After a series of positive events, the president’s AIDS program (formerly known by the acronym PEPFAR) entered markup in the House with a new face.

Congressman Howard Berman (D-California), Chairman of the House Foreign Relations Committee, and Congresswoman Ileana Ros-Lehtinen (R-Florida) compromised on what was once a distorted and pro-abortion bill.  They transformed it into a bill that carries a bipartisan label and eliminates some of Concerned Women for America’s (CWA) deepest moral concerns.  While it is not perfect, much has been done to improve the bill, thanks to the efforts of both parties and their willingness to compromise take moral considerations into account and allow funding of faith-based programs.

The new version, now named the Tom Lantos and Henry J. Hyde United States Global Leadership against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008, includes, as the name suggests, treatment for not only HIV/AIDS but also tuberculosis and malaria.  More than 15 countries will also be added to the list of those receiving funding.  This is the “reasoning” behind a $50 billion fund increase, which troubles many conservatives.

Through the awareness and efforts of CWA and other pro-life groups, the public was able to voice strong opposition to the original version of the bill.  Calls for a substitute or amendments to the draft brought much attention and sparked a meeting to compromise. While that meeting went into the wee hours of the morning of the scheduled markup, and many of the members did not receive the new draft till minutes beforehand, the support from both sides was remarkable. The compromise faced little opposition and many members spoke in support of a bipartisan bill that addressed the great need for relief in Africa.

The compromise eliminated many, but not all, of the concerns of pro-lifers and pro-family organizations.

The compromise restored the prostitution pledge so that only organizations that pledge their opposition to and non-participation in the practice of prostitution and sex trafficking qualify for funding.  The compromise eliminated the 33 percent funding for abstinence education, it does require behavior change programs (including abstinence, delay of sexual debut, monogamy and fidelity) to be implemented in a “meaningful and equitable way.”  Because the language in the compromise bill uses the word “including,” there is a risk that funding could go to other more dangerous behavior change programs such as those focusing on condoms.  CWA is working with members of Congress and the Administration to ensure that the focus is on abstinence and fidelity.  This bill may also allow direct funding for needle exchange programs.

Lastly, the compromise somewhat strengthens accountability for the use of tax dollars in the global fund, which now faces greater supervision and transparency.  The global fund in the House version includes new benchmarks for transparency.  However, much of this language is non-binding and will not ultimately impact how the funds are spent.

The bill is by no means perfect.  Fifty billion dollars is still an astronomical number to swallow.  The “family planning” language which remains means we must watch carefully as funding is implemented.  Yet even with these measures still included, we can be thankful for the work of those who have tirelessly fought to put an end to the emphasis on abortion and largely to return the bill to its original intent: the treatment and reduction of the spread of AIDS.

During the markup, only three congressmen openly opposed the bill, and those three based their concerns primarily on fiscal matters.  A few voiced their support for the bill, but did so with reserve due to the risk posed by the “family planning” language in the bill.  They urged Congress to closely supervise the money.  The markup was well attended with the presence of 19 Republicans and 14 Democrats.  It was fairly straightforward with statements from nine Democrats and seven Republicans.  The bill passed through the committee on a voice vote and is now awaiting a floor vote.

The Senate version of the bill follows the House version but contains some problems of its own.  While the Senate version preserves the prostitution pledge, it still has the same flaws regarding the “abstinence and be faithful” programs.  

Also, there are no direct references to family planning or reproductive health, yet the language still leaves concern that funding may be used circumstantially to promote abortions.  In fact, Senator Barbara Boxer (D-California), one of the few that actually gave a statement during the markup, expressed her deep concern over the weakness of family planning in the bill’s text.  She asked Committee Chairman Senator Biden (D-Delaware) if this would prohibit linkages to family planning and if this would allow for the Mexico City Policy to apply.  Sen. Biden assured Sen. Boxer that the bill would not prohibit linkages to family planning and that it would not implement Mexico City Policy.  This is a huge concern to pro-lifers and to those who are working to maintain the bill’s original intention of preventing AIDS/HIV.  Much work must be done to stop the Senate bill from being passed through the floor in its current form.  Amendments are anticipated once the bill is brought to the floor.  We must act now and urge our Senators to return the bill to its original purpose of preventing and treating this horrible epidemic while maintaining and promoting moral values and the sanctity of life.

ACTION:   Call your Senators and Representative and ask them to return the Emergency AIDS bill to its purpose of prevention and treatment of AIDS without attacking life by strengthening the “abstinence and be faithful” provisions.