Executive Order 9616—Relating to the United States High Commissioner to the Philippine Islands

WHEREAS it is necessary to provide in the Philippine Islands in the interim before independence the most efficient administration of United States civil authority and to provide for the coordination of the activities of departments and other agencies of the United States Government operating in the Philippine Islands; and

WHEREAS the heavy damages to property and life, the disruption of trade, commerce and finance, and the political and social difficulties which surround the government of the Commonwealth of the Philippine Islands as a result of the war are matters of deep concern which require the attention and assistance of the United States Government for the reestablishment of orderly civil government, and for the relief and rehabilitation of the people; and

WHEREAS section 7 (4) of the Philippine Independence Act of March 24, 1934 (48 Stat. 461) as amended, provides that the United States High Commissioner to the Philippine Islands "shall be the representative of the President of the United States in the Philippine Islands, and shall be recognized as such by the government of the Commonwealth of the Philippine Islands, by the commanding officer of the military forces of the United States, and by all civil officials of the United States in the Philippine Islands," and further, that, "He shall perform such additional duties and functions as may be delegated to him from time to time by the President under the provisions of this Act;"

NOW, THEREFORE, by virtue of and pursuant to the authority vested in me by the Constitution and statutes of the United States, and as President of the United States, it is ordered as follows:

1. Executive Order No. 9245 of September 16, 1942, is hereby repealed and the functions, powers, and duties of the United States High Commissioner to the Philippine Islands, together with the personnel, records, property, and funds of the office of the United States High Commissioner to the Philippine Islands are transferred from the Secretary of the Interior to the said United States High Commissioner to the Philippine Islands.

2. All powers and authority of the President in respect to the Philippine Islands and the government of the Commonwealth of the Philippine Islands, its branches, subdivisions, and instrumentalities which may be lawfully so delegated are hereby delegated to the United States High Commissioner to the Philippine Islands.

3. The United States High Commissioner to the Philippine Islands in the Philippine Islands and the Secretary of the Interior in the United States shall be responsible for the representation, administration and coordination of the authority and policies of the United States Government in respect to the Philippine Islands. They shall recommend to the President and to the chief officers of departments and agencies of the United States Government the procedures and policies which in their opinions may be desirable or necessary for the welfare of the people of the Philippine Islands, and for the protection and advancement of the national policies of the United States in the Philippine Islands.

4. The functions, powers and duties of the offices, missions and other agencies of civil departments and agencies of the United States Government represented or operating in the Philippine Islands shall be exercised under the supervision of the United States High Commissioner to the Philippine Islands and such offices, missions and other agencies shall be deemed to the attached to his office.

5. The chief officers of the United States Army and Navy in the Philippine Islands shall maintain close liaison with the United States High Commissioner to the Philippine Islands, make available to him such reports, records and afford him all possible aid and assistance.

6. Except as the Secretary of the Interior may otherwise approve, all representations to the government of the Commonwealth of the Philippine Islands from any department or agency of the United States Government originating in the United States shall be made by or through the Secretary of the Interior, or a member of his staff designated by him, and the United States High Commissioner to the Philippine Islands. Except as the United States High Commissioner to the Philippine Islands may approve, all such representations originating in the Philippine Islands shall be made through the United States High Commissioner to the Philippine Islands, or a member of his staff designated by him, and the Secretary of the Interior shall be promptly informed of representations so made.

7. Except as the Secretary of the Interior may otherwise approve, all representations to the United State Government from officers of the government of the Commonwealth of the Philippine Islands in the United States shall be made to the Secretary of the Interior, or a member of his staff designated by him; Provided, however, That this provision shall not interfere with the right of the Philippine Resident Commissioner to the United States to serve as a delegate to the United States Congress.

8. There is specifically delegated to the United States High Commissioner to the Philippine Islands the authority to employ such staff and assistants as he may require, and, funds being provided therefor, fix their rates of compensation, which rates shall conform in general with the rates fixed in the Classification Act and the Federal Employees Pay Act of 1945 or like acts which may come into effect:

Provided, That any person who now occupies, or who may in the future occupy, one of the positions on the staff of the United States High Commissioner to the Philippine Islands, upon nomination by the High Commissioner, may be transferred to a classified (competitive) civil service position in the Government of the United States.

9. The United States High Commissioner to the Philippine Islands and civilian employees of his office and staff serving in the Philippine Islands who are citizens of the United States shall be entitled to receive the maximum leave, salary differentials, and allowances authorized or permissible under the law for civilian employees of the United States Government serving outside the continental limits of the United States.

10. The United States High Commissioner to the Philippine Islands may, if in his judgment such action seems desirable, station employees of his office and staff in Washington, D.C., to assist him and the Secretary of the Interior in the performance of their duties in respect to the Philippine Islands.

11. An employee of the office or staff of the United States High Commissioner to the Philippine Islands having United States Civil Service status who is transferred from another agency of the United States Government to the office or staff of the United States High Commissioner to the Philippine Islands, and whose service is subsequently involuntarily terminated shall be entitled to return to his previous position or to one of equal seniority, status and pay: Provided, That he is still qualified to perform the duties of the position and he makes application for reinstatement within sixty days after termination of his service.

12. In respect to persons who have been or may become employees of the office or staff of the United States High Commissioner to the Philippine Islands the provision of section 5 of the Civil Service Retirement Act of May 29, 1930, as amended, which provides in addition to certain services of employees that may be credited for retirement benefits, "also periods of services performed overseas under authority of the United States" shall be interpreted to include all periods of service performed under the government of the Philippine Islands prior to the establishment of the government of the Commonwealth of the Philippine Islands of November 15, 1935.

13. The United States Army and Navy shall extend to the United States High Commissioner to the Philippine Islands, the employees of his office and staff and the employees of other departments and agencies of the United States Government stationed in the Philippine Islands and their families such commissary and post exchange privileges and recreational, medical, dental and hospital facilities as are extended to personnel of their services stationed in the Philippine Islands and their families.

14. Sections 4 and 6 of this order shall not be applicable to United States Judges, United States Attorneys, and United States Marshals.

HARRY S. TRUMAN

THE WHITE HOUSE,

September 14, 1945