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Executive Order 10822 Constitutional Neutral (+0.02)

Executive Order 10822—Further Providing for the Administration of Foreign-Aid Functions

Dwight D. Eisenhower Dwight D. Eisenhower
•
Wednesday, May 20, 1959
•
7 min read (1,470 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 Dwight D. Eisenhower on 1959-05-20, establishes federal administrative policy concerning "Further Providing for the Administration of Foreign-Aid Functions." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

▪ 832), as amended, including particularly sections 521 and 525 thereof, and by section 2(d) of Reorganization Plan No.
▪ 643), and as President of the United States, it is ordered as follows: SECTION 1.
▪ 7249), as amended or affected by Executive Order No.
▪ 9689), is hereby further amended as follows: (a) Section 101 (b) is amended by substituting "106(d) " for "107(b)", by substituting "section 402" for "sections 402 and 505", and by substituting "Chapter I" for "chapter 1 of Title I".

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Foreign Nations & International Entities
Total Words
1,470
8,756 characters
Estimated Read Time
7 min
@ 200 words / min
Flesch-Kincaid
12.9
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 10822, Dwight D. Eisenhower (May 20, 1959). Available at https://executiveordersarchive.org/orders/app-executive-order-10822-further-providing-for-the-administration-foreign-aid-functions.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
By virtue of the authority vested in me by the Mutual Security Act of 1954 (68 Stat. 832), as amended, including particularly sections 521 and 525 thereof, and by section 2(d) of Reorganization Plan No. 8 of 19531 (67 Stat. 643), and as President of the United States, it is ordered as follows: SECTION 1. Executive Order No. 10575 of November 6, 1954 (19 F.R. 7249), as amended or affected by Executive Order No. 10610 of May 9, 1955 (20 F.R. 3179), Executive Order No. 10625 of August 2, 1955 (20 F.R. 5571), Executive Order No. 10663 of March 24, 1956 (21 F.R. 1845), and Executive Order No. 10742 of November 29, 1957 (22 F.R. 9689), is hereby further amended as follows: (a) Section 101 (b) is amended by substituting "106(d) " for "107(b)", by substituting "section 402" for "sections 402 and 505", and by substituting "Chapter I" for "chapter 1 of Title I". (b) Section 101(c) is amended by substituting for the text "and by Executive Order No. 10522 2of March 26, 1954 (19 F.R. 1689) " the words "as amended", and by inserting before the final period the following: "; and the Director is hereby further authorized to carry out the functions of the Board of Foreign Service provided for by the Foreign Service Act of 1946, as amended (60 Stat. 999; 22 U.S.C. et seq.), with respect to personnel appointed or assigned pursuant to section 527(c) of the Act, and to prescribe such regulations and issue such orders and instructions, not inconsistent with law, as may be necessary or desirable for carrying out the foregoing functions; Provided, that nothing herein shall be construed as transferring to the Director any function of the Board of Foreign Service relating to any Foreign Service Officer". (c) Section 102 (a) (1) is amended by substituting "Chapter I" for "chapter 1 of Title I". (d) Section 102(a) (4) is revoked. (e) Section 102 (a) (5) is redesignated section 102(a) (4), and is amended by inserting before the period the following: ", as amended". (f) Section 102(b) is revoked. (g) Section 102(c) is redesignated section 102(b), and is amended by substituting "Chapter I" for "chapter 1 of Title I". (h) Section 103 (a) (1) is amended by substituting a comma for "and", and by inserting after "into" the following: ", and terminating". (i) Section 103(a) (2) is amended by substituting "143, 202(a)," for "202, 204", and by inserting "407," after "405(a),". (j) Sections 103(a) (3) and (4) are redesignated sections 103 (a) (4) and (5), respectively, and a new section 103 (a) (3) is inserted after section 103(a) (2) reading as follows: "(3) The functions conferred upon the President by section 403 of the Act, exclusive of the function of determining any provision of law to be disregarded to achieve the purposes of that section." (k) Section 103(c) is amended by deleting "132(c),". (1) Section 103(d) is amended by deleting ", 102(b),". (m) Section 103(e) is amended by inserting after the parentheses the following: ", as amended". (n) Section 104(b) is amended by inserting "the first sentence of" before "section". (o) The heading of section 106 is amended to read "Allocation and advance of funds." (p) That portion of section 106(a) preceding the numbered paragraphs thereof is amended by inserting "or advanced" after "allocated". (q) Section 106 (a) is amended by inserting ", as amended" after "1956", and by substituting "Chapter I of the Act" for the following: "chapter 1 of Title I of the Act, as amended, and, without regard to section 106(a) (2) of this order, funds for carrying out section 124 of the Act, as amended". (r) Section 106(a) (2) is amended by inserting "made available exclusively" after "except those", and by substituting "Chapter I and Title II of Chapter II" for "chapter 1 of Title I". (s) A new section 106(a) (3) is added after section 106(a) (2), reading as follows: " (3) Funds for carrying out Title II of Chapter II of the Act shall be advanced to the Development Loan Fund." (t) Section 106(b) is amended by inserting "or transferred" after "allocated" in the first sentence, by inserting ", the Development Loan Fund," after "Secretary of Defense" in the first sentence, and by substituting "107(b)" and "411 (d)" for "107(a) (2)" and "411(c)", respectively, in the second sentence. (u) Section 106 is amended by adding at the end thereof a new subsection (d) reading as follows: "(d) The sum provided for in section 402 of the Act and the first sum provided for in section 537(c) of the Act shall be divided between the Department of State and the Department of Defense as those departments shall mutually agree." (v) Section 107 is amended by revoking section 107(a) (6) and section 107 (b), by redesignating sections 107(a) (1), (2), (3), (4), and (5) as sections 107 (a), (b), (c), (d), and (e), respectively, and by deleting "(a) " after the section heading. (w) The section redesignated above as section 107(b) is amended by deleting "132(a),", "401,", and "404,", and by inserting "451(a)," after "410,". (x) The section redesignated above as section 107(c) is amended by substituting "413(c), 523(c)," for "415,", and by inserting "and by the second sentence of section 416 of the Act," before "and, subject to". (y) The section redesignated above as section 107(d) is amended to read as follows: "(d) So much of the functions conferred upon the President by section 144 of the Act as consists of waiving specific provisions of section 142 of the Act." (z) The following is added at the end of section 107 as amended above: "(f) So much of the functions conferred upon the President by section 415 of the Act as consists of furnishing assistance directly to the North Atlantic Treaty Organization for a strategic stockpile of foodstuffs and other supplies, or for other purposes." (z-1) Part I is amended by substituting for section 108 new sections 108 and 109 reading as follows: "SEC. 108. Development Loan Fund. (a) There are hereby delegated to the Managing Director of the Development Loan Fund, acting subject to the supervision and direction of the board of directors of the Development Loan Fund: "(1) So much of the functions conferred upon the President by section 504(a) of the Act as consists of assisting American small business to participate equitably in the furnishing of commodities and services financed with funds authorized under Title II of Chapter II of the Act. "(2) So much of the functions conferred upon the President by section 527(a) of the Act as consists of determining such personnel as need be employed by the Development Loan Fund to carry out the provisions and purposes of the Act. "(b) There is hereby delegated to the Director of the Bureau of the Budget the function conferred upon the President by section 205(e) of the Act with respect to determining the records, personnel, and property of the International Cooperation Administration to be transferred to the Development Loan Fund in the event of disagreement between the Managing Director of the Development Loan Fund and the Director of the International Cooperation Administration. "SEC. 109. Cost-sharing arrangements. Subject to the provisions of section 103 (a) (1) of this order, the functions conferred upon the President by section 527 (e) of the Act are hereby delegated to the several heads of Federal agencies in respect of any functions under the Act performed by officers and employees of those agencies, respectively." (z-2) Part III is amended by renumbering sections 302 and 303 thereof as sections 303 and 304, respectively, and by adding after section 301 a new section 302 reading as follows: "SEC. 302. Employment of personnel overseas. Persons henceforth appointed, employed, or assigned under section 527(c) of the Act for the purpose of performing functions under the Act outside the continental limits of the United States shall not, unless otherwise agreed by the United States Government agency in which such benefits may be exercised, be entitled to the benefits provided by section 528 of the Foreign Service Act of 1946, as amended, in cases in which their service under the appointment, employment, or assignment exceeds thirty months." SEC. 2. Part II of Executive Order No. 10610 of May 9, 1955, is hereby revoked. Any other provision of Executive Order No. 10610 which is inconsistent with any amendment of Executive Order No. 10575 made by this order shall be subject to such amendment. SEC. 3. The first sentence of section 2(a) of Executive Order No. 10477 of August 1, 1953, is hereby amended by adding before the period at the end thereof the following: ", and including also the authority available to the Secretary of State under section 571 of the Foreign Service Act of 1956, as amended". DWIGHT D. EISENHOWER THE WHITE HOUSE, May 20, 1959.