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Executive Order 11691 🏛️✅ Zone 1: Maximum Authority Constitutional Neutral (+0.02) 📜 10th Amend: Intergovernmental Federalism Cooperation

Executive Order 11691—Adjusting Rates of Pay for Certain Statutory Pay Systems

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Friday, December 15, 1972
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3 min read (561 words)

Executive Brief • At a Glance

⏱️ 3 min read (561 words) • ● In Effect
🎯 Primary Mandate

The per annum salaries of Foreign Service officers in the schedule contained in section 412 of the Foreign Service Act of 1946, as amended (22 U.S.C. 867), are adjusted as follows: (b) The per annum salaries of staff officers and employees in the schedule contained in section 415 of the Foreign Service Act of 1946, as amended (22 U.S.C. 870(a)), are adjusted as follows: Salary Limitation SEC. 4.

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 10th Amend: Intergovernmental Federalism Cooperation
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Foreign Nations & International Entities

Plain-English Translation & Framers' Constitutional Analysis

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

Signed by President Richard Nixon on December 15, 1972, this order concerns Adjusting Rates of Pay for Certain Statutory Pay Systems. General Schedule SECTION 1. The rates of basic pay in the General Schedule contained in section 5332(a) of title 5 of the United States Code are adjusted as follows: Schedules for the Department of Medicine and Surgery of the Veterans' Administration SEC. 2.

Constitutional Assessment: Reviewed under the Tenth Amendment and the principle of dual federalism, this order touches upon domains traditionally reserved to the sovereign States. The Framers would caution against any attempt to commandeer state officers or displace local police powers through federal executive fiat.

Key Directives & Operative Actions

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The per annum salaries of Foreign Service officers in the schedule contained in section 412 of the Foreign Service Act of 1946, as amended (22 U.S.C. 867), are adjusted as follows: (b) The per annum salaries of staff officers and employees in the schedule contained in section 415 of the Foreign Service Act of 1946, as amended (22 U.S.C. 870(a)), are adjusted as follows: Salary Limitation SEC. 4.

▪

Notwithstanding the rates of basic pay or salaries established by sections 1, 2, and 3 of this order, under section 5308 of title 5 of the United States Code no rate of basic pay or salary may be paid which is in excess of the rate now or hereafter provided for level V of the Executive Schedule.

▪

The agencies hereinafter designated shall prescribe such rules as may he necessary to convert the rates of basic pay or salaries of officers and employees to the rates prescribed in this order: (1) General Schedule, the Civil Service Commission; (2) Schedules for the Department of Medicine and Surgery of the Veterans' Administration, the Veterans' Administration; (3) Foreign Service schedules, the Department of State.

▪

Consistent with the provisions of section 3 of the Economic Stabilization Act Amendments of 1971, this order shall take effect as of the first day of the first applicable pay period beginning on or after January 1, 1973.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Foreign Nations & International Entities 🏛️ Public Health & Medical Institutions
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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 1 (Maximum Authority)
§

"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM

James Madison

Separation of Powers & Legislative Primacy

"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)

Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.

Madisonian Stance: Concurring (Statutory)
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: Supportive of Execution
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." — 10th Amendment to the US Constitution (1791)

Mason would scrutinize whether this federal directive intrudes into police powers, land stewardship, or municipal domains historically reserved to local citizens. The Anti-Federalist demand is that federal administration must never supplant state self-governance.

Anti-Federalist Stance: Eternal Vigilance Required
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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
36 / 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

Low Friction

Focuses on internal governmental operations with no direct impairment of private rights or property.

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

Youngstown Jacksonian Tier

Low Friction

The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.

Benchmark: Express or Implied Congressional Authorization
⚖️ 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%).
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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
561
3,577 characters
Estimated Read Time
3 min
@ 200 words / min
Flesch-Kincaid
11
High School
Language Tone Score
+0.02
Constitutional Neutral
How is this scored?
Text size:

Official Archival Text

View Source Document

By virtue of the authority vested in me by subchapter I of chapter 53 of title 5 of the United States Code, it is hereby ordered as follows: General Schedule SECTION 1. The rates of basic pay in the General Schedule contained in section 5332(a) of title 5 of the United States Code are adjusted as follows: Schedules for the Department of Medicine and Surgery of the Veterans' Administration SEC. 2. The schedules contained in section 4107 of title 38 of the United States Code, for certain positions within the Department of Medicine and Surgery of the Veterans' Administration, are adjusted as follows: "Section 4103 Schedule "Associate Deputy Chief Medical Director, the annual rate provided for positions in level V of the Executive Schedule. "Assistant Chief Medical Director, $41,734*. "Medical Director, $36,103 minimum* to $40,915 maximum*. "Director of Nursing Service, $26,898 minimum to $34,971 maximum. "Director of Chaplain Service, $26,898 minimum to $34,971 maximum. "Chief Pharmacist, $26,898 minimum to $34,971 maximum. "Chief Dietitian, $26,898 minimum to $34,971 maximum. "Physician and Dentist Schedule "Director grade, $31,203 minimum to $39,523 maximum*. "Executive grade, $28,996 minimum to $37,699 maximum*. "Chief grade, $26,898 minimum to $34,971 maximum. "Senior grade, $23,088 minimum to $30,018 maximum. "Intermediate grade, $19,700 minimum to $25,613 maximum. "Full grade, $16,682 minimum to $21,686 maximum. "Associate grade, $13,996 minimum to $18,190 maximum. "*The salary for employees at these rates is limited by section 5308 of title 5 of the United States Code to the rate for level V of the Executive Schedule (as of the effective date of this salary adjustment, $36,000). "Nurse Schedule "Assistant Director grade, $23,088 minimum to $30,018 maximum. "Chief grade, $19,700 minimum to $25,613 maximum. "Senior grade, $16,682 minimum to $21,686 maximum. "Intermediate grade, $13,996 minimum to $18,190 maximum. "Full grade, $11,614 minimum to $15,097 maximum. "Associate grade, $10,012 minimum to $13,018 maximum. "Junior grade, $8,572 minimum to $11,146 maximum." Foreign Service Schedules SEC. 3. (a) The per annum salaries of Foreign Service officers in the schedule contained in section 412 of the Foreign Service Act of 1946, as amended (22 U.S.C. 867), are adjusted as follows: (b) The per annum salaries of staff officers and employees in the schedule contained in section 415 of the Foreign Service Act of 1946, as amended (22 U.S.C. 870(a)), are adjusted as follows: Salary Limitation SEC. 4. Notwithstanding the rates of basic pay or salaries established by sections 1, 2, and 3 of this order, under section 5308 of title 5 of the United States Code no rate of basic pay or salary may be paid which is in excess of the rate now or hereafter provided for level V of the Executive Schedule. Conversion Rules SEC. 5. The agencies hereinafter designated shall prescribe such rules as may he necessary to convert the rates of basic pay or salaries of officers and employees to the rates prescribed in this order: (1) General Schedule, the Civil Service Commission; (2) Schedules for the Department of Medicine and Surgery of the Veterans' Administration, the Veterans' Administration; (3) Foreign Service schedules, the Department of State. Effective Date SEC. 6. Consistent with the provisions of section 3 of the Economic Stabilization Act Amendments of 1971, this order shall take effect as of the first day of the first applicable pay period beginning on or after January 1, 1973. RICHARD NIXON The White House, December 15, 1972.

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Referenced By Later Executive Orders (2)

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

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Scholarly & Legal Citations

Exec. Order No. 11,691 (Dec. 15, 1972), https://executiveordersarchive.org/orders/app-executive-order-11691-adjusting-rates-pay-for-certain-statutory-pay-systems.