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Executive Order 12228 Constitutional Neutral (+0.02)

Executive Order 12228—Allowances for Personnel on Foreign Duty

Jimmy Carter Jimmy Carter
•
Thursday, July 24, 1980
•
2 min read (451 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 Jimmy Carter on 1980-07-24, establishes federal administrative policy concerning "Allowances for Personnel on Foreign 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

▪ By the authority vested in me as President of the United States of America by Sections 7 and 8 of the Defense Department Overseas Teachers Pay and Personnel Practices Act of 1959, as amended (20 U.S.C.
▪ Payment of the additional compensation authorized by Section 8(a) (2) of the Defense Department Overseas Teachers Pay and Personnel Practices Act of 1959, as amended, shall be governed by the regulations contained in Executive Order No.
▪ 10000, as amended, which govern the payment of additional compensation in foreign areas (referred to as foreign post differential), subject to the provisions of Section 8(b) of that Act (20 U.S.C.
▪ The authority with respect to the allowances or benefits of paragraphs (1) and (4) of Section 235 which are similar to the benefits and allowances provided in the sections of the Foreign Service Act of 1946, as amended, designated in those paragraphs.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Foreign Nations & International Entities
Total Words
451
2,769 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
14.1
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 12228, Jimmy Carter (Jul 24, 1980). Available at https://executiveordersarchive.org/orders/app-executive-order-12228-allowances-for-personnel-foreign-duty.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
By the authority vested in me as President of the United States of America by Sections 7 and 8 of the Defense Department Overseas Teachers Pay and Personnel Practices Act of 1959, as amended (20 U.S.C. 905-906), Section 235 of Title 38 of the United States Code, and Section 301 of Title 3 of the United States Code, and in order to delegate authority with respect to allowances for Veterans Administration personnel and to update existing authorities, it is hereby ordered as follows: 1-101. Payment of the additional compensation authorized by Section 8(a) (2) of the Defense Department Overseas Teachers Pay and Personnel Practices Act of 1959, as amended, shall be governed by the regulations contained in Executive Order No. 10000, as amended, which govern the payment of additional compensation in foreign areas (referred to as foreign post differential), subject to the provisions of Section 8(b) of that Act (20 U.S.C. 906(a) (2) and (b)). 1-102. The following functions vested in the President are delegated to the Secretary of State: (a) That part of the functions in Section 7(a) of the Defense Department Overseas Teachers Pay and Personnel Practices Act which consists of the authority to prescribe regulations relating to quarters and quarters allowances (20 U.S.C. 905(a) ). (b) The authority in Section 8(a) (1) of the Defense Department Overseas Teachers Pay and Personnel Practices Act to prescribe regulations relating to cost of living allowances (20 U.S.C. 906(a) (1)). (c) The following authority in Section 235 of Title 38 of the United States Code to prescribe rules and regulations: (i) Section 235(2), except as that section pertains to an allowance similar to that provided for in Section 911(9) of the Foreign Service Act of 1946, as amended (22 U.S.C. 1136(9)). (2) Section 235(3); (3) Section 235(5); (4) Section 235(6); and (5) Section 235(7). 1-103. The following functions vested in the President by Section 235 of Title 38 of the United States Code are delegated to the Administrator of the Veterans Administration. The authority with respect to the allowances or benefits of paragraphs (1) and (4) of Section 235 which are similar to the benefits and allowances provided in the sections of the Foreign Service Act of 1946, as amended, designated in those paragraphs. 1-104. Executive Order No. 10853, as amended, is revoked. The rules and regulations which were prescribed by the Secretary of State or the Administrator of the Veterans Administration pursuant to Executive Order No. 10853, as amended, and which would be valid if issued pursuant to this Order, shall be deemed to have been issued under this Order. JIMMY CARTER The White House, July 24, 1980. [Filed with the Office of the Federal Register, 10:47 a.m., July 25, 1980]