In pursuance of the authorization contained in section 12 of the act of May 24, 1924 (43 Stat. 142), which provides "That the President is hereby authorized to grant to diplomatic missions and to consular offices at capitals of countries where there is no diplomatic mission of the United States representation allowances out of any money which may be appropriated for such purpose from time to time by Congress, the expenditure of such representation allowance to be accounted for in detail to the Department of State quarterly under such rules and regulations as the President may prescribe." the following regulations are hereby prescribed. Purposes of Representation Allowances The purposes for which representation allowances are granted, are the assistance in the establishment and maintenance of official contacts, the upholding of the prestige of the United States in the communities in which its representatives are stationed, and the furthering of its interests abroad in the ways recognized as customary in various parts of the world. Scope of Representation Allowances Representation allowances are considered to include the following items; 1. Receptions on American national holidays. 2. Functions, formal or informal, such as receptions, dinners, and luncheons given upon special occasions such as the usual official receptions incident to visits of U.S. naval vessels, of special commissions, or upon some important happening, providing the means of reciprocating official courtesies received, either at a representative's home or at public places. 3. Tips and gratuities in accordance with custom in the various countries where such gratuities are, in the opinion of the representative, necessary or desirable for the maintenance of the prestige of the United States. 4. Purchases of flowers, wreaths, etc., upon appropriate occasions such as weddings, births, and deaths of important personages. 5. Expenses for entertainment of other kinds than that provided for in paragraphs 1 and 2 when considered reasonable and desirable by the Secretary of State, provided that such expenses are shown to be for activities of representative importance. 6. Any other expenses which in the discretion of the Secretary of State are of a character to promote the representation of the United States abroad. Apportionment of Allowances The Secretary of State is hereby authorized to make such allowances within the amount appropriated from year to year to any or all diplomatic offices and to any or all consular offices designated below, as he may deem desirable to accomplish the purposes for which representation allowances are granted. The following places are hereby designated as capitals of countries, within the meaning of the act of May 24, 1924, where there are no diplomatic missions. Consular offices at these places may be granted representation allowances. Capital Country Aden Aden Algiers Algeria Baghdad Iraq Barbados British West Indies Batavia Java Beirut Syria Belize British Honduras Calcutta India Colombo Ceylon Curasao Netherland West Indies Dakar Senegal Danzig Free City of Danzig Funchal Madeira Georgetown British Guiana Gibraltar Gibraltar Hamilton Bermuda Hong Kong Hong Kong Jerusalem Palestine Kingston Jamaica Lagos Nigeria Leopoldville Belgian Congo Lourenço Marques Mozambique Luxemburg Luxemburg Malta Malta Martinique French West Indies Monaco Monaco Nairobi Kenya Nassau Bahamas Saigon French Indo-China St. John's Newfoundland St. Michael's Azores San Marino San Marino Seoul Chosen Singapore Straits Settlements Suva Fiji Islands Sydney Australia Tahiti Society Islands Taihoku Taiwan Tananarive Madagascar Trinidad Trinidad Tunis Tunisia Wellington New Zealand Accounting Representation allowances are granted to the offices determined by the Secretary of State, to be administered personally by the official in charge of such office. Detailed accounts shall be submitted monthly as to the expenditures made and the purposes for which they were made. Supporting vouchers shall be supplied in all cases for expenditures over $5 made under paragraphs 1, 2, 4, and 5 of the section of this order entitled "Scope of Representation Allowances." A specific exception to this requirement is made under paragraph 2, where a function takes place at a representative's home. Vouchers need be submitted in this case only where a caterer or similar purveyor is called upon. In other cases, an officer's certificate as to expenditures made in this connection will be sufficient. In all cases of receptions, dinners, and other entertainment, sufficient information should be included in the account to show the total cost per capita, which shall constitute sufficient detail for accounting purposes. With regard to expenditures under paragraphs 3 and 6 of the section mentioned above, the amounts expended shall be supported by certificates of the officer in charge, except that where any expenditure exceeds $15, a supporting voucher must be obtained. The amount granted to any one office should normally be divided into four equal parts, to be availed of to that extent every three months. This will permit an expenditure of more than one-twelfth of the fund in any one mouth, but will nevertheless prevent a too early exhaustion of the fund. If more than one-fourth is spent in any three months, an explanation should accompany the account for such excess expenditure. Due to express provisions of law, representation allowances may not be used for expenses in connection with any of the following objects: 1. Hire, purchase, operation, maintenance, or repair of any motor-propelled passenger-carrying vehicles. 2. Club or association dues. 3. Printing or engraving expenses. 4. Purchase of alcoholic beverages. According to law, competitive bids must be obtained for all expenditures in excess of $100, except where it is manifestly impossible to obtain such bids, when the circumstances rendering the submission of such bids impossible must be completely set forth. The utmost care shall be exercised in the submission of the accounts for this fund, under the provisions of this order. The character of the appropriation is such that it is incumbent upon each officer in the field who has charge of the expenditure of this appropriation to make certain that the items for which he spends the money are amply justified. HERBERT HOOVER The White House, July 22, 1930.
Executive Order 5400—Regulations Governing Representation Allowances
Executive Brief • At a Glance
In pursuance of the authorization contained in section 12 of the act of May 24, 1924 (43 Stat. 142), which provides "That the President is hereby authorized to grant to diplomatic missions and to consular offices at capitals of countries where there is no diplomatic mission of the United States representation allowances out of any money which may be appropriated for such purpose from time to time by Congress, the expenditure of such representation allowance to be accounted for in detail to the Department of State quarterly under such rules and regulations as the President may prescribe." the following regulations are hereby prescribed.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Herbert Hoover on July 22, 1930, this order concerns Regulations Governing Representation Allowances. In pursuance of the authorization contained in section 12 of the act of May 24, 1924 (43 Stat. 142), which provides "That the President is hereby authorized to grant to diplomatic missions and to consular offices at capitals of countries where there is no diplomatic mission of the United States representation allowances out of any money which may be appropriated for such purpose from time to time by Congress, the…
Key Directives & Operative Actions
In pursuance of the authorization contained in section 12 of the act of May 24, 1924 (43 Stat. 142), which provides "That the President is hereby authorized to grant to diplomatic missions and to consular offices at capitals of countries where there is no diplomatic mission of the United States representation allowances out of any money which may be appropriated for such purpose from time to time by Congress, the expenditure of such representation allowance to be accounted for in detail to the Department of State quarterly under such rules and regulations as the President may prescribe." the following regulations are hereby prescribed.
Apportionment of Allowances The Secretary of State is hereby authorized to make such allowances within the amount appropriated from year to year to any or all diplomatic offices and to any or all consular offices designated below, as he may deem desirable to accomplish the purposes for which representation allowances are granted.
The following places are hereby designated as capitals of countries, within the meaning of the act of May 24, 1924, where there are no diplomatic missions.
Detailed accounts shall be submitted monthly as to the expenditures made and the purposes for which they were made.
Constitutional & Societal Entities Impacted
Policy Areas & Topics
The Framers' Constitutional Council
1787 PrismEvaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.
"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."
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.
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.
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.
Five Measurable "Constitutional Friction" Dimensions
An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.
Legislative Encroachment & Purse
Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.
Due Process & Individual Rights
Applies regulatory or compliance standards to private contractors or commercial entities.
Youngstown Jacksonian Tier
The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 5400 (July 22, 1930), https://executiveordersarchive.org/orders/app-executive-order-5400-regulations-governing-representation-allowances.