Military Personnel: DOD's Predatory Lending Report Addressed
Mandated Issues, but Support Is Limited for Some Findings and
Recommendations (31-AUG-07, GAO-07-1148R).
Serious financial problems can adversely affect unit morale and
readiness as well as servicemembers' credit histories and
military careers. If servicemembers experience serious financial
problems, they may be subject to adverse actions such as loss of
security clearances, criminal or nonjudicial sanctions, or
adverse personnel actions including possible discharge from the
military. The Department of Defense's (DOD) Social Compact, which
is part of its human capital plan, notes that mission readiness
and quality of life depend on whether servicemembers use their
financial resources responsibly. For these reasons, Congress and
DOD officials have expressed concerns about servicemembers'
financial conditions. DOD is particularly concerned about the use
and effects of certain consumer loans that DOD identified as
being predatory. The 2006 National Defense Authorization Act
required DOD to issue a report on predatory lending directed at
servicemembers and their dependents. The mandate required DOD's
report to include: (1) a description of the prevalence of
predatory lending practices directed at servicemembers and their
families; (2) an assessment of the effects of predatory lending
on servicemembers and their families; (3) a description of DOD's
strategies and programs to educate servicemembers and their
families about predatory practices; (4) a description of DOD's
strategies and programs to reduce or eliminate the prevalence of
predatory lending practices directed at servicemembers and their
families, as well as the negative effects of such practices; and
(5) recommendations for additional legislative and administrative
action to reduce or eliminate predatory lending practices.
Following the publication of DOD's 2006 report, private-sector
groups associated with segments of the financial industry raised
concerns about the report's preparation, quality, and
recommendations. Congress requested that we review DOD's 2006
report on predatory lending practices. Specifically, we evaluated
DOD's approach and support in preparing its mandated report on
predatory lending practices. This report documents findings that
we briefed to your offices on August 17, 2007.
-------------------------Indexing Terms-------------------------
REPORTNUM: GAO-07-1148R
ACCNO: A75572
TITLE: Military Personnel: DOD's Predatory Lending Report
Addressed Mandated Issues, but Support Is Limited for Some
Findings and Recommendations
DATE: 08/31/2007
SUBJECT: Financial management
Loans
Military personnel
Policy evaluation
Reporting requirements
Reports management
Lending institutions
Policies and procedures
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GAO-07-1148R
* [1]PDF6-Ordering Information.pdf
* [2]Order by Mail or Phone
August 31, 2007
The Honorable Tim Johnson
Chairman
Subcommittee on Financial Institutions
Committee on Banking, Housing, and Urban Affairs
United States Senate
The Honorable Lindsey Graham
Ranking Member
Subcommittee on Personnel
Committee on Armed Services
United States Senate
Subject: Military Personnel: DOD's Predatory Lending Report
Addressed Mandated Issues, but Support Is Limited for Some
Findings and Recommendations
Serious financial problems can adversely affect unit morale and
readiness as well as servicemembers' credit histories and military
careers. If servicemembers experience serious financial problems,
they may be subject to adverse actions such as loss of security
clearances, criminal or nonjudicial sanctions, or adverse
personnel actions including possible discharge from the military.
The Department of Defense's (DOD) Social Compact, which is part of
its human capital plan, notes that mission readiness and quality
of life depend on whether servicemembers use their financial
resources responsibly.^1 For these reasons, Congress and DOD
officials have expressed concerns about servicemembers' financial
conditions. DOD is particularly concerned about the use and
effects of certain consumer loans that DOD identified as being
predatory.
In April 2005, we reported about problems servicemembers were
experiencing with personal financial management and the steps that
DOD was taking to address those issues.^2 In another April 2005
report, we noted that DOD did not know the extent to which
servicemembers were using consumer loans that DOD considered to be
predatory, nor the effects of that usage.^3 Our report noted that
DOD expressed concerns about four types of loans it labeled as
predatory--payday, rent-to-own, automobile title pawn, and tax
refund loans. These financial products are typically offered by
lenders that are outside the system of federally insured financial
institutions. Although "predatory lending" has no precise
definition, some practices (such as charging excessive fees or
interest rates and repeatedly refinancing loans without economic
gain for the borrower) are widely regarded as predatory. We also
reported that DOD and active duty servicemembers have not fully
used DOD's existing tools for curbing the use and effects of
predatory lending practices. To correct identified problems in
DOD's programs for addressing predatory lending practices, we
recommended actions that would (1) clarify to servicemembers that
DOD does not endorse the advertisers in installation newspapers
and (2) make greater use of Armed Forces Disciplinary Control
Boards which can place businesses off limits to servicemembers if
the businesses adversely affect the servicemembers' health,
safety, morals, welfare, morale, and discipline. DOD concurred
with the first recommendation and partially concurred with our
second recommendation, noting constraints faced in using the
boards.
^1DOD's Social Compact is a long-term quality of life strategy for the
department. It promotes the advancement of the military community through
the reciprocal ties that bind servicemembers, the military mission, and
military families by responding to their quality of life needs as
individuals and as members of a larger community. See DOD, Office of
Military Community and Family Policy, A New Social Compact: A Reciprocal
Partnership between the Department of Defense, Service Members and
Families (July 2002).
^2GAO, Military Personnel: More DOD Actions Needed to Address
Servicemembers' Personal Financial Management Issues, GAO-05-348
(Washington, D.C.: Apr. 26, 2005).
^3GAO, Military Personnel: DOD's Tools for Curbing the Use and Effects of
Predatory Lending Not Fully Utilized, GAO-05-349 (Washington, D.C.: Apr.
26, 2005).
The 2006 National Defense Authorization Act required DOD to issue
a report on predatory lending directed at servicemembers and their
dependents.^4 The mandate required DOD's report to include: (1) a
description of the prevalence of predatory lending practices
directed at servicemembers and their families; (2) an assessment
of the effects of predatory lending on servicemembers and their
families; (3) a description of DOD's strategies and programs to
educate servicemembers and their families about predatory
practices; (4) a description of DOD's strategies and programs to
reduce or eliminate the prevalence of predatory lending practices
directed at servicemembers and their families, as well as the
negative effects of such practices; and (5) recommendations for
additional legislative and administrative action to reduce or
eliminate predatory lending practices. The act further specified
that DOD was to prepare its report in consultation with the
Secretary of the Treasury, the Chairman of the Federal Reserve,
the Chairman of the Federal Deposit Insurance Corporation, and
representatives from military charity organizations, and consumer
groups and submit it to Congress within 180 days of the
legislation's enactment. DOD issued the mandated report on August
9, 2006.^5 Following the submission of DOD's report, Congress
added a new section to Title 10 of the U.S. Code which sets out a
number of limitations and requirements related to terms of
consumer credit extended to servicemembers and their dependents.^6
Many of the provisions in this section mirror the recommendations
in DOD's report. This statute required the Secretary of Defense to
create regulations to implement the new provisions, and, in
response to that requirement, DOD has published in the Federal
Register some proposed rule changes that would limit the terms of
consumer credit extended to servicemembers and their dependents.^7
These proposed regulations are expected to be effective October 1,
2007.
Following the publication of DOD's 2006 report, private-sector
groups associated with segments of the financial industry raised
concerns about the report's preparation, quality, and
recommendations. You requested that we review DOD's 2006 report on
predatory lending practices. Specifically, we evaluated DOD's
approach and support in preparing its mandated report on predatory
lending practices. This report documents findings that we briefed
to your offices on August 17, 2007. Enclosure I contains the
briefing slides we presented. This briefing contributes to a
larger GAO body of work on compensation and financial conditions
of military personnel (see the list of related GAO products at the
end of this report).
^4National Defense Authorization Act for Fiscal Year 2006, Pub. L. No.
109-163, S 579 (2006).
^5DOD, Report On Predatory Lending Practices Directed at Members of the
Armed Forces and Their Dependents (Washington, D.C.: Aug. 9, 2006).
^6The John Warner National Defense Authorization Act for Fiscal Year 2007,
Pub. L. No. 109-364, S 670 (2006), added Section 987 to Title 10 of the
U.S. Code.
^7Limitations on Terms of Consumer Credit Extended to Service Members and
Dependents, 72 Fed. Reg. 18157 (proposed Apr. 11, 2007) (to be codified at
32 C.F.R. pt. 232).
In conducting our review, we limited the scope of our work to the
types of loans that DOD identified as being predatory in its
mandated 2006 report. We examined legislation that mandated the
DOD report and regulations such as governmentwide and DOD-wide
standards for data quality. In addition to reviewing DOD's
predatory lending report and the reports cited in that study, we
reviewed GAO, Congressional Research Service, and Federal Deposit
Insurance Corporation Office of the Inspector General reports on
related issues. We developed a tool to systematize our analysis of
the quality of research studies and data sources DOD used as
support in its report. We interviewed representatives and obtained
documents from DOD and the federal agencies, military charity
organizations, and consumer groups involved in the preparation of
DOD's report as well as other groups whose perspectives were
different from those provided in the DOD report. As an additional
means for examining the support for DOD's report, we conducted a
site visit at one installation for each of the four active duty
services. Enclosure II describes our scope and methodology in more
detail. We performed our work between March 2007 and August 2007
in accordance with generally accepted government auditing
standards.
Summary
DOD issued a report on predatory lending that addressed the
mandated issues, but it contained limited support for some of its
findings and recommendations. As required by the mandate in the
2006 National Defense Authorization Act, DOD issued its report in
August 2006 addressing the five required elements after consulting
with the organizations and groups specified in the act. Among the
points that DOD made are that predatory lending practices are
prevalent and target military personnel and that the department is
exerting significant effort to educate servicemembers on the
potential dangers of using predatory loans. All mandated
organizations and groups stated that they had commented on DOD's
report, although DOD appears to have consulted with military
charity organizations and consumer groups more than with the
federal agencies identified in the report. DOD's report did not
describe the content and extent of the consultations or make note
of any concerns raised by those groups. The report's authors
indicated that they had to rely largely on previously gathered
data and may have done some things differently if they had had
more time. Additionally, representatives for one of the consulted
federal agencies noted that DOD faced a short timeframe to prepare
its report and basically met the legislative requirements. Even
though DOD provided several sources illustrating the negative
effect that predatory loans have on servicemembers, our evaluation
of the DOD report revealed methodological problems in some of its
analyses and in some of the studies cited in its report,
particularly for the description of the prevalence and assessment
of the effects of predatory lending practices. For example, the
DOD report's prevalence section provided several metrics that did
not directly assess whether servicemembers actually (1) used the
loan type and (2) considered the associated lending practices to
be predatory. As we noted in our 2005 report on predatory lending,
the extent to which active duty servicemembers use consumer loans
considered to be predatory and the effects of such borrowing are
unknown, but some of the information provided in the DOD report
and obtained during our 2007 site visits suggests that some
servicemembers can pay substantial sums for the loans. DOD's
report also showed the percentages of servicemembers who use loans
that it had characterized as predatory and the percentage of
servicemembers who experienced financial difficulties. It did not
include an analysis of the relationship between the two types of
information. In its sections on education and strategies to reduce
or eliminate the prevalence and negative effects of predatory
lending practices, the DOD report documented the broad array of
financial education classes and other programs offered. While the
report linked the large numbers of financial education classes and
materials provided to servicemembers and their families to
increased awareness and reduced usage of predatory loans, DOD has
not implemented procedures for evaluating outcomes from its
training programs as we recommended in 2005. For example, tools
such as required personal financial management training for all
servicemembers arriving at their first duty station, alternative
loan programs from military charity organizations, and financial
counseling are readily available to servicemembers; however, our
2005 report noted and our site visits in 2007 found that some
servicemembers underutilize these resources because, in part, they
do not want their command to know about their financial problems.
DOD's report included six recommendations for additional
legislative and administrative actions, such as setting a 36
percent annual percentage rate cap for loans to military borrowers
and requiring unambiguous and uniform price disclosures. While
these recommendations may have merit, they were not directly
linked to the report's findings, were based on research studies
that had some methodological problems, or did not address
implementation issues. Similarly, DOD proposed the recommendations
without discussing the feasibility of implementing and enforcing
the recommendations. While DOD's report addressed the requirements
in the mandate, the shortcomings we identified in some of the
methods and approach indicate that caution is necessary when
interpreting the findings for some areas of DOD's report.
Agency Comments and Our Evaluation
On August 21, 2007, we provided a draft of this report to DOD for
review and comment. The Office of the Under Secretary of Defense
for Personnel and Readiness provided the following comments.
"The Department stands by the content and recommendations in its August
9th, 2006, Report to Congress on Predatory Lending Practices Directed at
Members of the Armed Forces and Their Dependents. While more research is
always a laudable objective, GAO's existing findings, as it acknowledges,
point to the same conclusion the Department and the Congress reached: We
need to act to protect our Service personnel from predatory lending
practices."
Contrary to DOD's comments, our report neither acknowledged nor
disagreed with DOD's conclusion stated above. While actions may be
needed to protect servicemembers from predatory lending practices,
our report did not endorse or reject any action recommended in
DOD's report. The scope of our work was limited to evaluating
DOD's approach and support in preparing its mandated report on
predatory lending practices.
As agreed with your office, unless you publicly announce its contents
earlier, we plan no further distribution of this report until 4 days after
its issue date. At that time, we will provide copies of this report to
interested congressional committees and the Secretary of Defense. We will
also make copies available to others upon request. This report will be
available at no charge on GAO's Web site at [3]http://www.gao.gov .
If you have any questions about this report or need additional
information, please contact me at (202) 512-3604 or
[4][email protected] . Contact points for our Offices of
Congressional Relations and Public Affairs may be found on the
last page of this report. Key contributors to this report are
listed in enclosure III.
Brenda S. Farrell
Director
Defense Capabilities and Management
Enclosure I
Briefing Slides
Enclosure II
Scope & Methodology
Scope
In conducting our evaluation of DOD's report on predatory lending,
we limited the scope of our work to the types of loans that DOD
identified as being predatory in its mandated report. This
includes payday loans, rent-to-own loans, automobile title pawns,
tax refund loans, military installment loans, and Internet
lending. Our work focused on active duty servicemembers as in our
April 2005 reports. While DOD's report does not specify that some
parts of its report pertain to only active or reserve personnel,
we focused on active duty servicemembers based on DOD's use of
survey results and other data on active duty servicemembers.
Methodology
To address our objective, which was to examine the approach and
support for DOD's report, we examined legislation that mandated
the DOD report and regulations such as governmentwide and DOD-wide
standards for data quality. In addition to reviewing DOD's
predatory lending report and the reports cited in that study, we
reviewed and analyzed findings and perspectives contained in
publications on related issues by GAO, the Congressional Research
Service, Federal Reserve Board staff in Washington, D.C., Federal
Deposit Insurance Corporation's Office of Inspector General,
consumer groups (Consumer Federation of America and Center for
Responsible Lending), and an association (Community Financial
Services Association of America) that says it represents more than
50 percent of payday lenders. DOD, service, and installation
officials also provided additional views and documents pertaining
to the prevalence and effects of predatory lending practices,
programs and current strategies to educate servicemembers and
their families about those practices, current strategies and
programs for reducing or eliminating the prevalence and effect of
predatory lending practices, and recommendations for legislative
and administrative actions to reduce or eliminate the prevalence
and effects of predatory lending practices.
In addressing our objective, we conducted interviews with and
obtained documents from the officials in DOD's Office of the Under
Secretary of Defense for Personnel and Readiness who were
responsible for preparing the report, and service policy
officials. We also interviewed representatives from organizations
that DOD consulted while developing its report (see table 1), and
in some cases obtained related documentary evidence concerning
their input during DOD's preparation of its report. We also held
discussions with groups such as the Center for Regulatory
Effectiveness and Community Financial Services Association of
America, a payday lending association, to understand perspectives
that were different from those provided in the DOD report.
Additional perspectives were obtained from the public comments
that other groups (e.g., other consumer groups and the lending
industry) provided in response to proposed regulations that DOD
published in the Federal Register on April 11, 2007.
Table 1: Organizations Supplying Information about Their
Consultations with DOD during the Preparation of Its Mandated
Report
Type of organization Organization and location of the
representative(s) interviewed
Federal agencies Federal Reserve, Washington, D.C.
Treasury Department, Washington, D.C.
Federal Deposit Insurance Corporation,
Washington, D.C.
Military charities Army Emergency Relief, Alexandria, Virginia
Navy/Marine Corps Relief Society, Arlington,
Virginia
Air Force Aid Society, Arlington, Virginia
Consumer groups Consumer Federation of America, Washington,
D.C.
Center for Responsible Lending, Washington,
D.C.
National Association of Consumer Advocates,
Washington, D.C.
National Consumer Law Center, Boston,
Massachusetts
Source: GAO.
To further address our objective, we conducted site visits at the
four installations shown in table 2. The team decided to select a
nonprobability sample of four military installations--one per
active duty DOD service. The criteria for selection included (1)
installations with high personnel tempo; (2) installations from
different services in the same geographic area for comparison
between services; and (3) at least one installation that GAO
visited during prior work on predatory lending for comparison
across time.^9 Our findings from these site visits cannot be
generalized to the population of all military personnel; however,
these site visits provided us with additional information for our
evaluation. During these site visits, we requested documents (such
as training materials) pertaining to DOD's current efforts to
minimize or eliminate the use and effects of predatory lending
practices. We conducted individual interviews with seven types of
officials at each base: installation leaders, personal financial
management program managers, installation finance officials,
command financial counselors, legal assistance attorneys, public
affairs staff, and military charity organization officials. We
used a structured protocol for conducting group discussions with
more than 60 senior enlisted personnel at the four installations
to gather anecdotal data from servicemembers about their
experiences with the types of loans DOD identified as predatory.
Table 2: Locations Where GAO Conducted a Site Visit
Service Location
Army Fort Lewis, Washington
Navy Navy Region Southwest, San Diego, California
Marine Corps Camp Pendleton, California
Air Force McChord Air Force Base, Washington
Source: GAO.
Part of our assessment of DOD's report involved a review of the
overall report methodology as well as a review of the methodology
of key research studies and data sources cited in the report.
Specifically, we focused our review on research studies that were
critical to the report's message and the data sources used by DOD.
We discussed these data sources with the DOD report authors to
gain a better understanding of how and why they were selected for
use. At least two internal methods experts, with support from
statisticians as appropriate, reviewed these reports and data
sources for the reasonableness and rigor of their data collection
and analysis methods. Our review focused on the validity of the
results and conclusions in relation to how they were used in the
DOD report.
We performed our work between March 2007 and August 2007 in
accordance with generally accepted government auditing standards.
^9GAO-05-348 and GAO-05-349.
Enclosure III
GAO Contact and Staff Acknowledgments
GAO Contact:
Brenda S. Farrell, (202) 512-3604 or [5][email protected]
Acknowledgments:
In addition to the individual named above, Jack E. Edwards,
Assistant Director; Pat L Bohan; Nora Boretti; Renee S. Brown;
Cody Goebel; K. Nicole Harms; Ron La Due Lake; Charles W. Perdue;
S. Andrew Stavisky; Elizabeth W. Wood; and Yiling Wong made key
contributions to this report.
Related GAO Reports
Guard and Reserve Personnel: Fiscal, Security, and Human Capital
Challenges Should be Considered in Developing a Revised Business Model for
the Reserve Component. GAO-07-984. Washington, D.C.: June 20, 2007.
Military Personnel: DOD Needs to Establish a Strategy and Improve
Transparency over Reserve and National Guard Compensation to Manage
Significant Growth in Cost. GAO-07-828. Washington, D.C.: June 20, 2007.
Military Personnel: DOD Has Taken Steps to Address Servicemembers'
Financial Needs, but Additional Effort is Warranted. GAO-06-749T.
Washington, D.C.: May 18, 2006.
Financial Product Sales: Actions Needed to Protect Military Members.
GAO-06-245T. Washington, D.C.: November 17, 2005.
Financial Product Sales: Actions Needed to Better Protect Military
Members. GAO-06-23. Washington, D.C.: November 2, 2005.
Military Personnel: DOD Needs Better Controls over Supplemental Life
Insurance Solicitation Policies Involving Servicemembers. GAO-05-696.
Washington, D.C.: June 29, 2005.
Military Personnel: DOD's Comments on GAO's Report on More DOD Actions
Needed to Address Servicemembers' Personal Financial Management Issues.
GAO-05-638R. Washington D.C.: May 11, 2005.
Military Personnel: More DOD Actions Needed to Address Servicemembers'
Personal Financial Management Issues. GAO-05-348. Washington, D.C.: April
26, 2005.
Military Personnel: DOD Tools for Curbing the Use and Effects of Predatory
Lending Not Fully Utilized. GAO-05-349. Washington, D.C.: April 26, 2007.
Credit Reporting Literacy: Consumers Understood the Basics but Could
Benefit from Targeted Educational Efforts. GAO-05-223. Washington, D.C.:
March 16, 2005.
Highlights of a GAO Forum: The Federal Government's Role in Improving
Financial Literacy. GAO-05-93SP. Washington, D.C.: November 15, 2004.
Military Personnel: DOD Needs More Data Before It Can Determine if Costly
Changes to the Reserve Retirement System Are Warranted. GAO-04-1005.
Washington, D.C.: September 15, 2004.
Military Pay: Army Reserve Soldiers Mobilized to Active Duty Experienced
Significant Pay Problems. GAO-04-911. Washington, D.C.: August 20, 2004.
Military Pay: Army Reserve Soldiers Mobilized to Active Duty Experienced
Significant Pay Problems. GAO-04-990T. Washington, D.C.: July 20, 2004.
Military Personnel: DOD Has Not Implemented the High Deployment Allowance
that Could Compensate Servicemembers Deployed Frequently for Short
Periods. GAO-04-805. Washington, D.C.: June 25, 2004.
Military Personnel: Active Duty Compensation and Its Tax Treatment.
GAO-04-721R. Washington, D.C.: May 7, 2004.
Military Personnel: Observations Related to Reserve Compensation,
Selective Reenlistment Bonuses, and Mail Delivery to Deployed Troops.
GAO-04-582T. Washington, D.C.: March 24, 2004.
Military Personnel: Bankruptcy Filings among Active Duty Service Members.
GAO-04-465R. Washington, D.C.: February 27, 2004.
Military Pay: Army National Guard Personnel Mobilized to Active Duty
Experienced Significant Pay Problems. GAO-04-413T. Washington, D.C.:
January 28, 2004.
Military Personnel: DOD Needs More Effective Controls to Better Assess the
Progress of the Selective Reenlistment Bonus Program. GAO-04-86.
Washington, D.C.: November 13, 2003.
Military Pay: Army National Guard Personnel Mobilized to Active Duty
Experienced Significant Pay Problems. GAO-04-89. Washington, D.C.:
November 13, 2003.
Military Personnel: DOD Needs More Data to Address Financial and Health
Care Issues Affecting Reservists. GAO-03-1004. Washington, D.C.: September
10, 2003.
Military Personnel: DOD Needs to Assess Certain Factors in Determining
Whether Hazardous Duty Pay Is Warranted for Duty in the Polar Regions.
GAO-03-554. Washington, D.C.: April 29, 2003.
Military Personnel: Management and Oversight of Selective Reenlistment
Bonus Program Needs Improvement. GAO-03-149. Washington, D.C.: November
25, 2002.
Military Personnel: Active Duty Benefits Reflect Changing Demographics,
but Opportunities Exist to Improve. GAO-02-935. Washington, D.C.:
September 18, 2002.
(350995)
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