Executive Order 9125—Defining Additional Functions, Duties and Powers of the War Production Board and the Office of Price Administration

By virtue of the authority vested in me by the Constitution and statutes of the United States, as President of the United States and as Commander in Chief of the Army and Navy, and for the purpose of assuring the most effective prosecution of war procurement and production, it is hereby ordered as follows: 1. In addition to the responsibilities and duties described in Executive Order No. 9024, of January 16, 1942, and in Executive Order No. 9040 of January 24, 1942, the Chairman of the War Production Board, with the advice and assistance of the members of the Board, shall perform the additional functions and duties, and exercise the additional powers, authority, and discretion conferred upon the President of the United States by Title III of the Second War Powers Act, 1942. 2. The Chairman of the War Production Board may perform the functions and duties, and exercise the powers, authority, and discretion conferred upon him by this or any other Order through such officials or agencies, including the Office of Price Administration (created by the Act of January 30, 1942, Public Law 421, 77th Congress, Second Session), and in such manner as he may determine. In any and all such cases the decision of the Chairman of the War Production Board shall be final. 3. The Chairman of the War Production Board is authorized to delegate to the Office of Price Administration or the Price Administrator such of his functions, duties, powers, authority, or discretion with respect to priorities or rationing, as he may deem to be necessary or appropriate for the effective prosecution of the war; and in the administration or enforcement of any such priorities or rationing authority or any priorities or rationing authority heretofore conferred upon the Office of Price Administration or upon the Price Administrator by the Office of Production Management or by the Chairman of the War Production Board, the Price Administrator is hereby authorized: (a) To exercise all functions, duties, powers, authority, or discretion with respect to such priorities or rationing in the same manner, and to the same degree and extent, as if such functions, duties, powers, authority, or discretion had been conferred upon or transferred to the Office of Price Administration directly by Executive Order. (b) To delegate the functions, duties, powers, authority, or discretion mentioned in subparagraphs (a).and (d) hereof, including the authority and power to sign and issue subpoenas, to such person or persons as he may designate or appoint for that purpose, to be exercised by such person or persons in any place and at any time. (c) To institute civil proceedings in his own name to enforce any such priority or rationing authority or any regulation or order heretofore or hereafter issued, or action taken, pursuant to such authority, and to intervene in any civil proceedings in which any such regulation or order is or could be relied upon as ground for relief or defense or is otherwise involved, in any Federal, State, or Territorial court. The Price Administrator shall be represented in any such proceedings by attorneys appoint. ed or designated by him. (d) To exercise, to the extent necessary for the purposes of this Order, the functions, duties, powers, authority, or discretion conferred upon the President by paragraphs (3) and (4) of subsection (a) of section 2 of the Act of June 28, 1941 (54 Stat. 676), as amended by the Act of May 31, 1941 (Public Law 89, 77th Congress) and by Title III of the Second War Powers Act, 1942 (Act of March 27, 1942, Public Law 507, 77th Congress). 4. War Production Board Directives No. 1 of January 24, 1942 (7 F.R. 562), No. 1A of February 2, 1942 (7 F.R. 698), No. 1B of February 9, 1942 (7 F.R. 925), No. 1C of February 28,1942 (7 F.R. 1669), and any other authorizations of the Office of Production Management or the War Production Board with respect to priorities or rationing, and all regulations or orders issued, or actions taken, by the Office of Price Administration or the Price Administrator pursuant to such Directives or authorizations, are hereby, until withdrawn or superseded, continued in full force and effect, as if issued pursuant to this Order or under authority conferred pursuant to this Order. No provision of this Order shall be construed to impair the right of the Administrator to maintain pending, or to institute, civil proceedings, or to take any other action with respect to violations prior to the date of this Order of any priorities or rationing regulation or order heretofore issued. FRANKLIN D ROOSEVELT The White House, April 7, 1942.