By virtue of the authority vested in me by section 12 of the Pay Readjustment Act of 1942, approved June 16, 1942 (Public Law 607, 77th Congress), and as President of the United States, it is hereby ordered as follows: 1. The heads of the respective departments and establishments concerned, are hereby authorized, in lieu of transportation in kind for travel of dependents of officers, warrant officers, and enlisted men above the fourth grade of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service authorized by the fifth paragraph of the said section 12 upon permanent change of station, to make payment in money of amounts equal to commercial transportation costs for the whole or such part of the travel of such dependents for which transportation in kind is not furnished when such travel shall have been completed. 2. The heads of the respective departments and establishments concerned may prescribe additional regulations not inconsistent herewith or with the terms of the said section 12 as may be necessary for carrying out the provisions of this order. 3. This order shall supersede Executive Order No. 3726, dated August 25, 1922. and shall become effective as of June 1, 1942. FRANKLIN D ROOSEVELT The White House, August 15, 1942.
Executive Order 9222—Authorizing the Payment of Monetary Allowances in Lieu of Transportation in Kind for Dependents of Officers, Warrant Officers, and Enlisted Men Above the Fourth Grade of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and the Public Health Service Upon Permanent Change of Station
Executive Brief • At a Glance
The heads of the respective departments and establishments concerned, are hereby authorized, in lieu of transportation in kind for travel of dependents of officers, warrant officers, and enlisted men above the fourth grade of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service authorized by the fifth paragraph of the said section 12 upon permanent change of station, to make payment in money of amounts equal to commercial transportation costs for the whole or such part of the travel of such dependents for which transportation in kind is not furnished when such travel shall have been completed. 2.
Plain-English Translation & Framers' Constitutional Analysis
Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.
Signed by President Franklin D. Roosevelt on August 15, 1942, this order concerns Authorizing the Payment of Monetary Allowances in Lieu of Transportation in Kind for Dependents of Officers, Warrant Officers, and Enlisted Men Above the Fourth Grade of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and the Public Health Service Upon Permanent Change of Station. The heads of the respective departments and establishments concerned, are hereby authorized, in lieu of transportation in kind for travel of dependents of officers, warrant officers, and enlisted men above the fourth grade of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service authorized by the fifth paragraph of the said section 12 upon permanent change of station, to…
Key Directives & Operative Actions
The heads of the respective departments and establishments concerned, are hereby authorized, in lieu of transportation in kind for travel of dependents of officers, warrant officers, and enlisted men above the fourth grade of the Army, Navy, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service authorized by the fifth paragraph of the said section 12 upon permanent change of station, to make payment in money of amounts equal to commercial transportation costs for the whole or such part of the travel of such dependents for which transportation in kind is not furnished when such travel shall have been completed. 2.
This order shall supersede Executive Order No. 3726, dated August 25, 1922. and shall become effective as of June 1, 1942.
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 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."
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.
Alexander Hamilton
The Energetic Executive & Unified Command
"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)
Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.
George Mason
Bill of Rights, Due Process & 10th Amendment
"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)
The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.
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
Operates within delegated statutory execution without modifying legislative appropriations or taxing powers.
Executive Scope & Faithfulness
Exercises standard supervisory executive authority to faithfully execute existing statutes.
Federalism & State Sovereignty
Engages state and local partners in cooperative federalism programs.
Due Process & Individual Rights
Focuses on internal governmental operations with no direct impairment of private rights or property.
Youngstown Jacksonian Tier
The order relies on inherent Article II executive discretion, civil service management, or foreign diplomacy where Congress has neither expressly approved nor prohibited action.
This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.
Scholarly & Legal Citations
Exec. Order No. 9222 (Aug. 15, 1942), https://executiveordersarchive.org/orders/app-executive-order-9222-authorizing-the-payment-monetary-allowances-lieu-transportation-kind.