Specifically GAO recommended that the Secretary of Health and Human Service (HHS) issue guidance to agencies administering these programs on charitable choice safeguards, including the safeguard prohibiting the use of federal funds for religious worship, instruction, or proselytizing and the safeguard concerning a client’s right to an alternative nonreligious provider.

“This report underscores two very important points,” said Congressman Cummings. “One, while state and local officials hold an opinion that FBO service providers performed as well as or better than other organizations, they did not provide any data regarding FBO performance. Two, there is a need for greater consistency in the way that government agencies implement charitable choice provisions. FBO receiving federal funds must be made aware of program safeguards, such as the prohibition of those funds for religious worship or proselytizing.”

In the report, GAO found:

• Understanding and implementation of Charitable Choice safeguards vary and incidence of violations is unknown.

• Federal agencies have issued limited guidance on Safeguards.

• Officials implementing Charitable Choice provisions differed in their understanding of certain safeguards.

• States and Localities varied in the extent to which they communicated information about the safeguards.

• Incidence of violations of safeguards requirements is unknown.

• FBOs are held accountable for performance in the same way as non FBOs, but comparative information is unavailable.

Rep. Elijah E. Cummings is the Ranking Democratic on the Subcommittee on Criminal Justice, Drug Policy, and Human Resources. The full report is available at http://www.house.gov/cummings (click here to open report).