Regarding Regulation on the Organizational Integrity of Entities Implementing Leadership Act Programs and Activities – Notice of Proposed Rulemaking, 73 Fed Reg. 20,900, April 17, 2008
The American Civil Liberties Union (“ACLU”) submits these comments1 on the proposed rule published at 73 Fed. Reg. 20900 (April 17, 2008) toimplement the “pledge requirement” of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, set forth at 22 U.S.C. §7631(f) (Leadership Act). As applied to U.S. individuals and entities, the requirement that non-governmental organizations receiving federal fundsmust have a “policy explicitly opposing prostitution and sex trafficking” is a fundamental restriction on speech that cannot withstand First Amendmentscrutiny. The proposed regulation regarding the “organizational integrity” of entities engaged in HIV/AIDS programs and activities” fails to cure theconstitutional defect; if anything, the proposed rule only exacerbates the constitutional infirmities.