Assignment of Functions Under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003

This executive order assigns implementation of the 2003 HIV/AIDS, Tuberculosis, and Malaria Act to the Secretary of State, amending a 1979 foreign assistance order. It adds the HIV/AIDS Act to the State Department's functions and includes a standard executive privilege clause protecting presidential constitutional authorities.

Federal Register Open PDF 69 FR 67633

Key directives

Assign HIV/AIDS Act functions to Secretary of State under EO 12163
Require Secretary of State to consult HHS Secretary on section 304 matters
Add State Department Basic Authorities Act functions (22 U.S.C. 2651a) to EO 12163
Add HIV/AIDS Act section 202(d)(4)(C)(i) and (ii) functions to EO 12163
Insert constitutional authority preservation clause (1-906) covering foreign affairs, information withholding, legislative recommendations, and unitary executive supervision

Who is ordered

Timeline

Immediate

State Department assumes lead on HIV/AIDS Act implementation
HHS consultation requirement for section 304 takes effect

Near term (90d)

Interagency coordination procedures to be established

Long term

Ongoing U.S. global health diplomacy structure under State Department leadership

Risks & tensions

HHS-State Department consultation requirement on section 304 may create implementation friction; text does not specify consultation format or dispute resolution
Vague 'unitary executive' and information withholding clauses (1-906) are broadly drafted and could limit congressional or judicial oversight of program implementation
No funding or staffing allocations specified—purely administrative reassignment