Executive Order 9332—Establishing the Solid Fuels Administration for War

By virtue of the authority vested in me by the Constitution and statutes of the United States, as President of the United States and Commander in Chief of the Army and Navy, it is hereby ordered as follows: 1. Whenever used in this Order: (a) The term "solid fuels" includes all forms of anthracite, bituminous, sub-bituminous, and lignitic coals (including packaged and processed fuels, such as briquettes). (b) The term "solid fuels industries" means the development, production, preparation, treatment, processing, storage, shipment, receipt, and distribution of solid fuels within the United States, its territories and possessions, but does not include the transportation of solid fuels. (c) The term "transportation" means transportation as defined in the Interstate Commerce Act, as amended, and in Executive Orders Nos. 8989 and 9156. (d) The terms "distribution" and "shipment" exclude transportation, and the terms "distribute" and "ship" exclude transport. (e) The term "directive" includes order, regulation, and any other similar instrument. 2. There is established within the Department of the Interior a Solid Fuels Administration for War, at the head of which shall be a Solid Fuels Administrator, hereinafter referred to as the Administrator. The Secretary of the Interior shall serve ex-officio as Administrator. 3. The Administrator shall: (a) Subject to the provisions of this Order, establish basic policies and formulate plans and programs to assure for the prosecution of the war the conservation and most effective development and utilization of solid fuels in the United States and its territories and possessions, issue necessary policy and operating directives to parties engaged in the solid fuels industries, and appoint such general, regional, local, or functional solid fuels industries committees or councils as the Administrator finds necessary, Provided that no directive issued hereunder shall conflict with any directive which has heretofore been issued or may hereafter be issued (1) by the Chairman of the War Production Board pursuant to paragraph 1 of Executive Order No. 9125 of April 7, 1942, or (2) by the Chairman of the War Manpower Commission pursuant to Executive Orders Nos. 9139 of April 18, 1942, 9279 of December 5, 1942, and 9301 of February 9, 1943. (b) Serve, as far as practicable, as the liaison and channel of communication between parties engaged in the solid fuels industries and the several departments and agencies of the Federal Government on matters directly involving the functions of the Administrator. (c) Obtain from the Departments of War and the Navy, the several divisions and branches of the War Production Board, such other Federal and State departments and agencies as may be appropriate, and from any other sources, private or governmental, any information, statistics, and data necessary to effectuate the purposes of this Order. (d) (1) Prepare estimates as to the quantities of solid fuels which the Administrator deems necessary to meet direct and indirect military, and essential industrial and civilian requirements and submit such estimates with recommendations to the War Production Board. (2) Recommend to the War Production Board any program for distribution of solid fuels which the Administrator deems necessary to meet direct and indirect military, and essential industrial requirements. (3) Prepare and submit to the War Production Board recommendations as to the kinds and quantities of materials needed by parties engaged in the solid fuels industries to make available solid fuels in such quantities as the Administrator deems necessary to meet direct and indirect military, and essential industrial and civilian requirements. (e) Subject to the direction of the Chairman of the War Production Board, exercise the powers, authority, and the discretion conferred upon the Chairman by paragraph 1 of Executive Order No. 9125 of April 7, 1942, by issuing, and taking appropriate action to enforce, such directives to the solid fuels industries as the Administrator may deem necessary, in order to: (1) Provide adequate supplies of solid fuels for direct and indirect military, and essential industrial and civilian requirements; (2) Effect the proper distribution of such amounts of materials as the Chairman of the War Production Board may allot for the solid fuels industries. (f) Compile data and make continuing surveys with respect to the effect of the prices charged for solid fuels upon the efficient wartime operations of the solid fuels industries and the maintenance of adequate supplies of solid fuels for direct and indirect military, and essential industrial and civilian requirements. On the basis of such surveys, the Solid Fuels Administrator shall consult with and recommend to the Price Administrator, for consideration in light of the provisions of the Emergency Price Control Act of 1942, such upward or downward adjustments in the schedule of prices charged for solid fuels as will, in the judgment of the Solid Fuels Administrator, assure the efficient wartime operation of the solid fuels industries and the maintenance of adequate supplies of solid fuels for direct and indirect military, and essential industrial and civilian requirements. In order to enable the Solid Fuels Administrator to make appropriate recommendations, the Price Administrator shall advise with the Solid Fuels Administrator prior to the establishment or alteration by the Price Administrator of any schedule of prices to be charged for solid fuels. (g) Be advised of all plans or proposals which deal with the civilian rationing of solid fuels and consult with rationing authorities in the development of such plans or proposals; and determine, after advising with the War Production Board, the areas and the times within which such rationing should be effective and the amount of solid fuels available for such purpose. (h) Prepare and submit to the Office of Defense Transportation recommendations concerning the provision of transportation facilities adequate for the transportation and distribution of the solid fuels necessary to meet direct and indirect military, and essential industrial and civilian requirements. (i) Prepare and submit to the War Shipping Administration recommendations concerning the provision of vessels and related facilities adequate for the transportation and distribution of the solid fuels necessary to meet direct and indirect military, and essential industrial and civilian requirements. (j) Request the War Manpower Commission to take such action as it deems appropriate to meet the manpower problems of the solid fuels industries in the light of the over-all manpower needs of the Nation, when the ability of the solid fuels industries to make available solid fuels in such quantities as the Administrator deems necessary to meet direct and indirect military, and essential industrial and civilian requirements is represented to be impaired or endangered by a shortage of manpower. (k) Formulate and submit any necessary policy recommendations to the appropriate Federal departments and agencies, after consultation with them, concerning plans and procedures with respect to foreign solid fuels activities. 4. In the performance of his functions, the Administrator shall consult with the appropriate authorities in the Federal departments and agencies whose functions affect the solid fuels industries in advance of any action proposed to be taken by him which may affect any such department or agency in the performance of its functions. 5. The several Federal departments and agencies shall supply such information and data as the Administrator may require in performing his functions and shall advise with the Administrator before undertaking any action which might affect the continuous, ready availability of solid fuels for direct and indirect military, and essential industrial and civilian requirements. In order to assist him in carrying out the purposes of this Order, the Administrator may establish committees or designate groups of advisers, representing two or more departments or agencies of the Federal Government, or States. 6. The Administrator may appoint a Deputy Administrator to whom he may delegate, subject to such departmental supervision and direction as he may determine, any and all power, authority, and discretion conferred upon him by this Order. The Administrator may designate either the Deputy Administrator or the Acting Secretary of the Interior to serve as Acting Solid Fuels Administrator in the absence of the Administrator. The Administrator and Deputy Administrator may (a) exercise the powers, authority, and discretion conferred upon them by or under the provisions of this Order through such personnel of the Solid Fuels Administration for War and the Department of the Interior, and in such manner as the Administrator or Deputy Administrator may determine, and (b) accept the services of other departments, agencies, and officials of the Government in carrying out the purposes of this Order. The Administrator, within the limits of such funds as may be allocated or appropriated for the purpose, may employ necessary personnel and make provision for necessary supplies, facilities, travel, and services. 7. In the performance of his functions the Administrator shall, to the fullest extent compatible with efficiency, utilize appropriate existing agencies, facilities, and services of the Department of the Interior. 8. The Office of Solid Fuels Coordination for National Defense established pursuant to letter of the President dated November 5, 1941 (changed to the Office of Solid Fuels Coordinator for War by letter of the President dated May 25, 1942), is abolished, and its personnel, records, property, and funds are transferred to the Solid Fuels Administration for War, effective fifteen days from the date of this Order. All directives, agreements, recommendations, and other documents issued or entered into under the functions, duties and authorities of the Solid Fuels Coordinator for War shall remain in force as the responsibility of the Administrator until such time as he may revoke, alter, or otherwise change such documents under provisions of this Executive Order. 9. The Administrator shall keep the President informed with respect to the progress made in carrying out this Order and perform such related duties as the President may from time to time assign or delegate to him. 10. Nothing in this Order shall be deemed to limit in any way the statutory powers of the Interstate Commerce Commission with respect to rates, charges, statistics, accounts, car service (including emergency service powers), or operating authority, or in any way to limit or restrict the functions and authority, and the exercise thereof, of the Federal Power Commission under the Natural Gas Act, the Federal Power Act, Executive Order No. 8202 of July 13, 1939, and Presidential Directives of September 26, 1942, and October 22, 1942, concerning electric service for war plants and establishments. 11. Nothing in this Order shall be deemed to limit in any way the authority of the Departments of War and Navy to initiate or carry out directly, without review or approval by the Administrator, any action relating to solid fuels or the solid fuels industries which either department deems to be a matter of military necessity or expediency and which arises in such areas and is of such military urgency as to require special or secret disposition. 12. Any provision of any prior Executive Order conflicting with this Executive Order is superseded to the extent of such conflict. FRANKLIN D ROOSEVELT The White House, April 19, 1943.