Obama’s Proposed Regulation Keeps Antiprostitution Loyalty Oath Requirement

EngenderHealth joins the public health community in opposing the new regulation issued by the U.S. Department of Health and Human Services (DHHS) regarding the Antiprostitution Loyalty Oath. The Obama Administration released new guidelines at the end of November, and though slightly different from those issued under President George W. Bush, they still require organizations to pledge their opposition to prostitution in order to receive federal funds for HIV and AIDS prevention.

Under President Bush, DHHS issued guidance giving grantees that object to the oath the option of creating an affiliate entity that would take the pledge in order to receive funding. But this option placed an undue burden on organizations and was impractical to carry out.

The new proposal claims to ease compliance and to simplify the process for U.S.-based organizations if they decide to set up affiliate entities. However, it remains unclear how adherence to the policy will be judged. For organizations not based in the United States, no changes have been made to the original Antiprostitution Loyalty Oath regulation; they must still agree to the pledge to receive any funds for HIV and AIDS work and do not have the option of an affiliate entity.

EngenderHealth signed on to a letter—along with other organizations from the HIV and AIDS and public health field—to Kathleen Sebelius, Secretary of DHHS, opposing the new regulation. Stay tuned to our web site, where we will post any new developments regarding the policy.