Global AIDS Treatment Reauthorization Cleared for President at $48 Billion

By Adam Graham-Silverman

Congressional Quarterly

July 24, 2008

 

The House cleared a five-year, $48 billion bill to fight AIDS and other diseases overseas Thursday, sending it to President Bush’s desk.

 

Bush is expected to sign the legislation next week, but some advocates are already expressing concerns that Congress won’t be able to provide the funding increase the bill promises.

 

The House cleared the bill (HR 5501) by agreeing, 303-115, to a motion to adopt the version the Senate passed last week. The House vote marked the end of a seven-month legislative journey that began when the late Tom Lantos , D-Calif. (1981-2008), drafted legislation to reauthorize the 2003 global AIDS program (PL 108-25). Bush had spearheaded the program, which earned bipartisan praise as a foreign policy success.

 

The $48 billion reauthorization would mark a significant increase over the 2003 law’s $15 billion. Some advocates, however, say the fiscal 2009 appropriations bills working their way through both chambers suggest that Congress is not on track to spend the full amount over the next five years.

 

Though Congress has provided the program about $19 billion, including $6 billion in fiscal 2008, the Senate’s fiscal 2009 State-Foreign Operations spending bill (S3288) would provide $5.1 billion, while the House’s draft version would provide $5.5 billion.

 

“In terms of funding, it appears there is more rhetoric than reality,” said David Bryden, a spokesman for the Global AIDS Alliance.

 

Congress developed its fiscal 2009 spending blueprint before the global AIDS bill had taken its final shape, and with appropriations markups stalled in both chambers, lawmakers may simply pass a continuing resolution to keep fiscal 2008 funding levels. But Bryden and others say that each year the United States falls behind makes it that much harder to catch up.

 

Bush made note of that in a speech Thursday.

 

“The challenge for future presidents and future Congresses will be to continue this commitment, so that we can lift the shadow of malaria and HIV/AIDS and other diseases once and for all,” Bush said.

 

Berman’s Compromise

After Lantos’ death in February, Howard L. Berman, D-Calif., took over as chairman of the Foreign Affairs Committee and helped broker a bipartisan compromise on the bill that headed off contentious debate on abortion and family planning issues. That compromise, in which Republicans, including some fiscal conservatives and the White House, signed on to a large funding boost, has largely held since.

 

The White House had requested a $30 billion reauthorization.

 

“The fact that compromise was achievable in this highly politicized era is a testament to the bipartisan roots of this legislation,” Berman said.

 

The bill now bears Lantos’ name, along with that of the House Foreign Affairs Committee chairman who guided the 2003 law to enactment, Henry J. Hyde, R-Ill. (1975-2007), who died late last year.

 

The House passed a $50 billion bill on April 2. A group of Republicans led by Sen. Tom Coburn of Oklahoma threatened to block the Senate version (S 2731) until late June, when they added a requirement that more than half the program’s bilateral aid go toward AIDS treatment and care.

 

Some conservatives remained opposed to the bill’s cost, but after three days of floor debate and consideration of 10 amendments, the Senate passed a $48 billion bill on July 16. It included an amendment that would channel $2 billion of the bill’s total price tag to American Indian health care, law enforcement and drinking-water programs, but the Senate turned back other challenges to its cost.

 

“The 2008 reauthorization seeks to consolidate and advance the success of the past five years by providing the funding and the framework to transform this from an emergency program to a sustainable program,” said Ileana Ros-Lehtinen of Florida, the ranking Republican on the House Foreign Affairs Committee.

 

Abortion Debate Averted

The final bill makes no mention of family planning or reproductive health programs. The bill would overturn an existing law requiring that one-third of the money for HIV prevention be spent on abstinence education. It would instead require a report to Congress if abstinence and fidelity programs fall below half of prevention spending in a given country.

 

The bill would include new linkages between AIDS and nutrition programs and would set a target of recruiting 140,000 new health care workers.

 

The measure would also set aside $5 billion for malaria and $4 billion for tuberculosis and would repeal a ban on HIV-positive visitors to the United States.

 

It would authorize $2 billion in fiscal 2009 for the Global Fund to Fight AIDS, Tuberculosis and Malaria. Congress provided $845 million for the fund in fiscal 2008.