Executive Order 8875—Delegation and Coordination of Priority Authority

By virtue of the authority vested in me by the Constitution and statutes of the United States, and in order to define further the functions and duties of the Office for Emergency Management with respect to the unlimited national emergency as declared by the President on May 27, 1941, and for the purpose of assuring effective coordination of the priority powers and supply allocation activities of the Federal Government in furtherance of and in conformity with the basic defense policies of the President, it is hereby ordered as follows: 1. The Office of Production Management, in addition to the responsibilities and duties described in paragraph 2 of Executive Order No. 8629 of January 7, 1941, is authorized and directed to discharge and perform the following responsibilities and duties, subject to such policies or regulations as the Supply Priorities and Allocations Board, hereinafter described, may from time to time determine: a. Serve as the coordinating center for the execution of the powers and activities of the several departments and agencies relating to priorities; in this connection, review, clear, and approve for execution all requests or proposals originating from other Federal agencies, private industry, or other sources for Priority action with respect to the procurement, production, transmission, or transportation of materials, articles, power, fuel, and other commodities; issue or provide for the issuance of all priority orders, warrants, certificates, or ratings with respect to the supply, production, transmission, or transportation of materials, articles, power, fuel, and other commodities; and, with reference to specific priority authorities vested by law in established departments and agencies of the Government, certify to such departments and agencies, when the Office of Production Management deems such action necessary to national defense, that preferential treatment is essential for certain materials, commodities, facilities, or services. b. Perform the functions and exercise all the power, authority, and discretion conferred upon the President by Public No. 89, 77th Congress, 1st session, entitled "An Act to amend the Act approved June 28, 1940, entitled 'An Act to expedite the national defense, and for other purposes,' in order to extend the power to establish priorities and allocate material," approved May 31, 1941. c. In consultation with the United States Maritime Commission, determine when, to what extent, and in what manner priorities shall be accorded to deliveries of material as provided in section 2(a)(3) of Public No. 46, 77th Congress, 1st session, an Act entitled "To make emergency provision for certain activities of the United States Maritime Commission, and for other purposes," approved May 2, 1941. Deliveries of material shall take priority as provided in said Act in accordance with such determinations and the orders issued in pursuance thereof by the Office of Production Management. d. Continue to perform the functions and exercise all the power, authority, and discretion conferred on the President by section 2(a) of the Act entitled "An Act to expedite national defense and for other purposes," approved June 28, 1940. 2. The Office of Production Management may exercise the powers, authorities, or discretion conferred upon it by this Order through such officials and in such manner as it may determine, subject to such policies or regulations as the Supply Priorities and Allocations Board may from time to time determine. 3. In order to assure unity of policy and coordinated consideration of all relevant factors involved in the supply and allocation of materials and commodities among the various phases of the defense program and competing civilian demands, there is hereby established within the Office for Emergency Management a Supply Priorities and Allocations Board. The Board shall consist of the Director General and Associate Director General of the Office of Production Management, the Secretary of War, the Secretary of the Navy, the Special Assistant to the President supervising the defense aid program, the Administrator of the Office of Price Administration, and the Chairman of the Economic Defense Board. The Chairman of the Supply Priorities and Allocations Board shall be designated by the President from among the members of the Board. The President shall also appoint an Executive Director of the Board, who will preside in the absence of the Chairman. 4. The Office of Production Management shall make available to the Supply Priorities and Allocations Board upon request, such staff, statistical, informational, fiscal, personnel, and other services and facilities as may from time to time be required by the Supply Priorities and Allocations Board to perform its duties hereunder. 5. Consistent with the basic defense policies of the President, the Supply Priorities and Allocations Board shall: a. Determine the total requirements of materials and commodities needed respectively for defense, civilian, and all other purposes; establish policies for the fulfillment of such requirements, and, where necessary, make recommendations to the President relative thereto. b. Determine policies and make regulations governing allocations and priorities with respect to the procurement, production, transmission, or transportation of materials, articles, power, fuel, and other commodities among military, economic defense, defense aid, civilian, and other major demands of the total defense program. 6. The Office of Production Management through its Division of Priorities or any other of its divisions or subdivisions shall formulate general plans and programs providing for allocations and priorities with respect to the procurement, production, transmission, or transportation of materials, articles, power, fuel, and other commodities among military requirements, economic defense needs, total civilian demands, defense aid needs, and other major elements of the total defense program. Such general plans and programs shall be submitted to the Supply Priorities and Allocations Board for approval or modification. 7. There shall be within the Office of Production Management a Division of Civilian Supply to be in charge of a Director appointed by the Office of Production Management with the approval of the President. The Division of Civilian Supply shall represent civilian interests relating to the supply and priority activities of the Office of Production Management. It shall formulate plans and programs providing for the equitable distribution among competing civilian demands of the materials, articles, power, fuel, and other commodities made available by the Supply Priorities and Allocations Board for civilian use. Such plans and programs shall be submitted through the Office of Production Management to the Supply Priorities and Allocations Board for approval or modification. 8. The title of the Office of Price Administration and Civilian Supply, established by Executive Order No. 8734 of April 11, 1941, is hereby changed to Office of Price Administration. 9. Nothing in this Order shall be construed to include the power to determine the disposition or transfer of any defense articles to the Government of any country whose defense the President deems vital to the defense of the United States, as provided in Public No. 11, 77th Congress, 1st session, entitled "An Act further to promote the defense of the United States and for other purposes," approved March 11, 1941. 10. The Priorities Board of the Office of Production Management described in paragraph 5 of Executive Order No. 8629, establishing such Office, is hereby abolished. 11. Executive Orders No. 8629 of January 7, 1941, and No. 8734 of April 11, 1941, are hereby amended accordingly, and any conflicting provisions of these or other Executive Orders are hereby rescinded. FRANKLIN D ROOSEVELT The White House, August 28, 1941.