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Executive Order 12292 Constitutional Neutral (+0.02)

Executive Order 12292—Foreign Service Act of 1980

Ronald Reagan Ronald Reagan
•
Monday, February 23, 1981
•
6 min read (1,155 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 Ronald Reagan on 1981-02-23, establishes federal administrative policy concerning "Foreign Service Act of 1980." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

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

▪ 9154, as amended, is amended by inserting immediately before the period at the end thereof a comma and the words "or under authority of section 303 of the Foreign Service Act of 1980 (22 U.S.C.
▪ 10903 is amended as follows: (a) In the preamble, strike out "section 303 of the Foreign Service Act of 1946 (22 U.S.C.
▪ 11034 is amended by striking out in Section 5(c) after "provided by section" all that follows in that sentence and inserting in lieu thereof "310 of the Foreign Service Act of 1980 (22 U.S.C.
▪ 12137 is amended as follows: (a) Section 1-111 is amended by striking out "1946, as amended" and inserting in lieu thereof" 1980".

Constitutional & Societal Entities Impacted

🏛️ Sovereign State Governments & Localities 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities
Total Words
1,155
6,521 characters
Estimated Read Time
6 min
@ 200 words / min
Flesch-Kincaid
10.2
Post-Grad reading level
Constitutional Polarity
+0.02
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 12292, Ronald Reagan (Feb 23, 1981). Available at https://executiveordersarchive.org/orders/app-executive-order-12292-foreign-service-act-1980.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
By the authority vested in me as President by the Constitution and laws of the United States of America, including the Foreign Service Act of 1980 (94 Stat. 2071; 22 U.S.C. 3901 et seq.), and in order to conform existing Executive Orders to changes resulting from that Act, it is hereby ordered as follows: Section 1. Section l(k) of Executive Order No. 9154, as amended, is amended by inserting immediately before the period at the end thereof a comma and the words "or under authority of section 303 of the Foreign Service Act of 1980 (22 U.S.C. 3943)". Sec. 2. Section 1 of Executive Order No. 10471 is amended as follows: (a) strike out "section 202(c) of the Annual and Sick Leave Act of 1951, as added by the act of July 2, 1953, Public Law 102, 83rd Congress" and insert in lieu thereof "section 6305(b) of title 5 of the United States Code"; (b) strike out "said section 202 (c) (2)" and insert in lieu thereof "said section 6305(b)"; (c) strike out "section 411 of the Foreign Service Act of 1946" and insert in lieu thereof "section 401 of the Foreign Service Act of 1980 (22 U.S.C. 3961)". Sec. 3. Section 2 of Executive Order No. 10624, as amended, is amended as follows: (a) In clause (1), strike out "Title II of the Overseas Differentials and Allowances Act" and insert in lieu thereof "subchapter III of chapter 59 of title 5 of the United States Code"; (b) Clause (2) is amended to read as follows: "so much of the authority vested in the Secretary of State by chapter 9 of Title I of the Foreign Service Act of 1980, as relates to allowances and benefits under the said chapter 9 of Title I of the Foreign Service Act of 1980, as relates to allowances and benefits under the said chapter 9 of title I;" Sec. 4. Executive Order No. 10903 is amended as follows: (a) In the preamble, strike out "section 303 of the Foreign Service Act of 1946 (22 U.S.C. 843),"; (b) In section l(a) strike out "section 111 (3) of the Overseas Differentials and Allowances Act (74 Stat. 792)" and insert in lieu thereof "section 5921 (3) of title 5, United States Code,"; (c) In Section l(b): (1) strike out "Title II of the Overseas Differentials and Allowances Act" and insert in lieu thereof "subchapter III of chapter 59 of title 5 of the United States Code,"; (2) strike out "202, 203, and 221(4)(B) of that Act" and insert in lieu thereof "5922(b), 5922(c), and 5924(4) (B) of that title"; (3) strike out "Title II of the Act" and insert in lieu thereof "said subchapter". (d) In Section 1(c), strike out "section 22 of the Administrative Expenses Act of 1946 (added by section 311(a) of the Overseas Differentials and Allowances Act)" and insert in lieu thereof "5913 of title 5 of the United States Code". (e) In Section l(e): (1) strike out "235(a) (2)" and insert in lieu thereof "235(2)"; and (2) strike out "section 901 of the Foreign Service Act of 1946, as amended" and insert in lieu thereof "section 905 of the Foreign Service Act of 1980 (22 U.S.C. 4085)". (f) strike out paragraphs (d) and (f) of Section 1 and redesignate paragraphs (e) and (g) thereof as paragraphs (d) and (e), respectively. Sec. 5. Executive Order No. 11034 is amended by striking out in Section 5(c) after "provided by section" all that follows in that sentence and inserting in lieu thereof "310 of the Foreign Service Act of 1980 (22 U.S.C. 3950).". Sec. 6. Executive Order No. 11219 is amended as follows: (a) Section i is amended by striking out "officer or employee" and inserting in lieu thereof "member"; (b) Section 1 (b) is amended by inserting after "as amended," "the Foreign Service Act of 1980," and by striking out "that Act" and inserting in lieu thereof "the latter Act"; (c) Section 5 is amended by striking out "an officer or employee in"and inserting in lieu thereof "a member of" and by inserting after "as amended," "the Foreign Service Act of 1980," and by striking out "that Act" and inserting in lieu thereof "the latter Act". Sec. 7. Executive Order No. 12137 is amended as follows: (a) Section 1-111 is amended by striking out "1946, as amended" and inserting in lieu thereof" 1980". (b) Section 1-401 is amended by striking out "528 of the Foreign Service Act of 1946 (22 U.S.C. 928)" and inserting in lieu thereof, "310 of the Foreign Service Act of 1980 (22 U.S.C. 3950)". Sec. 8. Executive Order No. 12163 is amended as follows: (a) Section 1-201(a) (14) is revoked. (b) Section 1-201(b) is amended by inserting "and" following "602(q)," and by striking out "and 625 (k) (1)"; (c) Section 1-602(a) is amended by striking out "625(d) (1)" each time it appears and inserting in lieu thereof "625(d)". (d) Section 1-602(b) is amended by striking out "section 528 of the Foreign Service Act of 1946" and inserting in lieu thereof "section 310 of the Foreign Service Act of 1980 (22 U.S.C. 3950)". (e) Section 1-603 is amended by striking out after "allowances", all that follows through "Foreign Service Act of 1946 (22 U.S.C. 801 et seq.)," and inserting in lieu thereof "authorized for a chief of mission as defined in section 102(a) (3) of the Foreign Service Act of 1980 (22 U.S.C. 3902(a) (3)),". Sec. 9. Executive Order No. 12228 is amended as follows: (a) Section 1-102(c) (1) is amended by striking out "Section 911 (9) of the Foreign Service Act of 1946, as amended (22 U.S.C. 1136(9))" and inserting in lieu thereof "Section 901 (6) of the Foreign Service Act of 1980 (22 U.S.C. 4081(6))"; (b) Section 1-103 is amended by striking out "Foreign Service Act of 1946, as amended" and inserting in lieu thereof "Foreign Service Act of 1980". Sec. 10. The following are hereby revoked: (a) Executive Order No. 9452 of June 26, 1944; (b) Executive Order No. 9799 of November 8, 1946; (c) Executive Order No. 9837 of March 27, 1947; (d) Executive Order No. 9932 of February 27, 1948; (e) Executive Order No. 10249 of June 4, 1951; (f) Section 2 of Executive Order No. 10477 of August 1, 1953; (g) Executive Order No. 10897 of December 2, 1960; (h) Part III of Executive Order No. 11264 of December 31, 1965, as amended; (i) Sections 1, 3, and 5 of Executive Order No. 11434 of November 8, 1968; (j) Executive Order No. 11636 of December 17, 1971; (k) Executive Order No. 12066 of June 29, 1978; (l) Executive Order No. 12145 of July 18, 1979; (m) Section 1-104(b) of Executive Order No. 12188 of January 2, 1980. Sec. 11. This Order shall be effective as of February 15, 1981. RONALD REAGAN The White House, February 23, 1981. [Filed with the Office of the Federal Register, 10:53 a.m., February 24, 1981]