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Executive Order 12963 Constitutional Fidelity (+0.66)

Executive Order 12963—Presidential Advisory Council on HIV/AIDS

William J. Clinton William J. Clinton
•
Wednesday, June 14, 1995
•
2 min read (465 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President William J. Clinton on 1995-06-14, establishes federal administrative policy concerning "Presidential Advisory Council on HIV/AIDS." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: Evaluated against the Fifth Amendment, this action touches upon property or economic rights. An early statesman would insist upon strict adherence to due process of law and the constitutional guarantee that private holdings shall not be encumbered or taken for public purposes without just compensation and lawful process.

Key Directives & Operative Actions

▪ The Advisory Council shall be composed of not more than 30 members to be appointed or designated by the Secretary.
▪ The Advisory Council shall comply with the Federal Advisory Committee Act, as amended (5 U.S.C.
▪ The Advisory Council shall provide advice, information, and recommendations to the Secretary regarding programs and policies intended to (a) promote effective prevention of HIV disease, (b) advance research on HIV and AIDS, and (c) promote quality services to persons living with HIV disease and AIDS.
▪ The functions of the Advisory Council shall be solely advisory in nature.

Constitutional & Societal Entities Impacted

🏛️ Executive Departments & Federal Civil Servants
Total Words
465
2,960 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
16.5
Post-Grad reading level
Constitutional Polarity
+0.66
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 12963, William J. Clinton (Jun 14, 1995). Available at https://executiveordersarchive.org/orders/app-executive-order-12963-presidential-advisory-council-hivaids.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct the Secretary of Health and Human Services to exercise her discretion as follows: Section 1. Establishment. (a) The Secretary of Health and Human Services (the "Secretary") shall establish an HIV/AIDS Advisory Council (the "Advisory Council" or the "Council"), to be known as the Presidential Advisory Council on HIV/AIDS. The Advisory Council shall be composed of not more than 30 members to be appointed or designated by the Secretary. The Advisory Council shall comply with the Federal Advisory Committee Act, as amended (5 U.S.C. App.). (b) The Secretary shall designate a Chairperson from among the members of the Advisory Council. Sec. 2. Functions. The Advisory Council shall provide advice, information, and recommendations to the Secretary regarding programs and policies intended to (a) promote effective prevention of HIV disease, (b) advance research on HIV and AIDS, and (c) promote quality services to persons living with HIV disease and AIDS. The functions of the Advisory Council shall be solely advisory in nature. The Secretary shall provide the President with copies of all written reports provided to the Secretary by the Advisory Council. Sec. 3. Administration. (a) The heads of executive departments and agencies shall, to the extent permitted by law, provide the Advisory Council with such information as it may require for purposes of carrying out its functions. (b) Any members of the Advisory Council that receive compensation shall be compensated in accordance with Federal law. Committee members may be allowed travel expenses, including per diem in lieu of subsistence, to the extent permitted by law for persons serving intermittently in the Government service (5 U.S.C. section 5701-5707). (c) To the extent permitted by law, and subject to the availability of appropriations, the Department of Health and Human Services shall provide the Advisory Council with such funds and support as may be necessary for the performance of its functions. Sec. 4. General Provisions. (a) Notwithstanding the provisions of any other Executive order, any functions of the President under the Federal Advisory Committee Act that are applicable to the Advisory Council, except that of reporting annually to the Congress, shall be performed by the Department of Health and Human Services, in accordance with the guidelines and procedures established by the Administrator of General Services. (b) This order is intended only to improve the internal management of the executive branch, and it is not intended to create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, it officers, or any person. William J. Clinton The White House, June 14, 1995. [Filed with the Office of the Federal Register, 4:45 p.m., June 14, 1995]