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Executive Order 11315 ⚖️✨ Zone 2: Zone of Twilight Constitutional Neutral (+0.02) 📜 5th Amend: Regulatory Execution with Due Process

Executive Order 11315—Amending the Civil Service Rules to Authorize an Executive Assignment System for Positions in Grades 16, 17, and 18 of the General Schedule

Lyndon B. Johnson Lyndon B. Johnson
•
Thursday, November 17, 1966
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10 min read (2,084 words)

Executive Brief • At a Glance

⏱️ 10 min read (2,084 words) • ● In Effect
🎯 Primary Mandate

After the date of this order and before Civil Service Rule IX has become effective as to a position, an appointing officer may fill the position in accordance with the appointment system in effect on the day of the appointment.

View all 4 directives ↓
⚖️ Constitutional Footing
⚖️✨ Zone 2: Zone of Twilight
Concurrent Authority / Congressional Silence
📜 5th Amend: Regulatory Execution with Due Process
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Executive Departments & Federal Civil Servants
Inspect unabridged text ↓

Plain-English Translation & Framers' Constitutional Analysis

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

Signed by President Lyndon B. Johnson on November 17, 1966, this order concerns Amending the Civil Service Rules to Authorize an Executive Assignment System for Positions in Grades 16, 17, and 18 of the General Schedule. The Civil Service Rules are amended by the addition of Civil Service Rule IX reading as follows: RULE IX. EXECUTIVE ASSIGNMENT SYSTEM FOR POSITIONS IN GRADES GS-16, 17, AND 18 OF THE GENERAL SCHEDULE. In General Section 9.1 Coverage.

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

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Interim appointments

After the date of this order and before Civil Service Rule IX has become effective as to a position, an appointing officer may fill the position in accordance with the appointment system in effect on the day of the appointment.

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Conversion of incumbents

On the day Civil Service Rule IX becomes effective as to a position, the appointment of the incumbent of that position shall be changed as follows: (a) If he is serving under a career or career-conditional appointment in the competitive service, he shall be converted to a Career Executive Assignment; (b) If he is serving in the excepted service under a nontemporary appointment, he shall be converted to a Noncareer Executive Assignment; (c) If he is serving in the competitive service under an indefinite or temporary appointment without definite time limit and: (1) if he has served under this type of appointment for at least five years, he shall be: (i) converted to a Career Executive Assignment, or appointed to a continuing position in the…

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Commission responsibilities

The Civil Service Commission is responsible to the President for the effective implementation and administration of the executive assignment system established by this Order.

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Responsibilities of the agencies

The head of each agency in which there are positions covered by Civil Service Rule IX shall periodically review with the Civil Service Commission his plans for staffing.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Executive Departments & Federal Civil Servants

Policy Areas & Topics

🏷️ Government Operations & Civil Service
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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

⚖️✨ Zone 2 (Zone of Twilight)
§

"When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Concurrent Authority / Congressional Silence
JM

James Madison

Separation of Powers & Legislative Primacy

"Power is of an encroaching nature, and it ought to be effectually restrained from passing the limits assigned to it." — Federalist No. 48 (1788)

Madison would view this order with watchful scrutiny. Operating in the 'Zone of Twilight' where Congress is silent, each such directive establishes an administrative precedent that steadily expands the executive perimeter at the expense of legislative primacy.

Madisonian Stance: Vigilant / Cautionary
AH

Alexander Hamilton

The Energetic Executive & Unified Command

"A feeble Executive implies a feeble execution of the government; and a government ill executed, whatever it may be in theory, must be, in practice, a bad government." — Federalist No. 70 (1788)

Hamilton would view this directive as the natural and indispensable functioning of administrative leadership. Without the power to coordinate agencies, manage personnel, and resolve operational ambiguities, the modern presidency would be reduced to an impotent figurehead.

Hamiltonian Stance: Defends Vigor & Dispatch
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The purse and the sword ought never to be in the same hands... nor the liberties of the citizen placed at the pleasure of a single magistrate." — Virginia Ratifying Convention (1788)

George Mason and the Anti-Federalists would sound a fierce warning. They feared that Article II would inevitably evolve into an elective monarchy. When an executive order impacts private rights, property, or civil liberties without individualized judicial process, Mason would see their darkest predictions verified.

Anti-Federalist Stance: High Bill of Rights Scrutiny
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Five Measurable "Constitutional Friction" Dimensions

An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.

⚖️ Discretionary Twilight Zone
47 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

Moderate Friction

Engages state and local partners in cooperative federalism programs.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments

Due Process & Individual Rights

Moderate Friction

Applies regulatory or compliance standards to private contractors or commercial entities.

Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers

Youngstown Jacksonian Tier

Moderate Friction

The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.

Benchmark: Concurrent Authority / Congressional Silence
⚖️ Audit Synthesis

This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.

Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
ℹ️
How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
2,084
13,691 characters
Estimated Read Time
10 min
@ 200 words / min
Flesch-Kincaid
16.3
Post-Graduate Legal
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document
📑Sections Outline (24 sections)
Sec. 1Sec. 9Sec. 9Sec. 9Sec. 9Sec. 9Sec. 9Sec. 9Sec. 9Sec. 9Sec. 9Sec. 9Sec. 9Sec. 9Sec. 9Sec. 2Sec. 6Sec. 6Sec. 3: Effective datesSec. 4: Interim appointmentsSec. 5: Conversion of incumbentsSec. 6: Commission responsibilitiesSec. 7: Responsibilities of the agenciesSec. 8: Regulations

WHEREAS, the increasing complexities of Government require personnel of the highest attainable qualifications who are capable of assuming and discharging efficiently major and varied duties and responsibilities in the Executive Branch in response to present and future needs; and WHEREAS, this need for high quality can best be met by the establishment of an executive assignment system for the top three grades of the General Schedule, extending and adapting merit principles in recruitment, selection, and development, combined with improvements in the identification, assignment and utilization of key personnel: Now, THEREFORE, by virtue of the authority vested in me by the Constitution of the United States, by 5 U.S.C. 3301 and 3302, and as President of the United States, it is ordered as follows: PART I. CIVIL SERVICE RULES

Section 1. #sec-1

The Civil Service Rules are amended by the addition of Civil Service Rule IX reading as follows: RULE IX. EXECUTIVE ASSIGNMENT SYSTEM FOR POSITIONS IN GRADES GS-16, 17, AND 18 OF THE GENERAL SCHEDULE. In General

Section 9. #sec-9

1 Coverage. Except as otherwise provided by law, this Rule applies to: (a) positions in grades 16, 17, and 18 of the General Schedule that are in the Executive Branch, except positions excluded from the coverage of 5 U.S.C. 3324(a) by paragraphs (1), (2), and (4) thereof and any position now or hereafter excepted under Civil Service Rule VI so long as that exception remains in effect; and (b) persons who are given executive assignments to these positions.

Section 9. #sec-9-2

2 Filling positions covered by this Rule. An appointing officer shall fill a position covered by this Rule by Career Executive Assignment, unless the Commission authorizes a Limited Executive Assignment under section 9.6 of this Rule or a Noncareer Executive Assignment under section 9.20 of this Rule. Career Executive Assignments

Section 9. #sec-9-3

3 Qualifications required for a Career Executive Assignment. After appropriate consultation with the agency concerned the Commission shall establish specific qualification standards for assignment to a Career Executive Assignment.

Section 9. #sec-9-4

4 Recruitment for Career Executive Assignments. (a) Before selecting any person for a Career Executive Assignment the appointing officer shall first consider fully employees under his agency's merit promotion program and available employees of other Federal agencies qualified pursuant to paragraph (b) of this section. Only after this consideration may the appointing officer elect to recruit applicants from outside the Federal service pursuant to paragraph (b) of this section. (b) The Commission shall be responsible for the establishment of special facilities, including special boards and panels, to recruit well-qualified persons for Career Executive Assignments in the Federal service from among employees holding Career Executive Assignments, other eligible employees, and persons outside the Federal service. The appointing officer shall use these special facili ties, including special boards and panels, to recruit applicants from outside the Federal service. (c) The procedures in this section do not apply when the Commission authorizes the movement of an incumbent Career Executive to a Career Executive Assignment at the same or lower grade.

Section 9. #sec-9-5

5 Career Executive Assignments; selection and assignment. (a) An appointing officer shall select a person for a Career Executive Assignment solely on the basis of merit and fitness. He shall not permit or consider any political test, qualification, clearance, or recommendation, and shall not discriminate on the basis of race, religion, national origin, sex, age, or physical disability. (b) The appointing officer may make a Career Executive Assignment only after the Commission has finally approved the qualifications and suitability of the person selected.

Section 9. #sec-9-6

6 Authorization of Limited Executive Assignments. (a) The Commission may authorize agencies to fill a position covered by this Rule by a Limited Executive Assignment when: (1) the position is expected to be of limited duration; or (2) the agency concerned establishes an unusual need for urgent staffing that cannot adequately be met under the procedures required for Career Executive Assignments. (b) The Commission shall specify a time limit within which an agency may use this authority and may revoke this authority at any time.

Section 9. #sec-9-7

7 Qualifications required for a Limited Executive Assignment. After appropriate consultation with the agency concerned the Commission shall establish specific qualification standards for assignment to a Limited Executive Assignment.

Section 9. #sec-9-8

8 Limited Executive Assignment; selection and assignment. An appointing officer may make a Limited Executive Assignment only after the Commission has finally approved the qualifications of the person selected.

Section 9. #sec-9-9

9 Removal from a Limited Executive Assignment. An appointing officer may remove a person from a Limited Executive Assignment when, in his judgment, the purpose of the assignment has been served or conditions warrant discontinuance of the assignment.

Section 9. #sec-9-10

10 Limited Executive Assignment; change to other type of appointment. If a person completes five years of continuous service in an agency in a Limited Executive Assignment the appointing officer shall: (a) convert his assignment to a Career Executive Assignment, or to a Noncareer Executive Assignment; (b) give him a career appointment to a continuing position in the competitive service in grade GS-15, or below; or (c) separate him from the service. Noncareer Executive Assignments

Section 9. #sec-9-11

20 Exception of positions to be filled by Noncareer Executive Assignments. (a) After consulting the agency concerned, the Commission may except a position from the procedures required for making Career Executive Assignments and authorize an agency to fill the position by a Noncareer Executive Assignment when it determines that there is a need for filling the position by a person who will: (1) be deeply involved in the advocacy of Administration programs and support of their controversial aspects; (2) participate significantly in the determination of major political policies of the Administration; or (3) serve principally as personal assistant to or adviser of a Presidential appointee or other key political figure. (b) In determining the positions to be excepted under paragraph (a) of this section the Commission shall: (1) limit the number of positions excepted to a relatively small proportion of the positions in the agency in grades 16, 17, and 18, taking into consideration the size of the agency and the nature of its program; and (2) define the area of the agency's activity in which Noncareer Executive Assignments would be appropriate and specify organizational levels, as distinguished from grade levels, below which Noncareer Executive Assignments would be inappropriate. (c) The Commission shall not except a position which has as its principal responsibility the internal management of an agency, or a position involving long-standing recognized professional duties and responsibilities resting on a body of knowledge essentially politically neutral in nature. However, a position concerned with the direction of a scientific program could be appropriately excepted when it meets the criteria set forth in paragraph (a) (1), (2), or (3) of this section. (d) The Commission shall review periodically the exceptions made under this section and after consulting the agency concerned, shall revoke an exception when the position no longer meets the criteria for exception. Civil Service Rule III, providing for the noncompetitive acquisition of competitive status, shall not apply in such a case. (e) Notice of the Commission's decision to grant or revoke authority to make Noncareer Executive Assignments shall be published in the Federal Register.

Section 9. #sec-9-12

21 Qualifications required for a Noncareer Executive Assignment. After appropriate consultation with the agency concerned the Commission shall establish specific qualification standards for assignment to a Non-career Executive Assignment. In addition, as a qualification for continuance in a Noncareer Executive Assignment, the incumbent must continue to maintain the qualifications and relationships that are required for the particular Noncareer Executive Assignment.

Section 9. #sec-9-13

22 Noncareer Executive Assignment; selection and assignment. An appointing officer may make a Noncareer Executive Assignment only after the Commission has finally approved the qualifications of the person selected. He shall inform each person selected of the qualifications required under section 9.21 of this Rule for assignment to and continuance in a Noncareer Executive Assignment.

Section 9. #sec-9-14

23 Removal from a Noncareer Executive Assignment. An appointing officer shall remove a person from a Noncareer Executive Assignment when the person's qualifications or relationships required for the assignment change or cease to exist. Civil Service Rule VI

Section 2. #sec-2

Civil Service Rule VI is amended in pertinent part as follows: (a)

Section 6. #sec-6

1 (a) is amended to read as follows: "(a) The Commission may except positions from the competitive service when it determines that appointments thereto through competitive examination are not practicable. These positions shall be listed in the Commission's annual report for the fiscal year in which the exceptions are made. The exception from the competitive service is effective on publication in the Federal Register." (b)

Section 6. #sec-6-2

6 is amended to read as follows: "Section 6.6 Revocation of exceptions. The Commission may remove any position from or may revoke in whole or in part any provision of Schedule A, B, or C. These changes are effective on publication in the Federal Register." PART II. SPECIAL PROVISIONS FOR TRANSITION TO THE FULL ESTABLISHMENT OF EXECUTIVE ASSIGNMENTS UNDER RULE IX

Section 3. #sec-3

Effective dates. This order, except section 1, is effective upon filing for publication in the Federal Register. Section 1 of this order is effective not later than one year from the date of this order, or at such earlier dates as the Civil Service Commission may specify for individual agencies or positions.

Section 4. #sec-4

Interim appointments. After the date of this order and before Civil Service Rule IX has become effective as to a position, an appointing officer may fill the position in accordance with the appointment system in effect on the day of the appointment.

Section 5. #sec-5

Conversion of incumbents. On the day Civil Service Rule IX becomes effective as to a position, the appointment of the incumbent of that position shall be changed as follows: (a) If he is serving under a career or career-conditional appointment in the competitive service, he shall be converted to a Career Executive Assignment; (b) If he is serving in the excepted service under a nontemporary appointment, he shall be converted to a Noncareer Executive Assignment; (c) If he is serving in the competitive service under an indefinite or temporary appointment without definite time limit and: (1) if he has served under this type of appointment for at least five years, he shall be: (i) converted to a Career Executive Assignment, or appointed to a continuing position in the competitive service in grade GS-15, or below; (ii) converted to a Noncareer Executive Assignment; or (iii) separated from the service; or (2) if he has served under this type of appointment for less than five years, he shall be: (i) converted to a Noncareer Executive Assignment; (ii) separated from the service; or (iii) allowed to continue to serve until he has served five years, at which time the appointing officer shall take one of the actions provided for in subparagraph (1) of this paragraph. An incumbent who is serving under any other type of appointment shall continue under that appointment until it is terminated. PART III. ADMINISTRATION

Section 6. #sec-6-3

Commission responsibilities. The Civil Service Commission is responsible to the President for the effective implementation and administration of the executive assignment system established by this Order. The Commission shall continuously review operations under this system, shall recommend promptly to the President any changes that are necessary to improve this system, and shall report periodically to the President any significant developments in the operation of the system. The Commission shall recommend to the President a program of special honors and awards for the recognition of persons assigned to Career Executive Assignments and a program for the development and training of persons assigned to Career Executive Assignments. The training program shall include the establishment of special training and educational facilities, and provide for the relevant use of outside training facilities.

Section 7. #sec-7

Responsibilities of the agencies. The head of each agency in which there are positions covered by Civil Service Rule IX shall periodically review with the Civil Service Commission his plans for staffing. The head of a newly established agency shall initially review with the Commission his plans for staffing as soon as practicable after the establishment of the agency. The head of each agency shall cooperate fully with the Commission in the establishment of special facilities and special boards and panels that are required under Civil Service Rule IX as a means of recruiting persons of the highest quality.

Section 8. #sec-8

Regulations. The Civil Service Commission shall prescribe such regulations as may be necessary to carry out the purpose and intent of this Order. LYNDON B. JOHNSON THE WHITE HOUSE November 17, 1966

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Referenced By Later Executive Orders (1)

Subsequent presidents who cited, amended, continued, or revoked this directive in later orders.

Revokes Executive Order 12748—Providing for Federal Pay Adminstration
George Bush • 1991-02-01
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Scholarly & Legal Citations 

Exec. Order No. 11,315 (Nov. 17, 1966), https://executiveordersarchive.org/orders/app-executive-order-11315-amending-the-civil-service-rules-authorize-executive-assignment.