The Foreign Service Journal, June 2007

Lewis has also said that the emphasis on abstinence at the expense of con- dom distribution is a “distortion of the preventive apparatus and is resulting in great damage, and undoubtedly will cause significant numbers of infec- tions which should never have occurred.” In April 2006, a Government Accountability Office report (GAO- 06-395) found that the earmark requiring that one-third of prevention funds be used for abstinence and faithfulness programs is undermining and diverting funds from effective AIDS education and prevention. In addition, it found that the Office of the Global AIDS Coordinator is applying the abstinence earmark to more, and sometimes far more, than a third of funding, further limiting appropriate, country-specific interventions. In Nigeria, nearly 70 percent of PEPFAR prevention funds have gone to absti- nence-until-marriage programs. In Tanzania, the newest prevention grant dedicates 95 percent of the funds to abstinence and faithfulness programs for youth between 15 and 24 years old. In March 2007, the Institute of Medicine, the most prestigious med- ical advisory panel in the U.S. — which is required by PEPFAR’s autho- rizing legislation to oversee the pro- gram— reported that its effectiveness is seriously hampered by restrictions imposed by the administration and Congress, especially the abstinence and faithfulness earmark and the requirement for separate FDA approval of AIDS drugs that WHO has already approved. The institute also recommended that PEPFAR focus much more on prevention than treatment: “otherwise, the epidemic will never end.” Promoting Faith-Based Organizations Starting in 2003, a series of USAID policy directives helped steer U.S. for- eign assistance funding to faith-based organizations. Policy Directive 03-10, titled “Prohibition on Requirement for Prior USAID-Specific Experience in Evaluation Criteria for Award of Agen- cy A&A Instruments,” became effec- tive on Oct. 31 of that year. Under the guise of broadening competition and ensuring lower prices, this policy served to open up federal funding to faith-based organizations, even those with no prior developing-country ex- perience. The directive states: “Over the years, in efforts to identify highly qual- ified and responsive recipients … solicitation documents have begun to reflect increasingly restrictive mini- mum qualification and evaluation fac- tors for award.” One of these factors is the requirement of “prior USAID experience” for minimal qualification. It continues: “While the need for familiarity with the type of work typi- cally executed through USAID instru- ments is understood, the agency must be careful to avoid requirements that are unduly restrictive and are contrary to the agency’s commitment to pro- moting competition.” The meaning is clear — faith-based organizations may be deemed compet- itive for federal funding based on fac- tors other than prior USAID experi- ence or development know-how. In altering established procurement rules in order to reward Bush administration supporters, the policy helped bolster the mission of the new Center for Faith-Based and Community Initia- tives. CFBCI was established by Pres. Bush at USAID in 2002 to create a level playing field for faith-based groups to compete for agency programs, and to increase their access to and knowledge of U.S. government funding sources. Another stated focus of the initiative is to educate USAID/Washington and field staff about the critical role faith- based organizations play in meeting development objectives. On June 29, 2004, another note- worthy step was taken. USAID Policy Directive 04-08, titled “Ensuring Equal Opportunity for Faith-Based and Community Organizations,” implemented Pres. Bush’s Executive Order 13279 (Dec. 12, 2002) titled “Equal Protection of the Laws for Faith-Based and Community Organizations.” This policy applies to all USAID funding sources. Blurring Church and State The directive states: “No organiza- tion may be discriminated against on the basis of religious character or affili- ation in the administration or distribu- tion of federal financial assistance. ... Faith-based and other community organizations must be able to compete on an equal footing for federal financial assistance. ... Faith-based organiza- tions may not be required as a condi- tion of federal assistance to sacrifice their independence, autonomy, ex- pression or religious character. Among other things, faith-based organizations may use their facilities to provide social services supported by USAID, without removing or altering religious art, icons, scriptures or other symbols from these facilities. In addition, a faith- based organization may retain religious terms in its name, select its boardmem- bers on a religious basis, and include 50 F O R E I G N S E R V I C E J O U R N A L / J U N E 2 0 0 7 Directive 04-08 and Executive Order 13279 alter the longstanding practice that groups preach religion in one space and run government programs in another.