cost-sharing pilot program that requires institutions covered by the program—those who entered into negotiations for new IPA agreements in fiscal year 2017—to pay for at least 10 percent of the IPA rotators’ salaries and fringe benefits  Implementing this cost-management strategy, and the other strategies that NSF adopted, was consistent with recommendations from NSF’s steering committee for oversight of IPA rotators  This cost-management strategy targeted NSF’s costs for IPA rotators’ salary and fringe benefits, which constitute the largest component of IPA rotators’ costs  For example, these costs were about $34 7 million, or about 89 percent of IPA rotator costs in fiscal year 2017  Previously, according to NSF officials, the agency requested an optional cost-share amount of 15 percent from rotators’ home institutions, but it typically received less because of variations in the amounts that home institutions provided  According to an October 2016 report from the task force on fiscal oversight, NSF decided on 10 percent for the cost-sharing pilot program because, historically, few home institutions provided the full 15 percent and NSF believed a requirement of 10 percent would not significantly affect its ability to recruit and hire IPA rotators  If a home institution is unable to provide the full 10 percent, the institution may request that NSF waive the cost-sharing requirement  According to NSF officials, such requests must be signed by a senior administrator at the rotator’s home institution and include the rationale for not being able to provide the required amount, the financial impact on the institution if it were to provide the full 10 percent, and associated documentation, among other things  Changes made in implementing this strategy, and the other strategies that NSF adopted, applied to new IPA agreements made in fiscal year 2017  These changes did not apply to IPA rotators with agreements made prior to 2017—even if those agreements are subsequently extended or renewed—or that were being negotiated at the time of the policy change, provided that the rotators’ appointment memoranda were already being reviewed by NSF’s Division of Human Resource Management  NSF officials told us that as of March 2018, the agency had not conducted full evaluations of this strategy or the other strategies because it was too soon to determine their full effects and NSF had not yet collected enough data to do so  Instead, NSF issued reports in January and March 2018 containing its preliminary analyses  In general, these preliminary reports found that the cost-management strategies resulted in savings to NSF  Similarly, our analysis of data from NSF found that cost sharing as a percentage of IPA rotators’ salary and fringe benefits increased from about 7 percent in fiscal year 2016 to about 8 percent in fiscal year 2017  NSF officials told us that of the 55 IPA rotators who were subject to the cost-sharing requirement in fiscal year 2017: the home institutions for 54 rotators met or exceeded the 10 percent cost-share requirement, and of those, 16 exceeded the cost-share requirement; and the home institution for 1 rotator did not cost-share because the rotator was from a Federally Funded Research and Development Center and NSF waived the cost-share requirement because cost- sharing would not decrease the overall federal cost  In November 2017, NSF decided to extend the cost-sharing pilot through at least the end of fiscal year 2018, to ensure a full evaluation could be conducted  In particular, NSF officials told us that they need more data and experience with this pilot program to better understand its effects, such as the ability to recruit potential IPA rotators  For example, one IPA rotator that we interviewed expressed concern with the cost-sharing requirement’s potential effect on small or publicly funded universities, which may lack funds to contribute to the cost of an IPA assignment  According to NSF officials, their evaluation will include an analysis of the cost of IPA rotators under the cost-sharing requirement and its effect on the IPA program, including recruitment  Beginning in fiscal year 2017, for IPA rotators who entered into negotiations for new agreements in that fiscal year, NSF placed a limit of 12 agency-funded trips per year that rotators may take to their home institutions under the Independent Research and Development program  In our analysis of data from NSF, we found that NSF’s costs for IPA rotators under this program decreased from about $1 5 million (about 3 percent of IPA rotator costs) in fiscal year 2016 to $1 1 million (about 3 percent of IPA rotator costs) in fiscal year 2017  NSF officials told us that the new limit applies only to an IPA rotator’s trips to their home institution and does not limit travel to other locations for fieldwork or scientific conferences, among other things  These officials explained that NSF chose not to limit trips to these other locations because they are considered fundamental to IPA rotators’ research and are infrequent—occurring one to three times per year, on average, per IPA rotator  Additionally, rotators are permitted to use annual leave, leave without pay, or flexitime to take trips using non-NSF funds for activities performed on a rotator’s own time  In adopting this cost-management strategy, NSF sought to balance the benefits of IPA rotators’ travel with the travel costs  According to the Task Force on Fiscal Oversight’s October 2016 report, NSF’s support for travel benefits the agency by providing a way for program directors and executives to stay current in their scientific fields, conduct outreach with scientific communities, and provide oversight and stewardship of NSF’s programs and awards  NSF officials told us that the agency sought to control travel costs under the Independent Research and Development program by setting a reasonable limit to NSF-funded trips that would cause the least harm to rotators’ research so as not to discourage them from coming to NSF  As a result, NSF decided on a maximum of 12 trips per year under this program because, historically, more than 80 percent of the IPA rotator participants traveled to their home institution less than once per month  In fiscal year 2017, for IPA rotators who entered into new agreements in that fiscal year, NSF ended reimbursements for consulting income that the rotators forgo as a result of their assignment to NSF  Previously, when an IPA rotator discontinued consulting activities during an IPA assignment, NSF would reimburse the rotator up to $10,000 a year  IPA rotators who entered into negotiations or agreements with NSF prior to this change may still receive this reimbursement  In fiscal year 2017, NSF’s cost for lost consulting reimbursements to IPA rotators was $150,000  This amount represented a decrease of about $160,000, or about 52 percent, from fiscal year 2016  NSF made this change because it determined that doing so would not negatively affect the IPA program  In particular, NSF found that other federal science agencies typically did not reimburse IPA rotators for lost consulting income and it concluded that IPA rotators typically do not expect NSF to offer reimbursement  In addition to the three adopted strategies, NSF’s Task Force on Fiscal Oversight identified other potential cost management strategies for the IPA program  The task force reviewed various data on the costs that make up the IPA program, such as the number of IPA rotators who received a particular form of compensation or who would be affected by the potential strategies  In addition, the task force took into account anecdotal and other evidence on how IPA rotators might react to the strategies  Using input from the task force, NSF opted against the other potential strategies because it either (1) expected the resulting cost savings to be small or (2) anticipated potential negative effects from implementing them, such as increased difficulty in hiring IPA rotators  These potential cost-management strategies primarily related to IPA rotator compensation, as described below  Capping IPA rotators’ salaries  NSF decided against establishing a salary cap for IPA rotators at various levels between about $185,000 and $240,000 annually  The task force found that salary caps at lower levels would have greater cost savings because of the higher number of individuals covered by the cap, but that the caps would also pose a significant risk to NSF’s ability to recruit IPA rotators  In particular, the task force found that salary caps at lower levels would disproportionately affect IPA rotators in two of its directorates—the Directorate for Computer and Information Science and Engineering and the Directorate for Engineering—because of the higher salaries of individuals in positions associated with those fields  As a result, the task force recommended that NSF first assess the effects of its cost-sharing pilot program before proceeding with any cap on IPA rotators’ salaries  Reducing or eliminating IPA rotators’ supplemental pay  NSF decided against reducing or eliminating the supplemental pay that IPA rotators receive when their salary at their home institution is below the minimum for their NSF position  In fiscal year 2017, NSF’s cost for IPA rotators’ supplemental pay was $1 0 million (about 3 percent of IPA rotator costs)  The task force recommended against this potential cost-management strategy because it would disproportionately affect IPA rotators in two of its directorates—the Directorate for Biological Sciences and the Directorate for Geosciences  In addition, the task force expected that any cost savings associated with this strategy would be small  Reducing IPA rotators’ per diem payments  NSF decided against reducing or eliminating per diem payments for lodging (excluding taxes), meals, and incidental expenses incurred during the length of rotators’ assignments  In fiscal year 2017, NSF’s cost for per diem payments was $3 1 million (about 8 percent of IPA costs)  The task force concluded, based on its analysis of per diem costs and anecdotal evidence, that many IPA rotators would opt to depart NSF if NSF did not provide per diem payments  As a result, the task force recommended against this strategy  As of June 2018, NSF had not developed an agency-wide workforce strategy for using rotators, as its IPA program steering committee recommended  In addition, NSF has not fully evaluated or developed plans to evaluate both IPA and VSEE rotator program results in terms of progress toward NSF’s human capital goals or programmatic results  As of June 2018, NSF had not developed an agency-wide workforce strategy that includes use of rotators, as NSF’s IPA program steering committee had recommended  In an August 2016 report on the IPA program, the steering committee stated that NSF did not have an agency- wide workforce strategy; instead, each directorate made decisions on its own about when and how to use IPA rotators in executive and program director positions  According to the report, an agency-wide framework would enable NSF to ensure an optimal balance of federal and rotator executives and program directors, which is a strategic principle that the steering committee developed for the IPA program  In February 2017, the committee issued an internal report to agency leadership that recommended expanding what was originally envisioned as a workforce strategy for the IPA program into a comprehensive agency-wide workforce strategy  The report stated that expanding the scope of the workforce strategy would have the greatest impact across the agency and would help NSF leadership in making strategic human capital decisions  The report outlined a process for developing a workforce strategy with various steps, including the following: Job analyses  The report recommended job analyses to review the roles and responsibilities of executive and staff-level positions and to identify the skills and capabilities required for successful performance of the work  According to the report, the steering committee’s working group for developing a workforce strategy found, based on its initial efforts to review position descriptions and roles and responsibilities, that some functions may be better served if performed by permanent federal employees and other functions by rotators  However, the working group concluded that NSF should obtain additional input and evidence before initiating large-scale changes in its workforce  Analysis of workforce gaps and surpluses  The report stated that identifying gaps and surpluses in the demand and supply for federal and rotator scientific staff would inform opportunities to optimize recruitment and retention efforts  The report recommended separate analyses for executive and scientific staff- level positions  Development of strategies to close workforce gaps and address surpluses  According to the steering committee’s report, examples of strategies include succession planning and rebalancing the mix of permanent federal staff and rotators to ensure an optimal workforce with the skills, experience, and capabilities to accomplish NSF’s science-related work  According to NSF officials, the agency’s Division of Human Resource Management was responsible for implementing the steering committee’s recommendation  In particular, it undertook an effort to work with senior leadership to develop a broad strategic workforce plan for the agency  However, in June 2018, NSF officials told us that they shifted their focus from developing a separate workforce strategy in order to focus instead on (1) development of a human capital operating plan, which agencies are required to develop and approve annually, and update as needed, under OPM regulations that went into effect on April 11, 2017; and (2) an Office of Management and Budget (OMB) memorandum issued in April 2017 directing agency heads to develop reform plans that identify ways to improve the efficiency, effectiveness, and accountability of their respective agencies  The NSF officials explained that they recognized the value in having a workforce strategy, but they did not consider it appropriate for the Division of Human Resource Management to develop a workforce strategy at the same time that the agency was completing the OPM and OMB plans  NSF did not specify how its efforts to complete the OPM and OMB plans would address the need the steering committee identified for an agency- wide framework that would enable NSF to ensure an optimal balance of federal and rotator executives and program directors  In particular, NSF’s human capital operating plan, which it approved in April 2018, does not discuss NSF’s use of rotators or include information on balancing the agency’s use of rotators with permanent staff  Furthermore, NSF has not yet determined how it will address its use of rotators as part of its agency reform plan  In particular, NSF officials told us in June 2018 that they may address the agency’s use of rotators under the workforce focus area of its reform plan, but that they were only just beginning to identify and select initiatives under this focus area and that these initiatives have not yet been finalized  The process the NSF steering committee laid out in its internal report, when implemented, would align with two key principles GAO has identified for effective strategic workforce planning  Specifically, it would align with the principles of (1) determining the skills and competencies that are critical to successfully achieving missions and goals, and (2) developing human capital strategies to address gaps and enable the contribution of critical skills and competencies needed for mission success  By incorporating the NSF’s steering committee’s recommendation for a workforce strategy—and the process outlined by the steering committee for developing this strategy—into its human capital operating plan or agency reform plan, NSF could better manage its use of rotators and balance them with its permanent staff  We have previously found that high-performing organizations recognize the fundamental importance of measuring both the outcomes of human capital strategies and how these outcomes have helped the organizations accomplish their missions and programmatic goals  However, as of May 2018, NSF had not fully evaluated and did not have plans to evaluate the results of its IPA and VSEE rotator programs in terms of progress toward human capital goals and the contributions the programs made toward achieving programmatic results  One of GAO’s key principles for effective strategic workforce planning states that agencies should monitor and evaluate progress toward the agencies’ human capital goals and the contribution that human capital results have made toward achieving programmatic results  In particular, we previously found that evaluation activities can improve the effectiveness of workforce strategies by identifying shortfalls in performance and other improvement opportunities  OPM also requires agencies to develop a human capital operating plan that will support the evaluation of the agency’s human capital strategies  In March 2014, NSF published a summary of the results of focus groups with IPA rotators and their supervisors  This summary outlined benefits and challenges of the program from the perspectives of both groups, such as the benefit of bringing fresh perspective and new ideas to NSF and the challenge of recruiting and retaining qualified IPA rotators  However, the summary did not provide the agency’s assessment of progress towards programmatic results and human capital goals  For example, it summarized the benefits of the program from the standpoint of rotators and did not provide NSF’s assessment of how individual IPA rotators or the program as a whole contributed to NSF’s scientific mission  In addition, the summary did not provide an assessment of the extent to which the current workforce balance of federal and rotator executives and program directors is aligned with NSF’s work  In our semistructured interviews with federal staff and rotators in executive and staff-level positions at NSF, most were comfortable with the current balance, but three individuals raised concerns about the use of rotators in executive positions, suggesting that NSF could benefit from further analysis of its balance of rotators and federal staff  In April 2018, NSF adopted its human capital operating plan which identifies specific, short-term actions that the agency will take to achieve its human capital goals  In its plan, NSF identified strategies derived from NSF’s commitment to ongoing improvement, such as reviewing and realigning its workforce to meet future needs  Also, NSF’s process for developing a workforce strategy, outlined in the steering committee’s February 2017 internal report, included recommendations to conduct an assessment of the outcomes of workforce strategies and the impact of these outcomes on helping NSF accomplish its scientific mission and related programmatic goals  However, plans for this assessment did not include an evaluation of the agency’s rotator programs  Moreover, neither the steering committee’s February 2017 internal report nor NSF’s April 2018 report committed to conducting such an evaluation or specified how assessments described in its reports would address NSF’s rotator programs  For example, neither report specified how NSF would evaluate the extent to which the rotator programs have achieved NSF’s objectives, which we identified through our review of NSF documentation and interviews with NSF officials  These objectives include: bringing fresh perspectives from across the country and across all fields of science and engineering supported by NSF; helping influence new directions for research in science, engineering, and education, including emerging interdisciplinary fields; providing scientific leadership and management of NSF’s research and education programs; and providing opportunities for researchers to gain first-hand knowledge of the philosophy and mechanisms of federal support for research and bring this knowledge back to their home institutions  According to NSF officials, the agency has not separately evaluated the results of its rotator programs in part because rotators are blended into its permanent federal workforce, making it difficult to evaluate the results of its rotator programs separately from those of its overall workforce  In our December 2003 report on key principles for effective strategic workforce planning, we found that federal agencies in general have experienced difficulties in defining practical and meaningful measures that assess the effects human capital strategies have on programmatic results  However, without an evaluation of the extent of the rotator programs’ contributions toward NSF’s human capital goals or programmatic results, NSF is limited in its ability to demonstrate the programs’ benefits to external stakeholders, such as the Congress, and to adjust the programs, if warranted  Such adjustments could include increasing or decreasing the use of rotators overall or in certain types of positions, such as executive or staff-level positions  In recent years, NSF has recognized the need to think more strategically about its use of rotators and has taken positive steps to manage its rotator programs  For example, beginning in fiscal year 2017, NSF adopted several strategies to manage the cost of rotators  However, as of June 2018, NSF had decided against developing a separate agency-wide strategy for balancing its use of IPA rotators and federal staff, as NSF’s steering committee for the IPA program recommended in February 2017  NSF officials said that they recognized the value in having a workforce strategy but wanted to focus instead on addressing OPM and OMB requirements related to workforce planning  By following through on the steering committee’s recommendation for a workforce strategy, NSF could better manage its use of rotators and balance them with its permanent staff  Moreover, as of June 2018, NSF had not fully evaluated the results of the rotator programs, as called for by key principles for effective strategic workforce planning  NSF officials told us they have not done so, in part, because rotators are blended into NSF’s permanent federal workforce, making it difficult to evaluate the results of its rotator program separately from those of its overall workforce  However, without an evaluation of the extent of the rotator programs’ contributions toward NSF’s human capital goals or programmatic results, NSF is limited in its ability to demonstrate the programs’ benefits to external stakeholders, such as the Congress, and to adjust the programs, if warranted  We are making the following two recommendations to NSF: The NSF Director of Human Resource Management should complete the development of an agency-wide workforce strategy for balancing the agency’s use of IPA and VSEE rotators with permanent staff as part of NSF’s current agency reform planning efforts or updates to its human capital operating plan  (Recommendation 1) The NSF Director of Human Resource Management should evaluate the contributions of the IPA and VSEE rotator programs toward NSF’s human capital goals and the contributions the programs have made toward achieving programmatic results  (Recommendation 2) We provided a draft of this report to NSF for comment  In its written comments, which are reproduced in appendix I, NSF concurred with our recommendations and stated that implementation of the recommendations will enhance efforts to fulfill the agency’s mission and strengthen its workforce  NSF also provided technical comments, which we incorporated as appropriate  We are sending copies to the appropriate Congressional Committees, the Director of the National Science Foundation, and other interested parties  In addition, the report is available at no charge on the GAO website at http://www gao gov  If you or your staff have any questions about this report, please contact me at (202) 512-3841 or neumannj@gao gov  Contact points for our Offices of Congressional Relations and Public Affairs may be found on the last page of this report  GAO staff who made key contributions to this report are listed in appendix II  In addition to the individual named above, Joseph Cook (Assistant Director), Nkenge Gibson, Kathryn Smith, and Douglas Hunker made key contributions to this report  Also contributing to this report were Antoinette Capaccio, Serena Lo, Timothy Guinane, Cynthia Norris, and Sara Sullivan 

ground_truth: The Community Reinvestment Act (CRA; P.L. 95-128, 12 U.S.C. §§2901-2908) addresses how banking institutions meet the credit needs of the areas they serve, particularly in low- and moderate-income (LMI) neighborhoods. The federal banking regulatory agencies—the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC)—currently implement the CRA. The regulators issue CRA credits, or points, where banks engage in qualifying activities—such as mortgage, consumer, and business lending; community investments; and low-cost services that would benefit LMI areas and entities—that occur with a designated assessment area. These credits are then used to issue each bank a performance rating. The CRA requires these ratings be taken into account when banks apply for charters, branches, mergers, and acquisitions among other things. The CRA, which was enacted in 1977, was subsequently revised in 1989 to require public disclosure of bank CRA ratings to establish a four-tiered system of descriptive performance levels (i.e., Outstanding, Satisfactory, Needs to Improve, or Substantial Noncompliance). In 1995, the CRA examination was customized to account for differences in bank sizes and business models. In 2005, the bank size definitions were revised and indexed to the Consumer Price Index. The 2005 amendments also expanded opportunities for banks to earn CRA credit for public welfare investments (such as providing housing, services, or jobs that primarily benefit LMI individuals). Qualifying activities under the CRA have evolved to include consumer and business lending, community investments, and low-cost services that would benefit LMI areas and entities. Congressional interest in the CRA stems from various perceptions of its effectiveness. Some have argued that, by encouraging lending in LMI neighborhoods, the CRA may also encourage the issuance of higher-risk loans to borrowers likely to have repayment problems (under the presumption that low-income is correlated with lower creditworthiness), which can translate into losses for lenders. Others are concerned that the CRA is not generating sufficient incentives to increase credit availability to qualified LMI borrowers, which may impede economic recovery for some, particularly following the 2007-2009 recession. This report informs the congressional debate concerning the CRA's effectiveness in incentivizing bank lending and investment activity to LMI borrowers. After a discussion of the CRA's origins, it presents the CRA's examination process and bank activities that are eligible for consideration of CRA credits. Next, it discusses the difficulty of determining the CRA's influence on bank behavior. For example, the CRA does not specify the quality and quantity of CRA-qualifying activities, meaning that compliance with the CRA does not require adherence to lending quotas or benchmarks. In the absence of benchmarks, determining the extent to which CRA incentives have influenced LMI credit availability relative to other factors is not straightforward. Banks also face a variety of financial incentives—for example, capital requirements, the prevailing interest rate environment, changes in tax laws, and technological innovations—that influence how much (or how little) they lend to LMI borrowers. Because multiple financial profit incentives and CRA incentives tend to exist simultaneously, it is difficult to determine the extent to which CRA incentives have influenced LMI credit availability relative to other factors.

prompt_front: You are given two reports by the government agency.



Question: Write a one-page summary of the report 2.

Report 1: DOD has defined various types of unwanted sexual behaviors, including sexual assault, sexual harassment, and domestic violence  Sexual assault: DOD defines sexual assault as intentional sexual contact, characterized by use of force, threats, intimidation, abuse of authority, or when the victim does not or cannot consent  The term includes a broad category of sexual offenses consisting of the following specific Uniform Code of Military Justice offenses: rape, sexual assault, aggravated sexual contact, abusive sexual contact, forcible sodomy (forced oral or anal sex), or attempts to commit these acts  Sexual harassment: DOD defines sexual harassment as a form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of a person’s job, pay, or career; (2) submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive working environment  However, as noted earlier, a provision of the NDAA for FY 2017 changed the definition of sexual harassment for the military for purposes of investigations by commanding officers so that it is no longer defined solely as a form of sex discrimination, but is recognized as an adverse behavior on the spectrum of behavior that can contribute to an increase in the incidence of sexual assault  We discuss this changed definition of sexual harassment later in this report  Domestic violence: DOD defines domestic violence as an offense under the United States Code, the Uniform Code of Military Justice, or state law involving the use, attempted use, or threatened use of force or violence against a person, or a violation of a lawful order issued for the protection of a person who is a current or former spouse, a person with whom the abuser shares a child in common or a current or former intimate partner with whom the abuser shares or has shared a common domicile  Sexual assault of spouses and intimate partners is a subset of domestic violence  Various offices and organizations within DOD play a role in addressing unwanted sexual behaviors in the military  The Under Secretary of Defense for Personnel and Readiness is responsible for developing the overall policy and guidance for the department’s efforts to prevent and respond to instances of sexual assault, except for criminal investigative policy matters assigned to the DOD Inspector General and legal processes in the Uniform Code of Military Justice  The Under Secretary of Defense for Personnel and Readiness oversees the Sexual Assault Prevention and Response Office (SAPRO), which serves as the department’s single point of authority, accountability, and oversight for its sexual assault prevention and response program  The responsibilities of the Under Secretary of Defense for Personnel and Readiness and SAPRO with regard to sexual assault prevention and response include providing the military services with guidance and technical support and facilitating the identification and resolution of issues; developing programs, policies, and training standards for the prevention of, reporting of, and response to sexual assault; developing strategic program guidance and joint planning objectives; overseeing the department’s collection and maintenance of data on reported alleged sexual assaults involving servicemembers; establishing mechanisms to measure the effectiveness of the department’s sexual assault prevention and response program; and preparing the department’s mandated annual reports to Congress on sexual assaults involving servicemembers  The Secretaries of the military departments are responsible for establishing policies for preventing and responding to sexual assault within their respective military service, and for ensuring compliance with DOD’s policy  Further, they are responsible for establishing policies that ensure commander accountability for program implementation and execution  Each military service has established an office that is responsible for overseeing and managing the military service’s sexual assault prevention and response program  Each military service also maintains a primary policy document on its sexual assault prevention and response program  Much like DOD’s directive and instruction on sexual assault prevention and response, the military service policies outline responsibilities of relevant stakeholders, including commanders, sexual assault response coordinators, and victim advocates and training requirements for all personnel  The Under Secretary of Defense for Personnel and Readiness has responsibility for developing the overall policy for DOD’s military equal opportunity program and monitoring compliance with the department’s policy  According to the policy, all servicemembers are afforded equal opportunity in an environment free from harassment, including sexual harassment, and unlawful discrimination on the basis of race, color, national origin, religion, sex (including gender), and sexual orientation  The chain of command is used as the primary and preferred channel to (1) identify and correct unlawful discrimination practices, (2) process and resolve complaints of unlawful discrimination or harassment, to include sexual, and (3) ensure that military equal opportunity matters are taken seriously and acted on as necessary  The Office of Diversity Management and Equal Opportunity (ODMEO) oversees the department’s efforts to promote equal opportunity, diversity, and inclusion management, and to help prevent unlawful discrimination and harassment throughout DOD  The Defense Equal Opportunity Management Institute develops training and studies on equal opportunity  Behaviors under the purview of the military equal opportunity program include unlawful discrimination on the basis of color, national origin, race, religion, or sex  The Secretaries of the military departments are responsible for developing policies to prevent unlawful discrimination and harassment, (including sexual harassment), ensuring compliance with DOD’s policy, and establishing both formal and informal means of resolving complaints  The chain of command is the primary and preferred channel for identifying and correcting discriminatory practices and resolving servicemembers’ complaints of sexual harassment  The military services encourage servicemembers to resolve any complaints of sexual harassment they may have at the lowest possible level first  For servicemembers who wish to report a complaint of sexual harassment, DOD provides two complaint options—formal and informal  A formal complaint is an allegation of sexual harassment that a complainant submits in writing to the authority designated for the receipt of such complaints in military service implementing guidance  Formal complaints require specific actions to be taken, are subject to timelines, and require documentation of the actions taken, in accordance with federal law  In contrast, an informal complaint is an allegation of sexual harassment, made either orally or in writing, which is not submitted as a formal complaint  Informal complaints may be resolved directly by the complainant, such as by confronting the individual or by involving another individual or the chain of command  Servicemembers who elect to resolve their complaints informally may submit a formal complaint if they are dissatisfied with the outcome of the informal process  In 2014, DOD directed the military services to develop implementing instructions and mechanisms for reporting instances of sexual harassment anonymously  The Deputy Assistant Secretary of Defense for Military Community and Family Policy under the Under Secretary of Defense for Personnel and Readiness is responsible for the development and oversight of policy for the military departments to implement a coordinated community response approach to addressing domestic abuse  The DOD Family Advocacy Program (FAP) office provides guidance and technical assistance to the military departments and DOD components to support their efforts to address, among other things, domestic abuse  The Secretaries of the military departments are responsible for developing military service-wide policies, supplementary standards, and instructions to provide for the requirements within their respective installations FAPs  Each military service has established a FAP that is responsible for overseeing and managing, among other things, the installation-level FAPs and the military service’s domestic violence and domestic abuse prevention and response programs  When domestic abuse does occur, the military service installation FAP conducts a risk assessment and works to ensure the safety of the victims and help military families overcome the effects as well as change destructive patterns  CDC is one of the major operating components of the Department of Health and Human Services, which serves as the federal government’s principal agency for protecting the health of U S  citizens  As part of its health-related mission, CDC serves as the national focal point for developing and applying disease prevention and control, environmental health, and health promotion and education activities  CDC, among other things, conducts research to enhance prevention, develops and advocates public health policies, implements prevention strategies, promotes healthy behaviors, fosters safe and healthful environments, and provides associated training  In 1992, CDC established the National Center for Injury Prevention and Control as the lead federal organization for violence prevention  The center’s Division of Violence Prevention focuses on stopping violence, including sexual violence, before it begins and works to achieve this by conducting research on the factors that put people at risk for violence, examining the effective adoption and dissemination of prevention strategies, and evaluating the effectiveness of violence prevention programs  In 2004, CDC published a framework for effective sexual violence prevention strategies  This framework includes prevention concepts and strategies, such as identifying risk and protective factors (i e , factors that may put a person at risk for committing sexual assault or that, alternatively, may prevent harm)  CDC’s framework defines sexual violence as including non-contact unwanted sexual behaviors, sexual harassment, and physical sexual assault  DOD has acknowledged that connections exist across the continuum of unwanted sexual behaviors including sexual harassment and sexual assault and that this continuum of harm is reflected in key documents that guide prevention and response activities  For example, SAPRO has also reported that certain behavior and activities, such as hazing, can lead to sexual assault  Additionally, DOD’s Prevention Roundtable and 2014- 2016 Sexual Assault Prevention Strategy have both adopted CDC’s definition of “prevention” as it applies to sexual violence  CDC defines sexual violence to include sexual harassment and sexual assault  In 2014 and 2017, DOD contracted with RAND to conduct independent assessments of behaviors across the continuum of harm, including sexual assault and sexual harassment  In its 2014 report, RAND found that (1) 34 percent of male servicemembers who were surveyed reported that the sexual assault was part of a hazing incident, (2) servicemembers who experienced sexual harassment or gender discrimination in the past year also experienced higher rates of sexual assault, and (3) approximately one-third of servicemembers who are sexually assaulted stated the offender sexually harassed them before the assault  In its 2017 report, RAND found that (1) people are more likely to engage in problematic behaviors, such as sexual harassment, if that person perceives that peers and leaders condone those actions and (2) some organizations responsible for addressing unlawful discrimination and sexual harassment lack adequate policies, plans, information systems, and resources needed to establish a departmental approach to certain behavioral issues, inform senior leadership about these problems, and ensure that leadership’s decisions about problematic behaviors are uniformly enforced  CDC research revealed that behaviors such as bullying and homophobic teasing in early adolescence are significant predictors of sexual harassment over time  According to the CDC, these youth are at an increased potential to perpetrate sexual violence and engage in sexually harassing behavior  In response, CDC recommends that communities work to prevent all types of violence from occurring and coordinate and integrate responses to violence in a way that recognizes these connections  CDC’s research has also established that survivors of one form of violence are more likely to be victims of other forms of violence, that survivors of violence are at higher risk for behaving violently, and that people who behave violently are more likely to commit other forms of violence  Further, CDC states that violence prevention and intervention efforts that focus on only one form of violence can be broadened to address multiple, connected forms of violence to increase the public health impact  DOD’s policies on sexual harassment include some but not all of CDC’s principles and most relevant legislative elements  OSD and military service-specific sexual harassment policies generally include prevention strategies that CDC has identified in its principles for sexual violence prevention but leave out risk and protective factors, as well as risk domains  Additionally, DOD’s sexual harassment policies include most elements identified in section 579 of the NDAA for FY 2013, but do not consistently include mechanisms for anonymous reporting  ODMEO officials stated that they plan to issue a new policy that is intended to focus on sexual harassment and other forms of harassment, but it is too early to know whether that policy will include all the CDC principles or mechanisms for anonymous reporting  We also noted during our review that most existing policies have not yet been updated to reflect a provision in the fiscal year 2017 NDAA that redefined sexual harassment for certain purposes so it is no longer defined solely as a form of sex discrimination but is recognized also as an adverse behavior on the spectrum of behaviors that can contribute to an increase in the incidence of sexual assault  DOD’s sexual harassment policies include some of the principles that have been developed by CDC as part of a framework for preventing sexual violence, but other principles are not included  OSD includes sexual harassment as part of its broader military equal opportunity policy  It addresses, among other things, processes for preventing and responding to cases of discrimination, including sexual harassment; education and training in equal opportunity; and complaints processing  The military services’ policies on sexual harassment cover similar topics, such as chain of command responsibilities, complaint processing, and definitions for sexual harassment; however, they have some differences  For example, while all policies include provisions on sexual harassment prevention training, the Army’s and the Navy’s policies include specific characteristics of effective training  Both policies also specify what should be included in trainings for different levels of the chain of command  The Marine Corps and Air Force policies simply state that commanders must conduct sexual harassment prevention training  CDC’s framework defines sexual violence as including non-contact unwanted sexual behaviors, sexual harassment, and physical sexual assault  We applied six principles for sexual violence prevention from CDC’s framework to DOD’s sexual harassment policies  These principles are: Risk factors: Factors that may put people at risk for sexual violence perpetration or victimization, such as an organizational climate that either explicitly or implicitly condones sexual harassment  Protective factors: Factors that may protect high-risk people from harm, such as an organizational climate that promotes respect amongst personnel at all levels  Primary strategies for prevention: Strategies that occur before sexual violence takes place to prevent initial perpetration, such as sexual harassment prevention training  Secondary strategies for prevention: Immediate responses after sexual violence has occurred to address the early identification of victims and the short-term consequences of violence, such as mechanisms for reporting instances of sexual harassment and immediate interventions  Tertiary strategies for prevention: Long-term responses after sexual violence has occurred to address the lasting consequences of violence and sex-offender treatment interventions, such as long-term treatment of the victim and perpetrator  Risk domains: Levels at which risk and protective factors should be categorized, including: individual, relationship, community, and societal  In its sexual assault prevention strategy, DOD adapted risk domains to the military population, using the levels of: individual, relationship, leaders at all levels, military community, and society  Our comparison of DOD sexual harassment policies with CDC’s framework for preventing sexual violence showed that the policies include some of the principles in the framework but not others (see table 1 ) Our analysis showed that the OSD and the Air Force policies each include two of the six principles in CDC’s framework, and the Army, the Navy, and the Marine Corps policies include three principles  Specifically, the policies generally identify sexual harassment prevention training for the armed forces, a primary strategy for prevention  In addition, the policies generally outline mechanisms for reporting and responding to sexual harassment, considered a secondary strategy for prevention  The Army, the Navy, and the Marine Corps policies outline counseling support and referral services, as well as specifying the options available for administrative or judicial punishment, including discharge from service for perpetrators, which can be considered to be tertiary strategies for prevention  Common elements missing from DOD’s sexual harassment policies are risk factors and protective factors, which identify conditions or behaviors that might heighten or lower the risk of sexual harassment victimization or perpetration, respectively  Examples of risk factors for sexual violence identified by the CDC include, but are not limited to, alcohol and drug use, hypermasculinity, emotionally unsupportive family environments, general tolerance of sexual violence within the community, and societal norms that support male superiority and sexual entitlement  Examples of protective factors from the CDC include emotional health and connectedness, and empathy and concern for how one’s actions affect others  Additionally, RAND identified an organizational climate that is oppositional to sexual violence as a protective factor  The policies also did not include risk domains, which would categorize risk and protective factors at the individual, relationship, community, and society levels  ODMEO officials told us that they are familiar with the CDC framework and are considering using it as a source of best practices for a new sexual harassment prevention strategy  DOD has previously used CDC’s sexual violence prevention framework to guide its sexual assault prevention strategy  In the absence of more comprehensive policies on sexual harassment that fully include principles in the CDC framework for sexual violence prevention, DOD may be missing opportunities to address and potentially reduce incidents of sexual harassment in the military population based on risk and protective factors and effective, tested strategies  Specifically, DOD may be missing the opportunity to identify risk factors, which would help to recognize situations where individuals and populations may be at a higher risk of sexual harassment perpetration or victimization; identify protective factors to lower the risk of sexual harassment; develop mechanisms to address sexual harassment across risk domains—at the individual, relationship, community, and society levels; and develop tertiary strategies, or long-term responses after sexual violence has occurred to address the lasting consequences of violence and sex- offender treatment interventions  DOD’s sexual harassment policies include three elements required by section 579 of the NDAA for FY 2013 but some do not include one element involving the anonymous reporting of incidents  Section 579 mandated that DOD, among other things, develop a comprehensive sexual harassment policy that includes the following elements: (1) prevention training for members of the armed forces; (2) mechanisms for reporting sexual harassment, including mechanisms for anonymous reporting; and (3) mechanisms for resolving sexual harassment that include the prosecution of perpetrators  In 2014, the Office of the Undersecretary of Defense for Personnel and Readiness issued a policy memorandum addressing the provisions of Section 579 and directed the military services to develop implementing instructions that include mechanisms for anonymous reporting  We compared DOD’s policies with the required elements in section 579 and found that OSD and military service policies generally include required elements except for the element focused on DOD including anonymous reporting in its policies for sexual harassment  The OSD, Army, and Marine Corps policies do not include anonymous reporting, while the Air Force policy and a new Navy policy do  Officials from ODMEO said that providing an option for anonymous reporting is important because it increases the odds that incidents will be reported  ODMEO officials also told us that the services have hotlines that servicemembers can use to anonymously report complaints of sexual harassment, and the Air Force and Navy policies note that their respective military servicemembers have options for anonymous reporting  While the military services may have mechanisms in place for anonymous reporting of sexual harassment, these mechanisms are not included in OSD’s policy—as required by section 579—or the policies of two of the Services, those of the Army and the Marine Corps  Without including anonymous reporting of sexual harassment complaints in DOD’s sexual harassment policies, the statutory requirement for anonymous reporting may be interpreted and applied inconsistently throughout the military services, or left unmet  OSD is developing a new policy—planned to be issued in fiscal year 2018—that will specifically focus on various forms of harassment, including sexual harassment, hazing, and bullying  ODMEO officials who are developing the new policy stated that it is intended, among other things, to enhance oversight of sexual harassment prevention and response within the department  However, because the policy is under development, it is too early to determine how the policy will address the CDC principles and anonymous reporting, as discussed earlier  Further, it is unclear how OSD plans to improve oversight and whether it intends to include performance goals, objectives, milestones, and metrics as we previously recommended in 2011  Although OSD in 2014 directed the military services to improve their oversight of sexual harassment, none of the military services were able to demonstrate that they had implemented all the required elements  Specifically, DOD’s 2014 policy memorandum addressing the provisions of section 579 also directs the military services to develop a sexual harassment oversight framework to be reviewed quarterly by a senior leadership forum that includes long-term goals, objectives, and milestones; criteria for measuring progress; results-oriented performance measures to assess effectiveness of service sexual harassment policies and programs; standards for holding leaders accountable for promoting, supporting, and enforcing policies, plans and programs; and strategies to implement the oversight framework  While some of the military services have included elements of the oversight framework directive from the 2014 policy memorandum, none of them were able to provide information that demonstrated that they had fulfilled all requirements set forth by that policy memorandum  For instance, when asked, none of the military services were able to provide details that they have senior leader forums that review their oversight efforts on a quarterly basis  Officials from the Air Force told us that they were waiting for ODMEO to release a new sexual harassment policy before establishing the oversight framework  Officials from the Navy referred us to their July 2017 sexual harassment policy, which instructs the Navy Sexual Harassment Prevention and Equal Opportunity Office to develop and implement standards for holding leaders accountable for promoting, supporting, and enforcing sexual harassment prevention and response policies, plans, and programs, and to develop results-oriented performance measures to assess the effectiveness of sexual harassment prevention and response policies and programs  Officials from the Army referred us to their SHARP Campaign Plan, which outlines methods to hold leaders accountable for taking appropriate action to address sexual harassment; goals and objectives for the program; and ways to measure program effectiveness  The Marine Corps did not respond to our request for information regarding an oversight framework for sexual harassment  A new department-wide policy on sexual harassment could be helpful to the military services as they review and update their respective policies  As noted earlier, military service policies have some differences in how they address aspects of sexual harassment  The Marine Corps told us that they have been waiting for additional guidance from OSD before updating their sexual harassment policies  However, following publicized incidents of Marines posting inappropriate photos on line of female servicemembers without their consent, the Marine Corps updated its guidance in May 2017 adding “the distribution or broadcasting of an intimate image, without consent” to its list of sexual harassment incidents that mandate separation processing  Additionally, in May 2017, a Marine Corps official said the service was revising its sexual harassment policy  The Navy updated its sexual harassment policy in July 2017 without additional guidance from OSD  We also noted during our review that most existing policies have not yet been updated to reflect a provision in the fiscal year 2017 NDAA that redefined sexual harassment for certain purposes so it is no longer defined solely as a form of sex discrimination but is recognized also as an adverse behavior on the spectrum of behavior that can contribute to an increase in the incidence of sexual assault  We asked DOD officials from several offices about the implications of this change  They identified some actions they will take, but the full implications, if any, of the change are unclear  Officials from the Assistant Secretary of Defense for Readiness said that there are no significant implications of the sexual harassment definition change beyond making conforming revisions to policy documents and guidance  ODMEO officials said that adjusting to the new definition of sexual harassment would not significantly affect their work at the OSD level, since they are already updating their sexual harassment policy to reflect this change and since sexual harassment is expected to remain within the responsibilities of ODMEO  They added that the military services will likely have to adjust to the new definition of sexual harassment, but did not offer details in how they would have to adjust  The Navy’s new policy dated July 2017 reflects the new definition, but the other military services have yet to incorporate the change  Officials from SAPRO said that they are working with ODMEO to revise surveys on unwanted sexual behaviors to reflect the new definition  SAPRO officials further stated that sexual harassment should remain under ODMEO’s purview since ODMEO personnel are trained specifically in sexual harassment response  Officials from the Army’s SHARP program said that the new definition means that sexual harassment will more often be considered misconduct, and taken more seriously  Since OSD is in the process of updating its policy, we are not making any recommendations  However, it will be important for OSD and the military services to address our prior recommendation regarding improving the oversight framework as well as incorporating the new definition of sexual harassment required by the fiscal year 2017 NDAA while updating their policies  DOD has processes for maintaining and reporting consistent data on sexual assault incidents and domestic violence incidents that involve sexual assault, but the department does not have similar assurance of consistent data on incidents of sexual harassment  SAPRO and FAP each use centralized databases that enable them to maintain and report consistent data on those incidents that fall under their purview  In contrast, DOD relies on military service-specific databases on sexual harassment incidents and does not have assurance of consistent data from these databases because it has not established standard data elements and definitions to guide the military services in maintaining and reporting these data  DOD uses centralized databases to maintain and report data on sexual assault incidents in the military and domestic violence incidents involving sexual assault  Specifically, SAPRO and the military services use the Defense Sexual Assault Incident Database (DSAID), and FAP uses the DOD Central Registry  These databases maintain data on incidents that are included in statutorily required annual reports to Congress on sexual assaults in the military  In 2011, Congress mandated that DOD provide annual reports that include: the number of sexual assaults committed against and by members of the armed forces that were reported to military officials, including unsubstantiated and substantiated reports with a synopsis of each substantiated case organized by offense and the action taken, including disciplinary actions; the policies, processes, and procedures implemented by the Secretary concerned during the year covered by the report in response to incidents of sexual assaults; the number of substantiated sexual assault cases in which the victim is deployed where the assailant is a foreign national; and a description of the implementation of the accessibility plan, including a description of the steps taken to ensure that trained personnel, appropriate supplies, and transportation resources are available to deployed units  The most recent DOD annual report on sexual assault was issued in May 2017 and covered fiscal year 2016  The report includes data on the number of both restricted and unrestricted reports of sexual assault involving servicemembers  The report also contains separate enclosures for the Army, the Navy (including the Marine Corps), the Air Force, and the National Guard, as well as annexes on the Workplace and Gender Relations Survey of Active Duty Members (WGRA) and the Military Investigation and Justice Experience Survey (MIJES)  The WGRA annex discusses topics including the continuum of harm and the MIJES annex contains information on closed cases of sexual assault  SAPRO and FAP both contributed sexual assault incident data to the fiscal year 2016 report, and our review of the underlying databases found that data elements and definitions were defined and management was able to process the data into consistent information  Specifically, the two databases used are the: DSAID Data on Sexual Assault Incidents: DSAID captures DOD-wide data on certain incidents of sexual assault that involve a servicemember or in some cases, when a sexual assault involves a servicemember’s spouse or adult family member or a DOD civilian or contractor  However, FAP-related sexual assault incidents are not captured in DSAID  Using information generated by DSAID, SAPRO includes both substantiated and unsubstantiated reports of sexual assault in its annual report  In 2017, we reviewed DSAID and found that DOD had taken steps to ensure the quality and consistency of data in DSAID as well as to monitor the data entered into the system  In addition, OSD had provided the military services with definitions for required data elements in the database, which include details on the incident, victim, and alleged offender  In addition, we identified several technical challenges with the system, including issues with the system’s speed and ease of use; interfaces with other external DOD databases; and users’ ability to query data and generate reports  At the time of the report’s release, DOD had plans to modify DSAID  As of July 2017, DOD officials told us that they are still in the process of making modifications to DSAID to resolve or alleviate the technical challenges for users  DOD Central Registry Data on Domestic Abuse Incidents Involving Sexual Assault: The DOD Central Registry captures DOD-wide data on reports of domestic abuse on populations within FAP’s purview, including on family members of servicemembers as well as on their intimate partners  The DOD Central Registry includes details of each case such as the status of cases, the demographics of the perpetrator and victim, the specific type of abuse, and other details surrounding the incident  FAP officials explained that they do not use the “substantiated” and “unsubstantiated” terminology like SAPRO does  Rather, FAP, which is not responsible for determining criminal or legal disposition, uses the terms “met criteria” and “not met criteria” for maltreatment  This difference in terminology has to do with FAP’s process for determining if an incident meets the clinical criteria to be classified as abuse for the purpose of developing an intervention/treatment plan for both the victim and the offenders involved in the allegations of domestic violence  Incidents that are determined as having met criteria are entered into the DOD Central Registry  We reviewed the DOD Central Registry and found that it includes well defined data elements and descriptions for collecting data on cases of domestic violence including those that involve sexual assault  The data in the DOD Central Registry includes 46 discrete data elements, including the relationship between the victim and perpetrator, the timeline of the case, and actions taken and treatments administered in response to the incident  The elements are defined and described in an OSD policy  In its annual reporting to Congress, FAP provides the number of domestic violence incidents involving sexual assault that met criteria and the total number of instances of domestic violence that did not meet criteria  However, FAP does not maintain or report data on the total number of reported domestic violence incidents that specifically involve sexual assault  That is because only the details of cases that meet criteria are recorded in the DOD Central Registry  A FAP official said that the military services likely have more detailed information about cases that did not meet the criteria, but it does not collect these data in the DOD Central Registry  A provision in the NDAA for FY 2017 requires DOD to submit an annual report on child abuse and domestic abuse incident data, including the number of incidents reported during the year involving the physical or sexual abuse of a spouse, intimate partner, or child  This report is to be submitted simultaneously with submission of DOD’s annual sexual assault report to Congress  FAP officials told us that they are currently working with SAPRO to ensure that all reported incidents of domestic violence involving sexual assault, including those that did not meet the criteria, are included in the annual sexual assault report  Though not required to do so, DOD has included sexual harassment incident data in an appendix of its annual report on sexual assault in the military  The appendix provides information on the total number of sexual harassment reports over the fiscal year and the total number of substantiated sexual harassment reports  It also breaks down complaints by sex, service, and pay grade  ODMEO generates the reported data through annual data calls to each military service; however, it does not have assurance that the services maintain consistent data on sexual harassment incidents consistent with federal standards of internal control  The military services maintain sexual harassment incident data in military service-specific databases, and there is no centralized database similar to DSAID or the Central Registry  The military service databases are intended to collect data on formal complaints  According to the military services, the Army, the Air Force, and the Marine Corps use web-based systems, and the Navy tracks data using an Excel spreadsheet  Each service has a discrete process for entering and performing quality checks on sexual harassment incident data in its respective database, as shown in table 2  Although the military services perform some data quality checks as shown in table 2, ODMEO does not have assurance the military services are maintaining consistent data because it has not defined standard data elements and definitions for the information in their databases  Rather, the individual military services have established their own data elements and definitions  We compared data elements and definitions from each of the military services and found that there are several data elements that remain consistent throughout the services  For example, each military service records whether the complainant and offender are in the same unit, what their relationship is to each other, and the disposition of cases  However, we also found inconsistencies in data fields and their definitions across the military services, and some of the military services have data fields and definitions that do not exist in other databases  For example, the Marine Corps records whether or not the incident involves alcohol or drug use, which the rest of the military services do not record, and the military services record dates differently between their respective databases  For example, the Air Force records an initial date, the date the complaint form was signed, the date the general court martial was sent, the date the legal review was completed, and the final review date  The Marine Corps records the date the incident was reported, the date the incident occurred and whether the incident occurred over multiple dates; the dates associated with notifications and status updates to general courts martial proceedings; the dates associated with steps in the investigation, including any extensions; the dates associated with dispositions; and the dates associated with appeals  Additionally, the military services have different ways of categorizing sexual harassment incidents, as shown in table 3  As shown in table 3, while some data descriptions are similar—for instance, each of the military services include crude/offensive behavior, unwanted sexual attention, and sexual coercion—there are differences as well  The Air Force also categorizes sexual harassment into verbal, nonverbal, physical, and other, for example, whereas the other military services’ top-level categories are different  The Navy has a “not applicable” category that it describes as sexual harassment complaints that do not fall under sexual harassment, and only the Air Force has an “other” category


Report 2:  Because the military services have different descriptors for similar data fields, DOD cannot ensure that the services are categorizing similar types of sexual harassment in the same way  In addition, we found that the Army is more detailed in characterizing different types of sexual harassment  Specifically, as shown in table 4, the Army has an additional data field that provides more detailed descriptions of three types of sexual harassment; the other military services’ respective databases do not have this level of detail  Because the Army has this additional data field, it can capture information on multiple types of harassment that may occur in a single incident  The other military services, in contrast, do not have this capability in their respective databases  To illustrate, if one case of sexual harassment involved both verbal and nonverbal forms of sexual harassment, the Army could choose a more specific characterization to describe the incident, while the other military services would characterize the incident in more general terms  ODMEO officials are considering adapting an existing system to track instances of sexual harassment department-wide  That system, called Force Risk Reduction (FR2), is currently used to track safety issues like military injuries, civilian workers’ compensation claims, and casualty notifications at DOD  ODMEO recently completed a pilot of the system with the Marine Corps, the Navy, and the Army to test whether it would be useable for adaptation for sexual harassment data, and is planning a second pilot to include the Air Force and the National Guard Bureau  According to ODMEO officials, their adaptation of FR2 is intended to collect aggregate-level sexual harassment data from the military services, and the military services will continue to operate and rely on their individual databases to maintain more detailed case-level information on incidents  For example, ODMEO’s adaptation of FR2 would not have details such as descriptions of specific incidents, or information on dates associated with investigations or appeals  These types of data will continue to be maintained in the service systems  ODMEO officials told us that their new data system, if implemented, is not designed to collect case-level details in order to avoid personally identifiable information  Federal internal control standards state that management should define the identified information requirements at the relevant level and requisite specificity for appropriate personnel  Management should also process the obtained data into quality information  Consistency of information meets the identified information requirements when relevant data from reliable sources are used  While DOD is exploring implementing a system to track instances of sexual harassment department-wide, as currently planned this system will not collect case-level details and individual military service systems will continue to be relied upon for this type of information  Inconsistencies in data elements and definitions among the military services generally mean that one military service may be maintaining sexual harassment data that are more or less detailed than sexual harassment data maintained by other military services, or that is simply different from the data maintained by other military services  Additionally, inconsistent data elements and definitions may create difficulties in reporting sexual harassment data from the military services to OSD for a department-wide report, since ODMEO has to adapt data from the services to fit reporting requirements  Without standard data elements and definitions for sexual harassment data, DOD will continue to lack assurance about the consistency of these data across the military services  DOD has several overarching efforts to address unwanted sexual behaviors across the continuum of harm  Specifically, the department established an office to oversee the integration and coordination of unwanted sexual behaviors in 2015 and is in the process of developing an overarching prevention strategy  However, because the strategy is under development, it is unclear whether it will contain key elements for long-term and results-oriented strategic planning  DOD also has ongoing collaborative efforts to address unwanted sexual behaviors along the continuum of harm  Specifically, we identified 15 collaborative efforts, including regular meetings, Integrated Product Teams, and working groups that involve multiple entities that address unwanted sexual behaviors  DOD has taken steps to integrate activities related to the continuum of harm and is in the process of developing an overarching prevention strategy  Based on its research, DOD has sought to understand and define the continuum of harm, including the shared characteristics that contribute to increased unwanted sexual behaviors along the continuum and implications for prevention and response efforts  Also, in November 2015, DOD established a new entity—the Office of the Executive Director for Force Resiliency, within the Office of the Assistant Secretary of Defense for Readiness—to oversee policies and initiatives related to the continuum of harm  Specifically, the Executive Director for Force Resiliency was expected to provide senior leader policy guidance and oversight on high visibility departments that include SAPRO and ODMEO  In November 2016, the Office of the Executive Director for Force Resiliency was absorbed under the Assistant Secretary of Defense for Readiness  According to the Assistant Secretary of Defense for Readiness, the functions of the Office of the Executive Director for Force Resiliency remain and coordination of the efforts of several offices that address the continuum of harm continues  Officials from the Assistant Secretary of Defense for Readiness and SAPRO told us that they are drafting an overarching prevention strategy to encompass behaviors along the continuum of harm  However, because the strategy is still under development, its contents and timelines are unclear  We have previously identified six elements of strategic management planning that are key for establishing a long-term, results- oriented strategic planning framework: (1) a mission statement, (2) long- term goals, (3) strategies to achieve goals, (4) external factors that could affect goals, (5) the use of metrics to gauge progress, and (6) evaluations of the plan to monitor goals and objectives  By incorporating the elements of a comprehensive and results-oriented strategy into its overarching prevention strategy, the department will be better positioned to effectively coordinate and integrate prevention activities and reduce unwanted sexual behaviors  A mission statement, along with long-term goals and strategies to achieve those goals, should help to focus efforts in integrating prevention activities, and metrics and evaluations will allow the department to gauge progress and make changes as necessary, while also accounting for external factors that may impact progress towards goals  Our review identified 15 collaborative efforts that DOD has used to address behaviors along the continuum of harm, including sexual harassment, sexual assault, and domestic violence involving sexual assault  Three of these efforts are cross-cutting between all three of the key OSD stakeholders—ODMEO, FAP, and SAPRO—and five involve cross-cutting efforts by at least two of the key stakeholders  Figure 1 lists DOD’s 15 collaborative efforts  Regarding the three cross-cutting efforts involving all three of the key stakeholders, The Sexual Assault Prevention and Response Integrated Product Team provides a forum for OSD, the military departments, and the National Guard Bureau to address sexual assault prevention efforts  The team meets bimonthly and serves as the implementation and oversight arm for DOD’s Sexual Assault Prevention and Response (SAPR) program  The team also coordinates new policies; reviews existing SAPR policies and programs to ensure they are consistent with applicable instructions; and monitors the progress of program elements including DOD’s SAPR strategic plan tasks, DOD’s sexual assault prevention strategy tasks, and implementation of NDAA- related sexual assault issues  SAPRO leads this effort  The Prevention Collaboration Forum and working group develops coordinated prevention approaches that address factors impacting personnel readiness such as sexual harassment, sexual assault, and domestic violence involving sexual assault  According to its proposed charter, the focus of the forum is on enhancing the health of military unit and family climates as well as strengthening and promoting the resiliency and readiness of the total force through a coordinated effort around integrated policies, collaborative direction of research, alignment of resources, analysis of gaps, and synchronization of activities  The Assistant Secretary of Defense for Readiness leads this effort with SAPRO providing administrative and facilitation support  The Victim Assistance Leadership Council advises the Under Secretary of Defense for Personnel and Readiness on policies and practices related to victim assistance across DOD  According to its charter, the council provides a forum for senior leaders to exchange information and collaborate on issues affecting victims of all forms of crime and harassment within DOD, including but not limited to victims of sexual harassment, sexual assault, and domestic violence involving sexual abuse  Leadership rotates between SAPRO, FAP, and ODMEO and other offices  Regarding the cross-cutting efforts involving two of the three key stakeholders, the Sexual Harassment Prevention and Response Working Group is led by ODMEO and includes SAPRO  The group was established to evaluate how to best position sexual harassment prevention and response policy and oversight and to leverage technology to automate annual reporting requirements  The four other cross-cutting efforts are (1) the hazing and bullying working group, (2) retaliation working groups created under the SAPR Integrated Process Team, (3) domestic abuse rapid improvement events, and (4) ODMEO and SHARP meetings  The remaining collaborative efforts we identified are specific to FAP, SAPRO, and ODMEO  For example, the Sexual Assault Prevention Roundtable is a forum for representatives from OSD, the military departments, and the National Guard Bureau to share information on sexual assault prevention efforts and requirements  According to its charter, the roundtable’s activities include, among other things, sharing promising practices and prevention updates; discussing challenges in prevention program implementation, including servicemember training, and identifying approaches to address them; identifying metrics to assess the impact and effectiveness of prevention efforts, and opportunities to collaborate on research projects; and tracking the implementation of prevention tasks identified in the DOD SAPR strategy  SAPRO leads this effort  The Defense Diversity Working Group is an ODMEO-specific group that collaborates with various OSD and military service offices on military and civilian diversity and inclusion issues and implements mandated diversity plans and programs  Studies by DOD and others have shown that unwanted sexual behaviors do not exist in isolation but are part of a range of interconnected, inappropriate behaviors that are connected to the occurrence of a sexual assault  While DOD has policies and procedures to prevent and respond to these types of unwanted behaviors, some of the policies do not include key elements like anonymous reporting of sexual harassment and principles in the CDC framework for sexual violence prevention  Fully including these elements in the department’s policies can help ensure that the military services are interpreting and applying prevention and response efforts consistently and may also decrease the risk of perpetration or victimization related to instances on unwanted sexual behaviors  Further, DOD has developed reliable data systems for collecting and reporting data on some of the unwanted sexual behaviors including sexual assault and instances of domestic violence with sexual assault  However, inconsistencies in sexual harassment data elements and definitions may be creating difficulties in developing department-wide reports on unwanted sexual behaviors  Improving and standardizing data collection efforts will not only improve the quality of data that DOD and the military services collect but may also increase the ability for DOD to further develop its understanding of the connection between unwanted sexual behaviors  Finally, DOD officials have stated that they are in the early stages of developing an overarching strategy to address the interconnected nature of the range of unwanted sexual behaviors  To ensure that the department is appropriately concentrating its efforts to prevent and respond to the full range of unwanted behaviors, it is important that DOD include elements of a long-term, results-oriented strategy into its overarching prevention strategy  In doing so, DOD will be in a better position to effectively coordinate and integrate prevention activities and ultimately reduce instances of unwanted sexual behaviors  We are making the following four recommendations to DOD: The Under Secretary of Defense for Personnel and Readiness should fully include in the new policy for sexual harassment the principles in the Centers for Disease Control’s framework for sexual violence prevention, including risk and protective factors, risk domains, and tertiary strategies  (Recommendation 1) The Under Secretary of Defense for Personnel and Readiness should include in the new policy for sexual harassment mechanisms for anonymous reporting of incidents consistent with section 579 of the National Defense Authorization Act for FY 2013  (Recommendation 2) The Under Secretary of Defense for Personnel and Readiness should (1) direct the Office of Diversity Management and Equal Opportunity to develop standard data elements and definitions for maintaining and reporting information on sexual harassment incidents at the military service level, and (2) direct the military services to incorporate these data elements and definitions into their military service-specific databases  (Recommendation 3) The Under Secretary of Defense for Personnel and Readiness should direct the Assistant Secretary of Defense for Readiness to incorporate in its continuum of harm prevention strategy all the elements that are key for establishing a long-term, results-oriented strategic planning framework  The elements are (1) a mission statement, (2) long-term goals, (3) strategies to achieve goals, (4) external factors that could affect goals, (5) use of metrics to gauge progress, and (6) evaluations of the plan to monitor goals and objectives  (Recommendation 4) We provided a draft of this report to DOD and CDC for review and comment  In its written comments, DOD concurred with three recommendations and partially concurred with one, noting planned actions to address this recommendation  DOD’s comments are reprinted in their entirety in appendix II  DOD and CDC also provided technical comments, which we incorporated into the report as appropriate  DOD concurred with our three recommendations that DOD fully include in the new policy for sexual harassment the principles in the CDC's framework for sexual violence prevention, that DOD also include in the new sexual harassment policy mechanisms for anonymous reporting, and that DOD incorporate in its continuum of harm strategy all the elements that are key for establishing a long-term, results-oriented strategic planning framework  With regard to our recommendation that DOD develop standard data elements and definitions for maintaining and reporting information on sexual harassment incidents and direct the military services to incorporate these into their databases, DOD partially concurred and stated that while a 2013 policy memorandum provides standard data elements and definitions, the services collect other data elements based on their unique needs  DOD stated that ODMEO will conduct a review to determine compliance with DOD reporting requirements and identify emerging policy modifications or changes/additions to standard definitions  We are sending copies of this report to the appropriate congressional committees, the Secretary of Defense, the Under Secretary of Defense for Personnel and Readiness, and the Director, Centers for Disease Control and Prevention  In addition, the report is available at no charge on the GAO website http://www gao gov  If you or your staff have any questions about this report, please contact me at (202) 512-3604 or farrellb@gao gov  Contact points for our Offices of Congressional Relations and Public Affairs may be found on the last page of this report  GAO staff who made key contributions to this report are listed in appendix III  To determine the extent to which the Department of Defense (DOD) has policies on sexual harassment that include Centers for Disease Control and Prevention (CDC) principles and relevant legislative elements, we obtained and reviewed Office of the Secretary of Defense (OSD) and service-level sexual harassment policies  We compared the policies with a framework developed by the CDC for preventing sexual violence, which CDC defines as including non-contact unwanted sexual behaviors, sexual harassment, and physical sexual assault  CDC’s model is based on the concept of addressing the health of a given population based on common risk and protective factors and effective, tested strategies  We reviewed CDC’s framework for preventing sexual violence as well as our report on DOD’s sexual assault prevention strategy to identify six principles that an organization can include in a sexual violence prevention strategy or policy: Risk factors: Factors that may put people at risk for sexual violence perpetration or victimization, such as an organizational climate that either explicitly or implicitly condones sexual harassment; Protective factors: Factors that may protect high-risk people from harm, such as an organizational climate that promotes respect among personnel at all levels; Primary strategies for prevention: Strategies that occur before sexual violence takes place to prevent initial perpetration, such as sexual harassment prevention training; Secondary strategies for prevention: Immediate responses after sexual violence has occurred to address the early identification of victims and the short-term consequences of violence, such as reporting mechanisms and immediate interventions; Tertiary strategies for prevention: Long-term responses after sexual violence has occurred to address the lasting consequences of violence and sex-offender treatment interventions, such as the long- term treatment of the victim and perpetrator; and Risk domains: Levels at which risk and protective factors should be categorized, including: individual, relationship, community, and society  DOD has previously adapted risk domains to the military population, using the levels of: individual, relationship, leaders at all levels, military community, and society  DOD previously used CDC’s framework for preventing sexual violence in the department’s 2014-2016 Sexual Assault Prevention Strategy  In addition, we reviewed the OSD and service-level sexual harassment policies to determine the extent to which they included three elements identified in the National Defense Authorization Act (NDAA) for FY 2013, which directed DOD to develop a comprehensive policy that includes sexual harassment prevention training for the armed forces; mechanisms for reporting incidents, including mechanisms for anonymous reporting; and mechanisms for responding to and resolving instances of sexual harassment, including for the prosecution of perpetrators  Two GAO analysts independently reviewed the policies and determined whether or not each element was included  Any discrepancies were resolved through discussion and consultation with a third analyst  We interviewed officials in the Under Secretary of Defense for Personnel and Readiness’ Office of Diversity Management and Equal Opportunity, who oversee department- wide policy on sexual harassment, to obtain an understanding of their roles and processes regarding sexual harassment as well as the status of policy development in that area  We also interviewed officials from military equal opportunity offices in the Air Force, the Navy, and the Marine Corps, as well as officials from the Army’s Sexual Harassment/Assault Response and Prevention Office to obtain an understanding of the service sexual harassment offices and roles, as well as the status of updates to their respective policies  To determine the extent to which DOD has processes for maintaining and reporting consistent data on incidents of unwanted sexual behaviors, we reviewed DOD reports to Congress that provide incident data regarding unwanted sexual behaviors, including DOD’s most recent annual report on sexual assault in the military  We identified the databases that generate the reported data and evaluated the processes for assuring the quality and consistency of data in those databases—including the Defense Sexual Assault Incident Database, which maintains sexual assault data; the Central Registry database, which maintains data on domestic violence involving sexual assault; and various military service- level databases that maintain sexual harassment data  To evaluate DOD’s reported data we reviewed pertinent statutory provisions, DOD guidance, and the Standards for Internal Control in the Federal Government that address agencies’ use of quality data and our prior reports evaluating sexual assault data  In evaluating the reported data, we obtained and reviewed statutory provisions with reporting requirements, as well as DOD guidance on data collection for sexual harassment, sexual assault, and domestic violence involving sexual abuse  With regard to DOD efforts to collect and maintain sexual assault data, we met with OSD, Navy, Air Force, and Marine Corps officials in their respective Sexual Assault Prevention and Response offices as well as officials in the Army’s Sexual Harassment/Assault Response and Prevention office  We also reviewed our prior report on DOD’s Defense Sexual Assault Incident Database and our prior report that evaluated sexual assault data across agencies  To determine whether DOD has processes for collecting and maintaining consistent data for domestic violence with sexual assault, we obtained and compared data elements and processes from DOD’s Central Registry database, which contains data for domestic violence throughout the department  We also obtained and reviewed policies that outline processes for collecting and reporting domestic violence involving sexual abuse data, and interviewed officials from Family Advocacy Program offices in OSD and the Army, Navy, Marine Corps, and Air Force to determine data reliability and comprehensiveness  To determine the extent to which reports of sexual assault, including reports of sexual assault among servicemembers and reports of domestic abuse involving sexual assault, meet statutory requirements for reporting, we reviewed DOD reports to Congress that provide sexual assault incident data, including DOD’s most recent annual report on sexual assault in the military and compared those reports with requirements in the NDAA for FY 2011, which directs DOD to report the total number of substantiated and unsubstantiated sexual assault incidents, among other things  With regard to sexual harassment data, we interviewed officials in the Under Secretary of Defense for Personnel and Readiness’ Office of Diversity Management and Equal Opportunity, as well as officials from the Military Equal Opportunity offices in the Air Force, Marine Corps, and Navy, and officials from the Army Sexual Harassment/Assault Response and Prevention office  We collected and compared data fields and data definitions from the Army, Navy, Marine Corps, and Air Force offices that address sexual harassment  We compared the data elements to determine whether the data elements and definitions across the services are consistent  To identify the extent to which DOD has overarching efforts, including a prevention strategy, to address unwanted sexual behaviors across the continuum of harm, we met with officials in the Office of the Assistant Secretary of Defense for Readiness and DOD’s Sexual Assault Prevention and Response office  We reviewed our prior work and provisions from the Government Performance and Results Act to identify key elements that should be included in strategic plans as well as standards for coordinating within agencies  Key elements include (1) mission statement, (2) long-term goals, (3) strategies to achieve goals, (4) external factors that could affect goals, (5) use of metrics to gauge progress, and (6) evaluations of the plan to monitor goals and objectives  We identified and reviewed coordinating mechanisms used by OSD and the service offices that guide and oversee efforts to address unwanted sexual behaviors  We reviewed DOD, RAND Corporation, and CDC reports that addressed the continuum of harm and the relationship between the various forms of unwanted sexual behaviors  We interviewed officials from OSD and service-level Sexual Assault Prevention and Response, Family Advocacy, and Military Equal Opportunity offices and the Army’s Sexual Harassment/Assault Response and Prevention to identify the various efforts in which they participate  We also collected and reviewed charters and meeting notes for integrated product teams and working groups to identify their intended purposes, their activities, their membership, and whether they involved multiple offices addressing unwanted sexual behaviors  In identifying DOD’s collaborative efforts, we also reviewed our prior work on collaboration among federal agencies but we did not assess the effectiveness of department’s collaborative efforts  We conducted this performance audit from August 2016 to December 2017 in accordance with generally accepted government auditing standards  Those standards require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objectives  We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives  In addition to the staff named above, key contributors to this report include Thomas Gosling (Assistant Director); Isabel Band; Matthew Bond; Vincent Buquicchio; Caroline DeCelles; Mae Jones; Kirsten Lauber; and Brian Pegram  Sexual Assault: Better Resource Management Needed to Improve Prevention and Response in the Army National Guard and Army Reserve  GAO-17-217  Washington, D C : February 27, 2017  Military Personnel: DOD Has Processes for Operating and Managing Its Sexual Assault Incident Database  GAO-17-99  Washington, D C : January 10, 2017  Sexual Violence Data: Actions Needed to Improve Clarity and Address Differences Across Federal Data Collection Efforts  GAO-16-546  Washington, D C : July 19, 2016  DOD and Coast Guard: Actions Needed to Increase Oversight and Management Information on Hazing Incidents Involving Servicemembers  GAO-16-226  Washington, D C : February 9, 2016  Sexual Assault: Actions Needed to Improve DOD’s Prevention Strategy and to Help Ensure It Is Effectively Implemented  GAO-16-61  Washington, D C : November 4, 2015  Military Personnel: Actions Needed to Address Sexual Assaults of Male Servicemembers  GAO-15-284  Washington, D C : March 19, 2015  Military Personnel: DOD Needs to Take Further Actions to Prevent Sexual Assault during Initial Military Training  GAO-14-806  Washington, D C : September 9, 2014  Military Personnel: DOD Has Taken Steps to Meet the Health Needs of Deployed Servicewomen, but Actions Are Needed to Enhance Care for Sexual Assault Victims  GAO-13-182  Washington, D C : January 29, 2013  Preventing Sexual Harassment: DOD Needs Greater Leadership Commitment and an Oversight Framework  GAO-11-809  Washington, D C : September 21, 2011  Military Justice: Oversight and Better Collaboration Needed for Sexual Assault Investigations and Adjudications  GAO-11-579  Washington, D C : June 22, 2011  Military Personnel: DOD’s and the Coast Guard’s Sexual Assault Prevention and Response Programs Need to Be Further Strengthened  GAO-10-405T  Washington, D C : February 24, 2010  Military Personnel: Additional Actions Are Needed to Strengthen DOD’s and the Coast Guard’s Sexual Assault Prevention and Response Programs  GAO-10-215  Washington, D C : February 3, 2010  Military Personnel: DOD’s and the Coast Guard’s Sexual Assault Prevention and Response Programs Face Implementation and Oversight Challenges  GAO-08-924  Washington, D C : August 29, 2008  Military Personnel: The DOD and Coast Guard Academies Have Taken Steps to Address Incidents of Sexual Harassment and Assault, but Greater Federal Oversight Is Needed  GAO-08-296  Washington, D C : January 17, 2008 

ground_truth: NSF has identified potential benefits and challenges associated with its use of rotators. Benefits include fresh perspectives and close connections to the scientific community, while challenges include staffing turnover and higher costs for some rotators compared with permanent employees. GAO was asked to review NSF's use and management of the IPA and VSEE rotator programs, among other things. This report examines (1) the number, costs, and uses of NSF rotators for fiscal year 2008 through fiscal year 2017; (2) the strategies NSF has used to manage rotator costs and the results of these efforts; and (3) the extent to which NSF has a workforce strategy for using rotators and has evaluated the results of its rotator programs. GAO analyzed summary-level data on NSF's rotators; reviewed key documents; interviewed NSF officials; conducted semistructured interviews with a nongeneralizable sample of rotators and permanent federal employees selected from different scientific directorates within NSF; and compared NSF's management of the program to key principles for effective strategic workforce planning. The numbers of rotators—outside scientists, engineers, and educators on temporary assignment—at the National Science Foundation (NSF) and their costs in proportion to other staff remained relatively stable in fiscal years 2008 through 2017. Most rotators joined NSF under its Intergovernmental Personnel Act (IPA) mobility program. IPA rotators comprised about 12 percent of NSF's workforce and 17 percent of staff costs on average and were not subject to a federal salary cap. They remain employees of their home institutions, with NSF reimbursing the institutions for most of their salaries and benefits. The remaining rotators are considered temporary federal employees under the Visiting Scientist, Engineer, and Educator (VSEE) program; their salaries could not exceed the federal maximum for their positions. Beginning in fiscal year 2017, NSF adopted IPA rotator program cost management strategies expected to achieve the greatest savings with the least harm to recruitment, but NSF officials said it is too soon to determine the full results. For example, for new IPA rotators who had not yet begun negotiating their assignments, NSF began requiring their home institutions to pay for 10 percent of the rotators' salary and benefits. NSF officials told GAO they expect to issue a report evaluating the strategies in December 2018. NSF's IPA program steering committee recommended developing a workforce strategy for balancing the agency's use of rotators with federal staff, but as of June 2018, NSF had not developed a strategy or fully evaluated the IPA and VSEE rotator programs' results, as called for by GAO's key principles for effective strategic workforce planning. NSF officials said they recognized the value of a workforce strategy but were focusing instead on other workforce planning efforts, and they had not fully evaluated program results in part because rotators are blended into the agency's permanent workforce, making a separate evaluation difficult. Without a workforce strategy and evaluation of results, NSF is limited in its ability to manage and, if warranted, adjust its use of rotators. GAO recommends that NSF develop an agency-wide strategy for balancing the agency's use of rotators with permanent staff and evaluate the contributions of its rotator programs toward NSF's human capital goals and programmatic results. NSF agreed with GAO's recommendations.