B-304716, Department of Health and Human Services--Contract with Maggie Gallagher, September 30, 2005

B-304716 Sep 30, 2005 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights The Department of Health and Human Services, Administration for Children and Families' (ACF) use of appropriated funds to pay for the services of an expert consultant did not violate the applicable publicity or propaganda prohibition. Treasury and General Government Appropriations Act, 2002, Pub. L. No. 107-67, 626, 115 Stat. 514, 552 (Nov. 12, 2001). The services provided included the drafting of several brochures, a presentation to ACF managers, and the production and dissemination of an article signed by the Assistant Secretary. The contract did not violate the publicity or propaganda prohibition because the services provided were not covert, self-aggrandizing, or purely partisan. View Decision B-304716, Department of Health and Human Services--Contract with Maggie Gallagher, September 30, 2005 Decision Matter of: Department of Health and Human Services—Contract with Maggie Gallagher File: B-304716 Date: September 30, 2005 DIGEST The Department of Health and Human Services, Administration for Children and Families' (ACF) use of appropriated funds to pay for the services of an expert consultant did not violate the applicable publicity or propaganda prohibition. Treasury and General Government Appropriations Act, 2002, Pub. L. No. 107-67, sect. 626, 115 Stat. 514, 552 (Nov. 12, 2001). The services provided included the drafting of several brochures, a presentation to ACF managers, and the production and dissemination of an article signed by the Assistant Secretary. The contract did not violate the publicity or propaganda prohibition because the services provided were not covert, self-aggrandizing, or purely partisan. DECISION In January 2005, newspapers reported on a contract between the Department of Health and Human Services, Administration for Children and Families (ACF) and syndicated columnist Maggie Gallagher.[1] The articles stated that ACF hired Ms. Gallagher to serve as an expert consultant on marriage-related issues and paid her over $20,000 for her services over a 9 month period. The reports also stated that after signing a contract with ACF, Ms. Gallagher publicly praised President Bush's Healthy Marriage Initiative on many occasions. Because we received numerous inquiries, and in light of the widespread congressional interest surrounding publicity or propaganda issues,[2] the Comptroller General decided to examine the ACF/Gallagher contract pursuant to his authority to investigate the use of public money, 31 U.S.C. sect. 712(1), and to settle the accounts of the government, 31 U.S.C. sect. 3526. As is our usual practice, we contacted the Department of Health and Human Services (HHS) to request factual information and its legal justification for using its appropriation to obtain the services provided by Ms. Gallagher. Letter from Gary L. Kepplinger, Deputy General Counsel, GAO, to Alex M. Azar, General Counsel, HHS, Mar. 24, 2005. HHS responded by letter dated July 6, 2005 (ACF Letter). We have reviewed the information sent to us by HHS and its justification for its contract with Ms. Gallagher, and we conclude that ACF did not violate the applicable publicity or propaganda prohibition.[3] BACKGROUND The Healthy Marriage Initiative In 1996, Congress passed the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, which, among other things, amended the Social Security Act by authorizing funding for block grants to states for temporary assistance for needy families (TANF). Pub. L. No. 104-193, title I, 110 Stat. 2105 (Aug. 22, 1996) (codified at 42 U.S.C. sections 601-619). In creating the TANF grant program, Congress made the following findings: (1) marriage is the foundation of a successful society; and (2) marriage is an essential institution of a successful society which promotes the interests of children. Pub. L. No. 104-193, sect. 101 (some findings omitted). Under this section of the Social Security Act, Congress listed several marriage-related purposes of the TANF program. 42 U.S.C. sect. 601(a).