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Executive Order 10903 Constitutional Neutral (+0.02)

Executive Order 10903—Delegating Authority of the President With Respect to Regulations Relating to Certain Allowances and Benefits to Government Personnel on Overseas Duty

Dwight D. Eisenhower Dwight D. Eisenhower
•
Monday, January 9, 1961
•
7 min read (1,349 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 1961-01-09, establishes federal administrative policy concerning "Delegating Authority of the President With Respect to Regulations Relating to Certain Allowances and Benefits to Government Personnel on Overseas Duty." 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

▪ The Secretary of State is hereby designated and empowered to perform the following-described functions without the approval, ratification, or other action of the President: (a) The authority vested in the President by section 111(3) of the Overseas Differentials and Allowances Act (74 Stat.
▪ Each place designated as unhealthful by the Secretary hereunder shall be so designated as of January 1, 1942, or as of a later date to be fixed by the Secretary.
▪ 10624 of July 28, 1955, which precedes the proviso thereof, is hereby amended to read as follows: "SEC.
▪ 10853 of November 27, 1959, is hereby amended to read as follows: "SEC.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Foreign Nations & International Entities
Total Words
1,349
8,232 characters
Estimated Read Time
7 min
@ 200 words / min
Flesch-Kincaid
12.7
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 10903, Dwight D. Eisenhower (Jan 9, 1961). Available at https://executiveordersarchive.org/orders/app-executive-order-10903-delegating-authority-the-president-with-respect-regulations-relating.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
By virtue of the authority vested in me by section 301 of title 3 of the United States Code, section 303 of the Foreign Service Act of 1948 (22 U.S.C. 843), and various provisions of law cited in the body of this order, and as President of the United States, it is hereby ordered as follows: SECTION 1. The Secretary of State is hereby designated and empowered to perform the following-described functions without the approval, ratification, or other action of the President: (a) The authority vested in the President by section 111(3) of the Overseas Differentials and Allowances Act (74 Stat. 792) to prescribe regulations defining the term "employee". (b) The authority vested in the President by Title II of the Overseas Differentials and Allowances Act to prescribe regulations, including the regulations referred to in sections 202, 203, and 221(4) (B) of that Act (governing, respectively, (1) certain waivers of recovery, (2) the payment of allowances and differentials authorized by Title II of the Act and certain other matters, and (3) travel expenses for dependents of certain employees). (c) The authority vested in the President by section 22 of the Administrative Expenses Act of 1946 (added by section 311(a) of the Overseas Differentials and Allowances Act), (1) to prescribe regulations governing the allotment to posts in foreign countries, for the purpose stated in that section, of funds available to the departments for administrative expenses, and (2) to designate senior officials of this Government in foreign countries. (d) The authority vested in the President by section 901 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1131), to prescribe regulations governing allowances in order to provide for the proper representation of the United States by officers or employees of the Foreign Service. (e) The authority vested in the President by other provisions of law (including section 235(a) (2) of title 38 of the United States Code) to prescribe regulations governing representation allowances similar to those authorized by section 901 of the Foreign Service Act of 1946, as amended. (f) The authority vested in the President by section 853 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1093), to establish from time to time a list of places which by reason of climatic or other extreme conditions are to be classed as unhealthful posts, and to cancel the designation of any place as unhealthful. Each place designated as unhealthful by the Secretary hereunder shall be so designated as of January 1, 1942, or as of a later date to be fixed by the Secretary. SEC. 2. Executive Order No. 10530 of May 10, 1954, headed "Providing for the performance of certain functions vested in or subject to the approval of the President," as amended, is hereby further amended as follows: (1) By adding at the end of section 1 the following new subsections (s), (t), and (u): "(s) The authority vested in the President by section 1(e) of the Administrative Expenses Act of 1946 (added by section 301(c) of the Overseas Differentials and Allowances Act), and by section 301(d) of the Overseas Differentials and Allowances Act, to prescribe the regulations (relating to storage expenses and other matters) provided for in those sections. "(t) The authority vested in the President by section 1(f) of the Administrative Expenses Act of 1946 (added by section 321 of the Overseas Differentials and Allowances Act) to prescribe regulations governing transportation of the privately owned motor vehicle of an employee assigned to a post of duty outside the continental United States on other than temporary duty orders. "(u) That part of the functions vested in the President by section 7(a) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (73 Stat. 216; 5 U.S.C. 2355(a)) which consists of authority to prescribe regulations relating to storage (including packing, drayage, unpacking, and transportation to and from storage) of household effects and personal possessions." (2) By adding at the end of section 2 the following new subsection (e): "(e) The authority vested in the President by section 203(f) of the Annual and Sick Leave Act of 1951, as amended (65 Stat. 680; 74 Stat. 799-800; 5 U.S.C. 2062(f)), to prescribe regulations governing the granting of leave of absence as therein described." SEC. 3. That portion of section 2 of Executive Order No. 10624 of July 28, 1955, which precedes the proviso thereof, is hereby amended to read as follows: "SEC. 2. In addition to rules and regulations, pertaining to allowances and benefits, otherwise applicable to personnel assigned abroad under Title VI of the Act of August 28, 1954, there shall be applicable to the personnel rules and regulations prescribed by the Secretary of State in pursuance of (1) so much of the authority vested in the President by Title II of the Overseas Differentials and Allowances Act, or by any amendment thereof, as relates to quarters allowances or cost-of-living allowances, and (2) so much of the authority vested in the President and the Secretary of State by Title IX of the Foreign Service Act of 1946, or by any amendment thereof, as relates to allowances and benefits under the said Title IX:" SEC. 4. (a) Section 2 of Executive Order No. 10853 of November 27, 1959, is hereby amended to read as follows: "SEC. 2. The Secretary of State is hereby authorized and directed to exercise the following-described statutory powers of the President: "(a) That part of the functions vested in the President by section 7(a) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (73 Stat. 216; 5 U.S.C. 2355(a)) which consists of authority to prescribe regulations relating to quarters and quarters allowance. "(b) The authority vested in the President by section 8(a) (1) of the Defense Department Overseas and Teachers Pay and Personnel Practices Act (73 Stat. 216; 5 U.S.C. 2356(a) (1)) to prescribe regulations relating to cost-of-living allowances. "(c) The authority vested in the President by section 235 (a) of title 38 of the United States Code to prescribe rules and regulations with respect to allowances and benefits similar to those provided for in section 941 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1156)." (b) The reference in section 1 of Executive Order No. 10853 of November 27, 1959, to the regulations contained in Executive Order No. 10000 of September 16, 1948, shall be deemed to include a reference to the corresponding regulations prescribed in pursuance of the provisions of this order. SEC. 5. (a) The following-described Executive order and parts thereof are hereby revoked, subject to the provisions of section 5 (b) of this order: 1. Parts I, III, IV, and V of Executive Order No. 10000 of September 16, 1948. 2. Executive Order No. 10011 of October 22, 1948. 3. Executive Order No. 10085 of October 28, 1949. 4. Executive Order No. 10100 of January 28, 1950. 5. Executive Order No. 10187 of December 4, 1950. 6. Executive Order No. 10261 of June 27, 1951. 7. Executive Order No. 10313 of December 14, 1951. 8. Executive Order No. 10391 of September 3, 1952. 9. Executive Order No. 10503 of December 1, 1953. 10. Executive Order No. 10623 of July 23, 1955. 11. Section 1 and, to the extent that it pertains to Executive Order No. 10000, section 3 of Executive Order No. 10636 of September 16, 1955. (b) Existing rules and regulations prescribed in or pursuant to the Executive order provisions revoked by section 5(a) of this order, other existing rules and regulations pertaining to allowances, differentials, and other benefits corresponding to those authorized by the provisions of law referred to in this order, and actions heretofore taken in pursuance of any thereof, shall remain in effect until hereafter superseded in pursuance of the provisions of this order. SEC. 6. This order, and such of the regulations prescribed by the Secretary of State, the Director of the Bureau of the Budget, and the Civil Service Commission thereunder as the Secretary, Director, and Commission shall, respectively, determine, shall be published in the FEDERAL REGISTER. DWIGHT D. EISENHOWER THE WHITE HOUSE, January 9, 1961.