So when President Obama signs the Ryan White HIV/AIDS Treatment Extension Act this morning (11:50am EST), will he also fully repeal the travel ban that keeps HIV-positive foreigners from entering the country or becoming citizens? That’s what’s expected. But wait: Doesn’t that mean Obama will be knocking down a law without Congress’ approval? (UPDATE: Obama did it.)
It would seem so.
Congress OK’d the then-six-year-old law in 1993, back when AIDS was still reason enough to get scurrrred about shaking hands with someone who’s positive. Last year, Sens. John Kerry and Gordon Smith, along with Rep. Barbara Lee got a reversal on the ban through Congress, but before President George W. Bush could finalize everything (he signed it into law), his term expired.
Which appears to be how Obama will clean up some unfinished business without having to get lawmakers to issue another reversal: Just pick up where Bush left off.
The Office of Management and Budget and the Health and Human Services Department are already working on what happens post-repeal.
And if Obama makes good on rumor and kills the travel ban while re-upping billions of federal dollars for AIDS treatment and prevention programs, well, won’t we have one less thing to bitch about?
UPDATE: Obama just did as expected, signing the Ryan White extension, and the end of the HIV Travel and Immigration Ban. The new rules take effect in January — as the Department of Health and Human Services is given 60 days to enact the new rules — meaning HIV status is no longer a factor in issuing visas or immigration papers.
OBAMA’S FULL REMARKS on the next page.
We often speak about AIDS as if it’s going on somewhere else. And for good reason — this is a virus that has touched lives and decimated communities around the world, particularly in Africa. But often overlooked is the fact that we face a serious HIV/AIDS epidemic of our own — right here in Washington, D.C., and right here in the United States of America. And today, we are taking two important steps forward in the fight that we face here at home.
It has been nearly three decades since this virus first became known. But for years, we refused to recognize it for what it was. It was coined a “gay disease.” Those who had it were viewed with suspicion. There was a sense among some that people afflicted by AIDS somehow deserved their fate and that it was acceptable for our nation to look the other way.
A number of events and advances over the years have broadened our understanding of this cruel illness. One of them came in 1984, when a 13-year-old boy from central Indiana contracted HIV/AIDS from a transfusion. Doctors assured people that Ryan White posed no risk to his classmates or his community. But ignorance was still widespread. People didn’t yet understand or believe that the virus couldn’t be spread by casual contact. Parents protested Ryan’s attendance in class. Some even pulled their kids out of school. Things got so bad that the White family had to ultimately move to another town.
It would have been easy for Ryan and his family to stay quiet and to fight the illness in private. But what Ryan showed was the same courage and strength that so many HIV-positive activists have shown over the years and shown around — show around the world today. And because he did, we didn’t just become more informed about HIV/AIDS, we began to take action to fight it.
In 1990, the year Ryan passed away, two great friends and unlikely political allies, Ted Kennedy and Orrin Hatch, came together and introduced the Comprehensive AIDS Resources Emergency Act — the CARE Act — which was later named after Ryan.
In a few minutes, I’m going to sign the fourth reauthorization of the Ryan White CARE Act. Now, in the past, policy differences have made reauthorizations of this program divisive and controversial. But that didn’t happen this year. And for that, the members of Congress that are here today deserve extraordinary credit for passing this bill in the bipartisan manner that it deserves: Tom Harkin and Mike Enzi in the Senate, we are grateful to you for your extraordinary work; Speaker Pelosi, who’s always leading the charge on so many issues; Frank Pallone, Jr., Joe Barton, Barbara Lee and Donna Christensen in the House, thank you for your extraordinary work — oh don’t worry, I’m getting to Henry. (Laughter.) Nancy is always looking out for members, but we’ve got a special section for Henry.
And Chairman Henry Waxman, who began holding hearings on AIDS in 1982, before there was even a name for AIDS, was leading here in Washington to make sure that this got the informed attention that it deserved and who led the House in passing the original Ryan White legislation in 1990.
I also want to acknowledge the HIV community for crafting a consensus document that did so much to help move this process forward. Some of the advocates so important to this legislation are with us here today: Ernest Hopkins from Cities Advocating for Emergency AIDS Relief; Frank Oldham, Jr., President and CEO of the National Association of People with AIDS; and Julie Scofield, Executive Director of the National Alliance of State and Territorial AIDS Directors.
And I’m especially honored that Ryan’s mother, Jeanne White-Ginder, is here today. For 25 years, Jeanne had an immeasurable impact in helping ramp up America’s response to this epidemic. While we lost Ryan at too young an age, Jeanne’s efforts have extended the lives and saved the lives of so many others. We are so appreciative to you. Thank you. (Applause.)
You know, over the past 19 years this legislation has evolved from an emergency response into a comprehensive national program for the care and support of Americans living with HIV/AIDS. It helps communities that are most severely affected by this epidemic and often least served by our health care system, including minority communities, the LGBT community, rural communities, and the homeless. It’s often the only option for the uninsured and the underinsured. And it provides life-saving medical services to more than half a million Americans every year, in every corner of the country.
It’s helped us to open a critical front on the ongoing battle against HIV/AIDS. But let me be clear: This is a battle that’s far from over, and it’s a battle that all of us need to do our part to join. AIDS may no longer be the leading killer of Americans ages 25 to 44, as it once was. But there are still 1.1 million people living with HIV/AIDS in the United States, and more than 56,000 new infections occur every single year.
Some communities still experience unacceptably high rates of infection. Gay men make up 2 or 3 percent of the population, but more than half of all new cases. African Americans make up roughly half of all new cases. Nearly half of all new cases now occur in the South. And a staggering 7 percent of Washington, D.C.’s residents between the ages of 40 and 49 live with HIV/AIDS — and the epidemic here isn’t as severe as it is in several other U.S. cities.
So tackling this epidemic will take far more aggressive approaches than we’ve seen in the past — not only from our federal government, but also state and local governments, from local community organizations, and from places of worship.
But it will also take an effort to end the stigma that has stopped people from getting tested; that has stopped people from facing their own illness; and that has sped the spread of this disease for far too long. A couple of years ago Michelle and I were in Africa and we tried to combat the stigma when we were in Kenya by taking a public HIV/AIDS test. And I’m proud to announce today we’re about to take another step towards ending that stigma.
Twenty-two years ago, in a decision rooted in fear rather than fact, the United States instituted a travel ban on entry into the country for people living with HIV/AIDS. Now, we talk about reducing the stigma of this disease — yet we’ve treated a visitor living with it as a threat. We lead the world when it comes to helping stem the AIDS pandemic — yet we are one of only a dozen countries that still bar people from HIV from entering our own country.
If we want to be the global leader in combating HIV/AIDS, we need to act like it. And that’s why, on Monday my administration will publish a final rule that eliminates the travel ban effective just after the New Year. Congress and President Bush began this process last year, and they ought to be commended for it. We are finishing the job. It’s a step that will encourage people to get tested and get treatment, it’s a step that will keep families together, and it’s a step that will save lives. (Applause.)
We are continuing the work of crafting a coordinated, measurable national HIV/AIDS strategy to stem and suppress this epidemic. I’m pleased to report that the Office of National AIDS Policy, led by Jeffrey Crowley, has already held eight in a series of 14 community discussions in cities across the country. They’ve brought together faith-based organizations and businesses, schools and research institutions, people living with HIV and concerned citizens, gathering ideas on how to target a national response that effectively reduces HIV infections, improves access to treatment, and eliminates health disparities. And we are encouraged by the energy, the enthusiasm, and great ideas that we’ve collected so far.
We can’t give Ryan White back to Jeanne, back to his mom. But what we can do — what the legislation that I’m about to sign has done for nearly 20 years — is honor the courage that he and his family showed. What we can do is to take more action and educate more people. What we can do is keep fighting each and every day until we eliminate this disease from the face of the Earth.
So with that, let me sign this bill.
JoeB
Congress did repeal the ban last year. You state it in the next paragraph. You’re trying to make the analogy that he can strike down this law but not strike down DADT w/o congressional approval, but that’s not the case.
I believe that Obama should issue an order to not enforce DADT, but it doesn’t excuse presenting factually inaccurate information to make that point.
HS Diploma?
You are an ignorant shmuck. Congress repealed the law, and the President has to implement the regs. Did you attend a high school civics class or just graduate “bitter gay blogger” school?
Seriously, such uninformed comments hurt our cause.
Tom
The ban on HIV+ travelers and immigrants was an embarrassment for the United States. Lifting the ban was a long time coming and however we finally got there it is good news for anyone affected by HIV.
Rick
JoeB is right. Repeal of the ban was approved by Congress and signed into law by Bush before he left office. The ban remained in placed until the policy could be revised, which has been done, hence the announcement.
Jan (The Netherlands)
Anyway it is great news, let us celebrate this event!
I thank all who has made this possible.
Go on in solidarity on your path to equal rights in hearts and minds, knowing you are not alone!
Have a great time!
Brian
I fail to understand Queerty’s intense antipathy to President Obama. When I read that statement, which you’ve buried in pge 2 of your post, I read one of the most reasoned, intelligent and compassionate statements ever made by an American President about AIDS.
We should certainly continue to press Obama on his stated promises to gay Americans, but we also need to recognize what he’s done already in the first 9 months of his Presidency.
Lifting the ban on immigration for HIV+ people will affect many people’s lives – across the racial and economic spectrum. It will allow families to stay together and will allow people to make their homes here in the United States. The extension of the Ryan White Act will similarly affect many, many people in our community – especially the most underprivileged.
I want Obama to come out proactively against DOMA, as we all do. And, though the issue is not one that I care about, if gay men and women want to fight wars for the United States, then they should be allowed to just like anyone else. However, I think it’s high time that we start seeing his effort to pass universal health care as a HUGE issue for the gay community, which includes among its numbers lots and lots of people who struggle with their health care.
Let’s push Obama when necessary, but do so in a way that doesn’t make us appear narrow-minded in the process.
Markie-Mark
I think this article is rather poorly written. Someone please correct me if I have the history wrong: The bill banning HIV + people from entering the USA was written by Jesse Helms and signed by Bill Clinton. Last year Congress overturned it and it has taken Obama 10 months to issue the order enforcing Congress’ action.
Maybe we should be discussing why Obama finally decided to issue the order to enforce this year-old action by Congress. Possibly because the gAyTM is closed?
And, Brian, I don’t think you’re going to be very happy with the healthcare “reform” that we’ll end up with. Unless maybe you work for the healthcare industry. I’m just saying.
Peter
Queerty = bitter, lifeless gay who has nothing to do but bitch about things in their life.
Attmay
Peter=ad hominem-spouting sock puppet troll unable to take any criticism of his BFF Obama.
alicia banks
at best, obama is ONLY a frenemy to gays.
at worst, he is akin to all of his homohating bromancers.
when will gays stop acting like his doormats?
when will we stop expecting him to act as a friend???
shame!!!
alicia banks
ELOQUENT FURY
Jan
@alicia banks
Can you give some objective arguments to your written opinion in this thread.
I’am living outside the USA, maybe I miss your point: I will ask, maybe you will tell and explain.
Jan
@Scully J, not to mix with SJ
Please explain your childish reaction, I recieved a full page!!, are you normal?
Scully Johnston
Yes. See bad situation. No forgiveness. When you discuss the issues with them, you can talk privately, since there is no room for trivial talk.
Scully Johnston
I hoped also saying that had hates the black. They can see their night of darkness compared to you, and is the common big penis. I’ m envies my work, and, unfortunately, a spot, but I in the size the hope am the similar 9 inches…
alicia banks
jan:
see all my argments about obama at my sites
peace
ab
OUTLOOK
&
ELOQUENT FURY
Agito
I don’t know if I can agree Alicia.
Jan
@Agito
Just stay to the subject of this thread.She, neither SJ hasn’t an written argument, although I have asked.
Nice to meet you.
AL
I don’t understand the outburst of joy regarding the repeal of HIV travel ban. The government has a perfectly legitimate authority to bar the entry of immigrants with potentially hazardous diseases. Not a wise decision.
Border Jumpers
Just FYI we are travel blogging from Africa (currently in Uganda) at our website called Border Jumpers or http://www.borderjumpers.org (via twitter @borderjumping).
Here is a post we wrote about the United States lifting the travel ban on people with HIV:
http://borderjumpers1.blogspot.com/2009/11/only-on-todays-news.html
We might be naïve (and grossly uninformed), but we didn’t realize until we just opened the New York Times website that the United States had a ban on letting HIV-positive people travel or immigrate to the United States. In place for 22 years, the ban was enacted at the height of the AIDS epidemic when fear overruled science. Today, thankfully, some (but by no means all) of the stigma of HIV/AIDS has disappeared.
But the fact that the ban was ever in place is disturbing and confusing, especially as we write this from Nairobi, Kenya, a place where over seven percent of the adult population is infected with HIV, the virus that causes AIDS. The local newspapers classified ads advertise singles looking for love, who freely—and without shame—announce their HIV positive status.
We are also encouraged on the ground by the growing widespread availability of free condoms, the AIDS awareness/education campaigns, and growing number of clinics and medical facilities for sex workers. For Danielle, it is a remarkable improvement from her last visit to Kenya, when the media didn’t report as widely about the disease. Still, the crisis continues to be widespread here–and the effects on farming, on the workforce, and on households is alarming.
All our best, Danielle Nierenberg and Bernard Pollack