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US Law> US Code> TITLE 50A — WAR AND NATIONAL DEFENSE (APPENDIX)> DISPOSAL OF GOVERNMENT-OWNED RUBBER-PRODUCING FACILITIES> ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

ACT AUG. 7, 1953, CH. 338, 67 STAT. 408

§ 1941. Congressional declaration of policy

It is declared that disposal of the Government-owned rubber-producing facilities pursuant to the provisions of this Act [sections 1941 to 1941y of this Appendix] is consistent with the national security and will further effectuate the policy set forth in section 2 of the Rubber Act of 1948, as amended (62 Stat. 101, 50 U.S.C. App. 1921), with respect to the development within the United States of a free, competitive, synthetic rubber industry.

(Aug. 7, 1953, ch. 338, § 2, 67 Stat. 408.)

SHORT TITLE

Section 1 of act Aug. 7, 1953, provided that: "This Act [enacting sections 1941 to 1941y of this Appendix] shall be known as the 'Rubber Producing Facilities Disposal Act of 1953'."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1941o of this Appendix.

§ 1941a. Rubber Producing Facilities Disposal Commission ¹
__________
¹ See Transfer of Functions note below.

(a) Repealed. Pub. L. 89-554 § 8(a), Sept. 6, 1966, 80 Stat. 657

(b) Duties; sales contracts, instruments of conveyance, leases and additional powers

With respect to the Government-owned rubber-producing facilities it shall be the duty of the Commission, and it is authorized in accordance with the provisions of this Act [sections 1941 to 1941y of this Appendix] (1) to invite and receive proposals for the purchase of the facilities; to negotiate for their sale and make recommendations therefor to the Congress; to enter into appropriate contracts for their sale, which contracts shall be binding upon the Government and the prospective purchasers upon their execution subject only to the further provisions of this Act [said sections]; and in the performance of such contracts to execute and deliver such deeds or other instruments appropriate to effectively transfer to the purchaser thereof title to the facilities, no matter by what officer, agent, department, Government corporation, or instrumentality of the United States the same is held; (2) to lease and thereunder deliver possession of the alcohol butadiene facilities, if practicable; and (3) to take such action and exercise such powers as may be necessary or appropriate to effectuate the purposes of this Act [said sections].

From the time of its appointment and throughout the course of the performance of its duties, the Commission shall consult and advise with the Attorney General in order (1) to secure guidance as to the type of disposal program which would best foster the development of a free competitive synthetic rubber industry, and (2) to supply the Attorney General with such information as he may deem requisite to enable him to provide the advice contemplated by this section and sections 9(a)(4) and 9 (f) of this Act [section 1941g(a)(4), (f) of this Appendix].

(d) Submission of disposal report to Attorney General

Before submission of its proposed disposal report to the Congress, as provided for in section 9 of this Act [section 1941g of this Appendix], the Commission shall submit it to the Attorney General, who shall within a reasonable time, in no event to exceed ninety days, after receiving such report, advise the Commission whether, in his opinion, the proposed disposition will violate the antitrust laws.

(e) Antitrust laws as unaffected

Nothing in this Act [sections 1941 to 1941y of this Appendix] shall impair, amend, or modify the antitrust laws or limit and prevent their application to persons who acquire property under the provisions of this Act [said sections]. As used in this section, the term "antitrust laws" includes the Act of July 2, 1890 (ch. 647, 26 Stat. 209), as amended [15 U.S.C. 1 to 7]; the Act of October 15, 1914 (ch. 323, 38 Stat. 730), as amended; the Federal Trade Commission Act [15 U.S.C. 41 et seq.]; and the Act of August 27, 1894 (ch. 349, secs. 73, 74, 28 Stat. 570), as amended [15 U.S.C. 8, 9].

(Aug. 7, 1953, ch. 338, § 3, 67 Stat. 408; Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 657.)

REFERENCES IN TEXT

Act of July 2, 1890, referred to in subsec. (e), is act July 2, 1890, ch. 647, 26 Stat. 209, as amended, known as the Sherman Act, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables.

Act of October 15, 1914, as amended, referred to in subsec. (e), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, known as the Clayton Act, which is classified generally to sections 12, 13, 14 to 19, 20, 21, and 22 to 27 of Title 15 and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see References in Text note set out under section 12 of Title 15 and Tables.

The Federal Trade Commission Act, referred to in subsec. (e), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.

AMENDMENTS

1966--Subsec. (a). Pub. L. 89-554 repealed subsec. (a) which established the Rubber Producing Facilities Disposal Commission and provided for appointment, qualifications, and pay of the Commissioners.

TRANSFER OF FUNCTIONS

Functions, property, records, etc., of Rubber Producing Facilities Disposal Commission transferred to Federal Facilities Corporation by Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199, set out under section 1941r of this Appendix.

Federal Facilities Corporation dissolved and functions, property, records, etc., transferred to Administrator of General Services by Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note under section 1938 of this Appendix.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1941g of this Appendix.

§ 1941b. Furnishing of information concerning facilities to Commission on request

The Commission shall be furnished upon its request all available information concerning the Government-owned rubber-producing facilities in the possession of any department, agency, officer, Government corporation, or instrumentality of the United States concerned with Government-owned rubber-producing facilities.

(Aug. 7, 1953, ch. 338, § 4, 67 Stat. 409.)

TRANSFER OF FUNCTIONS

Federal Facilities Corporation dissolved and functions, property, records, etc., transferred to the Administrator of General Services by Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note under section 1938 of this Appendix.

§ 1941c. Prompt disposal of facilities by Commission; hearings

The Commission shall proceed as promptly as practicable, conducting such hearings as may be necessary, with the disposal of the rubber-producing facilities in compliance with the provisions of this Act [sections 1941 to 1941y of this Appendix].

(Aug. 7, 1953, ch. 338, § 5, 67 Stat. 409.)

TRANSFER OF FUNCTIONS

§ 1941d. Restriction on activities of members and employees after leaving Commission; penalty

(a) Repealed. Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 657.

(b) No member of the Commission and no person employed by the Commission as an attorney, agent, or employee in activities involving discretion with respect to negotiations or contracts of sale of the Government-owned rubber-producing facilities, shall, during the period of such employment, or for a period of two years thereafter, be employed in any capacity by any purchaser, or affiliate thereof. No purchaser or affiliate thereof shall employ in any capacity any person, who has served as a member of the Commission or who was employed by the Commission and served the Commission as an attorney, agent, or employee in activities involving discretion with respect to negotiations or contracts of sale of the Government-owned rubber-producing facilities, while any such person is serving as a member or employee of the Commission or for a period of two years thereafter. Any person violating the provisions of this subsection shall be fined not more than $10,000 or imprisoned not more than one year, or both.

(Aug. 7, 1953, ch. 338, § 6, 67 Stat. 409; Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 657.)

AMENDMENTS

1966--Subsec. (a). Pub. L. 89-554 repealed subsec. (a) which authorized the Commission to employ persons and fix their compensation.

TRANSFER OF FUNCTIONS

§ 1941e. Disposal procedure

(a) Invitation of purchase proposals; notice and advertisement; period for receipt of proposals; data to accompany proposals

The Commission shall invite, upon adequate notice and advertisement, proposals for the purchase of the Government-owned rubber-producing facilities, hereafter referred to as the "facilities". The period for the receipt of proposals shall be determined and publicly announced by the Commission, and in no event shall be less than six months after the first day on which proposals may be received pursuant to the advertisement. The advertisement shall be in such form, contain such specifications and reservations, and be published in such manner as the Commission in its discretion determines will best effectuate the purposes of this Act [sections 1941 to 1941y of this Appendix]. All data concerning such facilities which in the judgment of the Commission may be reasonably required for the submission of a bona fide proposal shall be furnished by the Commission upon request by any prospective purchaser unless the Commission has reason to believe that such prospective purchaser has not identified his principal, or is not financially responsible, or is a poor security risk.

(b) Form and contents of proposals

Proposals shall be in writing, and shall contain, among other things--

(1) identification of the person in whose behalf the proposal is submitted, including the business affiliation of such person;

(2) the facility or facilities which are proposed to be purchased, and the order of preference if more than one facility is proposed to be purchased; or the order of preference if proposals are submitted on more than one facility, if only one facility is proposed to be purchased;

(3) the arrangements or plans, if any, formal or informal, for the supply of feedstock to, and the disposition of the end products of, the respective facilities proposed to be purchased;

(4) the amount proposed to be paid for each of the facilities, and, if such amount is not to be paid in cash, then the principal terms of the financing arrangement proposed;

(5) the general terms and conditions which the prospective purchaser of a copolymer facility would be willing to accept in order to make the end product of such facility available for sale to small business enterprises, and the general terms and conditions which the prospective purchaser of a butadiene or styrene facility would be willing to accept in order to make the end product of such facility available for sale to purchasers of copolymer facilities; and

(6) such other information as the Commission in its notice and advertisement for proposals shall require be set forth in proposals including the prospective purchaser's acceptance of the terms, conditions, restrictions and reservations contained in subsection (h) of this section, and the interest rate to be charged on the purchase-money mortgage referred to in subsection (e) of this section.

Should it become necessary to the effective prosecution of the disposal program, the Commission may, after the termination of the period for the submission of proposals provided for in subsection (a) of this section, disclose the contents of the proposals at such time, in such manner, and to such extent as it deems appropriate.

(d) Deposit of cash or Government bonds to accompany proposals

Proposals shall be accompanied by a deposit of cash or United States Government bonds of face amount equal to 2^1/2 per centum of the gross amount proposed to be paid but not exceeding $250,000 for each facility: Provided, however, That the deposit required in the case of a proposal for one of a number of facilities on an alternative basis shall be the same as would be required if such proposal were for only the facility for which the particular prospective purchaser proposed to pay the highest amount. Except in the case of purchasers, deposits made hereunder shall be refunded without interest and not later than upon the termination of the period for congressional review as provided in section 9 of this Act [section 1941g of this Appendix]. In the case of purchasers, deposits made hereunder shall be applied without interest to the purchase price: Provided, however, That upon the closing of the contract of sale the purchaser shall be required to substitute cash equal to the face amount of the Government bonds then held in connection with such purchaser's proposal.

(e) Payment of purchase price; amount and terms of mortgages

Payment of the purchase price may be made in part by a first lien purchase-money mortgage, in an amount not to exceed 75 per centum of the purchase price. The terms of any such mortgage obligation, to be determined by negotiation, shall provide among other things for a maturity of not more than ten years, periodic amortization, and a uniform interest rate of not less than 3 per centum per annum.

(f) Negotiation with those submitting proposals

Promptly after the termination of the period for the receipt of proposals, pursuant to subsection (a) of this section, and for such period thereafter not less than seven months as may be determined and publicly announced by the Commission, it shall negotiate with those submitting proposals for the purpose of entering into definitive contracts of sale.

(g) Securing of additional information from those submitting proposals

Nothing contained in this Act [sections 1941 to 1941y of this Appendix] shall be construed to prevent the Commission from securing such additional information from those submitting proposals at any time as the Commission may deem necessary or appropriate to fulfill its responsibilities under this Act [said sections].

(h) National security clause in contracts of sale

All contracts of sale and instruments in execution thereof shall contain a national security clause having terms, conditions, restrictions and reservations which will assure the prompt availability of the rubber-producing facilities, or facilities of equivalent capacity, for the production of synthetic rubber and the component materials thereof for a period of ten years from the date of the contract.

(i) Effective date of contracts of sale; time for transfer of possession of facilities; failure to complete transfer prior to termination date

Subject to the conditions prescribed in section 24 of this Act [section 1941v of this Appendix], any contract of sale shall become fully effective upon the expiration of the period for congressional review provided for in section 9 of this Act [section 1941g of this Appendix] unless the Congress within such period has disapproved such sale. The transfer of possession of all of the rubber-producing facilities to be sold shall be made as promptly as is practicable after the effective date, in accordance with the terms of the contracts, but in any event within a period terminating sixty days after the expiration of the period for congressional review as provided in section 9(b) of this Act [section 1941g(b) of this Appendix]. The failure to complete transfer of possession prior to said termination date shall not give rise to or be the basis of rescission of the contract of sale.

(j) Limitation on Government rubber sales

Upon termination of the transfer period, as provided in subsection (i) of this section, the operating agency last designated by the President shall make no further sales of synthetic rubber and its component materials except as otherwise provided in this Act [sections 1941 to 1941y of this Appendix].

(k) Offer of Government rubber for sale to purchasers of facilities after termination of transfer period

During the period of one year following the termination of the transfer period, the operating agency last designated by the President shall offer for sale to the purchasers of the facilities the synthetic rubber and its component materials held by it at a price determined in accordance with its pricing policy prevailing at the close of the transfer period, in amounts prorated in accordance with the ratio of the capacity of each such facility purchased to the total capacity of all facilities of the same type sold. Any synthetic rubber or component materials not purchased by an eligible purchaser during periodic intervals, as determined by the operating agency, shall be made available to other eligible purchasers on a like equitable basis. Any synthetic rubber or component materials not sold during such one-year period shall thereafter be disposed of in such manner as said agency deems advisable.

(Aug. 7, 1953, ch. 338, § 7, 67 Stat. 409.)

TRANSFER OF FUNCTIONS

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1941g, 1941l, 1941m, 1941r, 1941w, 1941x, 1941y of this Appendix.

§ 1941f. Disposition of unsold facilities; transfer to General Services Administration; lease of alcohol-butadiene facilities; advice of Attorney General; standby funds

(a) Upon the termination of the transfer period, the operating agency last designated by the President, shall, as promptly as possible consistent with sound operating procedures, take out of production and place in adequate standby condition the rubber-producing facilities which shall not have been sold. At any time after the termination of production, such facilities may be transferred without reimbursement or transfer of funds to the General Services Administration and administered in accordance with the provisions of sections 6, 7, and 8 of the National Industrial Reserve Act of 1948, as amended (62 Stat. 1227, 50 U.S.C. 456-458) [50 U.S.C. 455 to 457], or to such other agency as the President may designate for administration in such manner as he may direct. In such event (1) no such facility shall thereafter be operated as a rubber-producing facility for the account of, or by, the Government except pursuant to further Act of Congress; (2) no such facility, other than alcohol-butadiene facilities, shall be leased for operation as a rubber-producing facility at any time: Provided, That nothing contained in this Act [sections 1941 to 1941y of this Appendix] shall preclude the leasing of alcohol-butadiene facilities for purposes other than the manufacture of alcohol butadiene so long as such leases are in accordance with the provisions of section 8(a) or section 9(f) of this Act [subsection (a) of this section or section 1941g (f) of this Appendix]; and (3) no such facility shall be disposed of by sale within a period of three years from the termination of the transfer period, and in any subsequent lease or sale, the Government agency acting under authority of this section shall within a reasonable time and in no event less than sixty days prior to the lease or sale, request the advice of the Attorney General as to whether the proposed lease or sale would tend to create or maintain a situation inconsistent with the antitrust laws. The Attorney General shall give his advice within forty-five days of the receipt of such request. Upon the request of the Attorney General, the Government agency shall furnish, or cause to be furnished, such information as it may possess which the Attorney General determines to be appropriate or necessary to enable him to give the advice called for by this section.

(b) Whenever any transfer to any Government agency is made pursuant to this section, all unexpended funds budgeted as provided in section 9(e) [section 1941g(e) of this Appendix] for standby and maintenance in such condition shall also be transferred.

(Aug. 7, 1953, ch. 338, § 8, 67 Stat. 411.)

REFERENCES IN TEXT

Sections 7 and 8 of the National Industrial Reserve Act of 1948, referred to in subsec. (a), were classified to sections 456 and 457 of Title 50, War and National Defense, and were omitted from the Code.

The antitrust laws, referred to in subsec. (a), are classified generally to chapter 1 (§ 1 et seq.) of Title 15, Commerce and Trade. See section 1941a(e) of this Appendix and References in Text notes thereunder.

SALE OF LEASE OF CATALYST EQUIPMENT; TERMS AND CONDITIONS; SECURITY CLAUSE; PRICE; STANDBY CONDITION; AUTHORITY

Administration by Administrator of General Services of matters involving the Rubber Producing Facilities Disposal Commission, including the exercise of authority conferred upon the Commission by section 6 of Act Mar. 21, 1956, set out below, see Dissolution of Federal Facilities Corporation note set out under section 1938 of this Appendix.

Section 6 of act Mar. 21, 1956, ch. 89, 70 Stat. 53, provided that:

"(a) Notwithstanding any provision of the Rubber Producing Facilities Disposal Act of 1953, as amended [sections 1941 to 1941x of this Appendix], or of this Act [enacting section 1941y and provisions set out as notes under sections 1941r and 1941y of this Appendix], the Rubber Producing Facilities Disposal Commission may enter into contracts of sale and may from time to time enter into leases for all or any part of the catalyst manufacturing equipment now situated in Baltimore, Maryland, and generally described in the Commission's brochure M-2 dated March 1954.

"(b) Except as provided in this paragraph, each such lease or contract may be made on such terms and conditions, including type of use and duration (up to fifteen years) of any lease, as the Commission deems advisable in the public interest. Before making such sale or lease, the Commission shall secure the advice of the Attorney General as to whether the proposed sale or lease would tend to create or maintain a situation inconsistent with the antitrust laws. Each such lease or contract of sale shall contain a national security clause, containing such terms and for such duration (ten years or less) as the Commission deems desirable in the public interest, and any such lease shall provide for the recapture of the equipment thereby leased and the termination of the lease, if the President determines that the national interest so requires.

"The price for any part or all of such equipment shall be an amount which the Commission determines to be the maximum amount obtainable in the public interest, but not less than fair value as determined by the Commission.

"(c) Any of such equipment not sold or leased under subsection (a) shall be placed and maintained in adequate standby condition pursuant to, and be otherwise subject to, the provisions of section 8 of the Rubber Producing Facilities Disposal Act of 1953 [this section] (other than the provision prohibiting leases).

"(d) All the powers and authority conferred by this section upon the Commission may, after the termination of the existence of the Commission, be exercised by such agency of the Government as the President may designate for the purpose, and for this purpose such successor agency may exercise all the authority conferred in the Rubber Producing Facilities Disposal Act of 1953 [sections 1941 to 1941y of this Appendix] upon the Commission."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1941w, 1941x of this Appendix.

§ 1941g. Report of recommended disposal by Commission to Congress

(a) Contents and requirements

Not later than thirty days after the termination of the negotiating period provided in section 7 of this Act [section 1941e of this Appendix], and in no event later than January 31, 1955, the Commission shall prepare and submit to the Congress a report setting forth--

(1) the steps taken to elicit proposals and the proposals which have been received;

(2) the principal terms of all sales contracted for and the Commission's recommendations in respect thereto;

(3) in the event that there may have been a financially more advantageous proposal for any rubber-producing facility than the sale recommended, a statement of the reasons why such sale is nevertheless proposed;

(4) the statement from the Attorney General setting forth findings approving the proposed disposals in accordance with the standards set forth in section 3(c) of this Act [section 1941a(c) of this Appendix];

(5) the program to be followed to place in standby condition the rubber-producing facilities not sold;

(6) an inventory report concerning the Government's current stocks of synthetic rubber and its component materials;

(7) a program for the continuance, to the extent it deems necessary, during the fiscal year following the fiscal year in which the transfer period terminates, of the research program on synthetic rubber and its component materials then being carried on by the operating agency; and

(8) the names of persons who have represented the Government or the purchasers in conducting negotiations or in making contracts for disposal of the rubber-producing facilities.

(b) Time of submission of report; period for action by Congress

The report shall be submitted to both Houses of Congress on the same day. Upon the expiration of sixty days of continuous session of the Congress following the date upon which the report is submitted to it, the Commission shall proceed to carry out the contracts and proposals, as outlined in its report, to the extent that such contracts and proposals are not disapproved by either House of Congress by a resolution within the sixty-day period.

For the purposes of subsection (b) of this section--

(1) continuity of session shall be considered as broken only by an adjournment of the Congress sine die; but

(2) in the computation of the sixty-day period there shall be excluded the days on which either House is not in session because of an adjournment of more than three days to a day certain.

(d) Restriction on sale or lease of rubber-producing facilities

No rubber-producing facility shall be sold or leased except in accordance with this Act [sections 1941 to 1941y of this Appendix] or in accordance with section 7(d)(4) of the Rubber Act of 1948, as amended [section 1926(d)(4) of this Appendix].

(e) Funds for expenses; annual budget

Such sums as may be required for the foregoing purposes may be provided out of the proceeds of disposal, and annual budgets for the expenses necessary for such purposes shall be submitted in accordance with the Government Corporation Control Act of 1945, as amended (59 Stat. 597, 31 U.S.C. 841) [31 U.S.C. 9101 et seq.].

(f) Leases of alcohol-butadiene facilities; requirements; advice of Attorney General

Notwithstanding any other provisions of this Act [sections 1941 to 1941y of this Appendix], the Commission may, after securing the advice of the Attorney General as to whether the proposed lease would tend to create or maintain a situation inconsistent with the antitrust laws, enter into leases for the alcohol-butadiene facilities for a period of not less than one year, nor more than three years: Provided, That any such lease shall contain among other things (1) a national security clause, and (2) provisions for the recapture of such facilities by the Government and the termination of the lease, if the President determines that the national interest so requires. Not less than sixty days prior to said lease the Commission shall request such advice from the Attorney General who shall give the same within forty-five days of the receipt of such request.

(Aug. 7, 1953, ch. 338, § 9, 67 Stat. 412.)

REFERENCES IN TEXT

The Government Corporation Control Act of 1945, as amended, referred to in subsec. (e), is act Dec. 6, 1945, ch. 557, 59 Stat. 597, as amended, which was classified to chapter 14 (§ 841 et seq.) of former Title 31, and which was repealed by Pub. L. 97-258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted by the first section thereof as chapter 91 (§ 9101 et seq.) of Title 31, Money and Finance.

The antitrust laws, referred to in subsec. (f), are classified generally to chapter 1 (§ 1 et seq.) of Title 15, Commerce and Trade. See section 1941a(e) of this Appendix and References in Text notes thereunder.

TRANSFER OF FUNCTIONS

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1941a, 1941e, 1941f, 1941l, 1941w, 1941x, 1941y of this Appendix.

§ 1941h. President's report to Congress on Nation's rubber requirements and resources

At the expiration of one year after the transfer period or as soon thereafter as the Congress is in session, the President shall report to the Congress concerning the Nation's rubber requirements and resources, and the need, if any, for further research by the Government relative to the production or use of synthetic rubber and its component materials.

(Aug. 7, 1953, ch. 338, § 10, 67 Stat. 413.)

§ 1941i. Exclusion from term "rubber-producing facilities"

The term "rubber-producing facilities" as used in this Act [sections 1941 to 1941y of this Appendix] shall not include the Government-owned evaluation laboratory at Akron, Ohio.

(Aug. 7, 1953, ch. 338, § 11, 67 Stat. 413.)

DISPOSAL OF RESEARCH LABORATORIES AT AKRON, OHIO

Act July 26, 1956, ch. 738, 70 Stat. 657, provided: "That the Government laboratories at Akron, Ohio, now under control of the National Science Foundation are hereby transferred to the General Services Administration for disposal in accordance with the Federal Property and Administrative Services Act of 1949 [see Short Title note set out under section 471 of Title 40, Public Buildings, Property, and Works], except that the Administrator of General Services shall first offer the laboratories for public sale before seeking to dispose of them by transfer or assignment to any Federal agency. The Administrator of General Services, before he offers the laboratories to the public for sale, shall ascertain what the value of the laboratories would be to Government agencies which would make substantial use thereof, and the Administrator shall not sell the laboratories to the public unless he finds, after consultation with the Director of the Budget Bureau, that such sale to the public would be in the best interests of the United States, taking into consideration among other relevant factors the value of the laboratories to any interested agency and the amounts offered by public bidders. The National Science Foundation is authorized to reimburse the General Services Administration in advance for expenses necessary for the protection and maintenance of the laboratories up to June 30, 1957."

§ 1941j. Disposition of proceeds from disposal of facilities

All final net proceeds from disposal of the rubber-producing facilities shall be covered into the Treasury as miscellaneous receipts except as otherwise provided by this Act [sections 1941 to 1941y of this Appendix].

(Aug. 7, 1953, ch. 338, § 12, 67 Stat. 413.)

§ 1941k. Prior disposal of facilities as unaffected

The sales, leases, or other dispositions made prior to the enactment of this Act [Aug. 7, 1953], pursuant to section 9(b) of the Rubber Act of 1948, as amended [section 1928(b) of this Appendix], shall not be affected by this Act [sections 1941 to 1941y of this Appendix].

(Aug. 7, 1953, ch. 338, § 13, 67 Stat. 413.)

§ 1941l. Conditional termination dates for Rubber Act of 1948

Notwithstanding the provisions of section 20 of the Rubber Act of 1948, as amended [section 1938 of this Appendix], (1) if no report is submitted by the Commission, or if the report submitted by the Commission pursuant to section 9 of this Act [section 1941g of this Appendix] is disapproved in its entirety, then the Rubber Act of 1948, as amended [sections 1921 to 1938 of this Appendix] shall be extended until March 31, 1956; and (2) if the Commission submits a report and it is not disapproved in its entirety, the Rubber Act of 1948, as amended [said sections], shall terminate at the termination of the transfer period as provided in section 7(i) of this Act [section 1941e(i) of this Appendix].

(Aug. 7, 1953, ch. 338, § 14, 67 Stat. 413.)

TRANSFER OF FUNCTIONS

§ 1941m. Monthly reports by Commission to Congress of expenditures and obligations

Thirty days following the receipt of proposals, as provided in section 7 of this Act [section 1941e of this Appendix] the Commission shall submit to the Congress a report stating the amount of funds expended by or obligated by the operating agency for the repair, replacement, additions, improvements, or maintenance of each synthetic rubber-producing facility for which proposals have been submitted. Thereafter reports shall be made monthly until such time as the Congress shall have permitted or disapproved in whole or in part the disposal recommended by the Commission.

(Aug. 7, 1953, ch. 338, § 15, 67 Stat. 413.)

TRANSFER OF FUNCTIONS

§ 1941n. Basis for negotiating sale of a facility

In arriving at its recommendations for the disposal of the facilities, the Commission shall use, as the basis for negotiating the sale of each facility the highest amount proposed to be paid for each facility, if, in the opinion of the Commission, the highest amount proposed to be paid was a bona fide proposal and was submitted by a person competent to operate a rubber-producing facility: Provided, That the words "competent to operate a rubber-producing facility" shall not be interpreted so as to require prior experience in the operation of a rubber-producing facility: Provided further, That in using such highest proposed amount as a basis for negotiations the Commission may negotiate with respect to any facility with any person who submitted a proposal on that or any similar facility and may recommend sale of any facility to any person who submitted a proposal on that or any similar facility at a price which is equal to, higher than, or lower than the highest amount proposed to be paid for each facility as the Commission determines will best effectuate the purposes of this Act [sections 1941 to 1941y of this Appendix].

(Aug. 7, 1953, ch. 338, § 16, 67 Stat. 413.)

TRANSFER OF FUNCTIONS

§ 1941o. Criteria for disposal recommendations

The following criteria, together with such other criteria as the Commission deems necessary or desirable to best effectuate the purposes of this Act [sections 1941 to 1941y of this Appendix], shall be used by the Commission in arriving at its recommendations for disposal:

(1) That the disposal program be designed best to afford small-business enterprises and users, other than the purchser ¹ of a facility, the opportunity to obtain a fair share of the end products of the facilities sold and at fair prices;
__________
¹ So in original. Probably should be "purchaser".

(2) That the prospective purchaser has the technical competence necessary to operate a rubber-producing facility, except that prior experience in operating a rubber-producing facility shall not be required as a basis for determining whether a prospective purchaser has the technical competence necessary to operate a rubber-producing facility;

(3) That the recommended sales shall provide for the development within the United States of a free, competitive, synthetic rubber industry, and do not permit any person to possess unreasonable control over the manufacture of synthetic rubber or its component materials;

(4) That the prospective purchaser is acting in good faith, and actually intends to operate the facility or facilities for the purpose of manufacturing synthetic rubber or its component materials;

(5) That full fair value for the facility or facilities will be received by the Government, taking into consideration the policy set forth in section 2 of this Act [section 1941 of this Appendix];

(6) That disposal of the facility or facilities to the purchasers is consistent with national security; and

(7) That the facilities recommended for sale will in the aggregate be capable of annually producing not less than five hundred thousand long tons of general-purpose synthetic rubber, and not less than forty-three thousand long tons annually of butyl rubber.

(Aug. 7, 1953, ch. 338, § 17, 67 Stat. 414.)

TRANSFER OF FUNCTIONS

§ 1941p. Authorization of disposal of facilities notwithstanding Rubber Act of 1948

Unless otherwise provided in this Act [sections 1941 to 1941y of this Appendix], the disposal of the Government-owned rubber-producing facilities shall be authorized notwithstanding the provisions of the Rubber Act of 1948, as amended [sections 1921 to 1938 of this Appendix].

(Aug. 7, 1953, ch. 338, § 18, 67 Stat. 414.)

§ 1941q. Payment of costs of disposal from operating income

Unless otherwise provided in this Act [sections 1941 to 1941y of this Appendix], all costs incurred by the Commission or any other department, agency, officer, Government corporation, or instrumentality of the United States pursuant to the provisions of this Act [said sections] shall, so long as synthetic rubber is produced for the account of the Government in the Government-owned rubber-producing facilities, be paid from and charged against the operating income of the Government-owned synthetic rubber program, administered by the operating agency.

(Aug. 7, 1953, ch. 338, § 19, 67 Stat. 414.)

TRANSFER OF FUNCTIONS

§ 1941r. Termination of Commission; administration after termination

The Commission shall cease to exist thirty days after the termination of the transfer period as provided by section 7(i) of this Act [section 1941e(i) of this Appendix], but nothing contained in this section shall be construed in any way so as to abrogate, modify, or adversely affect any contract of sale or lease of the Government-owned rubber-producing facilities pursuant to this Act [sections 1941 to 1941y of this Appendix]. After the Commission ceases to exist, such contracts and leases and other matters involving the Commission shall be administered by such agency of the Government as the President may designate.

(Aug. 7, 1953, ch. 338, § 20, 67 Stat. 414.)

TRANSFER OF FUNCTIONS

TERMINATION OF COMMISSION

Section 3 of act Mar. 21, 1956, ch. 89, 70 Stat. 52, provided that: "Notwithstanding the provisions of section 4 of Public Law 336, Eighty-fourth Congress, approved August 9, 1955 [set out as a note below], of section 4 of Public Law 19, Eighty-fourth Congress, approved March 31, 1955 [set out as a note below], and section 20 of the Rubber Producing Facilities Disposal Act of 1953 [this section], the Commission established by the last-mentioned Act shall cease to exist at the close of the ninetieth day following the termination of the review period provided for in section 27(c) of that Act [section 1941y(c) of this Appendix], unless no sale of the Louisville plant is recommended by the Commission pursuant to section 27(c) of that Act [section 1941y(c) of this Appendix], in which event the Commission shall cease to exist at the close of the ninetieth day following the termination of the maximum period allowed for negotiation in section 27(b) [section 1941y(b) of this Appendix]."

Act Aug. 9, 1955, ch. 696, § 4, 69 Stat. 629, provided that: "Notwithstanding the provisions of section 4 of Public Law 19 [set out as a note below], approved March 31, 1955, and notwithstanding the provisions of section 20 of the Rubber Producing Facilities Disposal Act of 1953 [this section], the Commission established by the latter Act [sections 1941 to 1941y of this Appendix] shall cease to exist at the close of the thirtieth day following the termination of the transfer period provided for in section 26(c) of that Act [section 1941x(c) of this Appendix], unless no sale of Plancor Numbered 980 is recommended by the Commission pursuant to section 26(c) of that Act [section 1941x(c) of this Appendix], in which event the Commission shall cease to exist at the close of the one hundred and thirtieth day following the date of the enactment of this Act [Aug. 9, 1955]."

Act Mar. 31, 1955, ch. 19, § 4, 69 Stat. 16, provided that: "Notwithstanding the provisions of section 20 of the Rubber Producing Facilities Disposal Act of 1953 [this section], the Commission established by that Act [sections 1941 to 1941y of this Appendix] shall cease to exist at the close of the thirtieth day following the termination of the transfer period provided for in section 25(c) of that Act [section 1941w(c) of this Appendix], unless no sale of Plancor Numbered 877 is recommended by the Commission pursuant to section 25(c) of that Act [section 1941w(c) of this Appendix], in which event the Commission shall cease to exist at the close of the one hundred and thirtieth day following the date of enactment of this Act [March 31, 1955]."

EX. ORD. NO. 10678. ADMINISTRATION OF FUNCTIONS OF COMMISSION

Ex. Ord. No. 10678, Sept. 20, 1956, 21 F.R. 7199, as amended by Ex. Ord. No. 10720, July 11, 1957, 22 F.R. 5521, provided:

By virtue of the authority vested in me by section 20 of the Rubber Producing Facilities Disposal Act of 1953 67 Stat. 414, as amended or modified (50 U.S.C. App. 1941r), and by section 6(d) of the act of March 21, 1956, 70 Stat. 53 [set out as a note under section 1941f of this Appendix], and as President of the United States, it is ordered as follows:

Section 1. Subject to the provisions of section 2 of this order, the Federal Facilities Corporation (hereinafter referred to as the Corporation) is hereby designated as the agency to administer the contracts of sale or lease of the Government-owned rubber producing facilities made pursuant to the Rubber Producing Facilities Disposal Act of 1953, as amended [sections 1941 to 1941y of this Appendix], and to administer other matters involving the Rubber Producing Facilities Disposal Commission, including all powers and authority conferred upon the said Commission by sections 4, 5, and 6 of the said act of March 21, 1956 [set out as notes under sections 1941f and 1941y of this Appendix], and also including the winding up of the affairs of the Commission. The said contracts are hereby transferred to the Corporation.

Sec. 2. The administration of the national-security clause contained in such contracts of sale, including any contract of sale made under the act of March 31, 1955 69 Stat. 15 [enacting section 1941w and provisions set out under section 1938 and sections 1941w and 1941r of this Appendix], or under the said act of March 21, 1956 [set out as notes under sections 1941f and 1941y of this Appendix], and the administration of the national-security clause (including the recapture clause) contained in any lease of the unsold facilities made under any of the aforesaid acts shall be carried out in accordance with the needs and requirements of the national defense as determined by the Secretary of Defense.

Sec. 3. The records, property, liabilities, employees and unexpended balances of appropriations, allocations, and other funds, available or to be made available, of the Rubber Producing Facilities Disposal Commission are hereby transferred to the Corporation, for use or employment by the Corporation in connection with the administration or performance of its functions and duties under section 1 of this order, or for other disposition as determined, consonant with law, by the Corporation.

Sec. 4. All matters placed under the administration or jurisdiction of the Corporation by sections 1 and 3 of this order shall be subject to direction and control by the Administrator of General Services.

Sec. 5. This order shall become effective on September 24, 1956.

Dwight D. Eisenhower.

ADMINISTRATION AFTER TERMINATION

Administration by Administrator of General Services of matters involving the Rubber Producing Facilities Disposal Commission, including the winding up of the affairs of the Commission, see Dissolution of Federal Facilities Corporation note set out under section 1938 of this Appendix.

§ 1941s. Definitions

(a) The term "synthetic rubber" means any product of chemical synthesis similar in general properties and applications to natural rubber, and specifically capable of vulcanization, produced in the United States, not including reclaimed synthetic rubber.

(b) The term "general-purpose synthetic rubber" means a synthetic rubber of the butadiene-styrene type generally suitable for use in the manufacture of transportation items such as tires or camelback, as well as any other type of synthetic rubber equally or better suited for use in the manufacture of transportation items such as tires or camelback as determined from time to time by the President.

(c) The term "rubber-producing facilities" means facilities, in whole or in part, for the manufacture of synthetic rubber, and the component materials thereof, including, but not limited to, buildings and land in which or on which such facilities may be located and all machinery and utilities associated therewith.

(d) The term "component materials" means the material, raw, semifinished, and finished, necessary for the manufacture of synthetic rubber.

(e) The term "standby condition" means the condition in which rubber-producing facilities, in whole or in part, are placed if not sold or leased in accordance with this Act [sections 1941 to 1941y of this Appendix], but are maintained so as to be readily available for the production of synthetic rubber or component materials.

(f) The term "person" means any individual, firm, copartnership, business trust, corporation, or any organized group of persons whether incorporated or not.

(g) The term "operating agency" means the Department, agency, officer, Government corporation, or instrumentality of the United States designated from time to time by the President pursuant to section 7(a) of the Rubber Act of 1948, as amended [section 1926(a) of this Appendix].

(h) The term "small business enterprise" means an enterprise independently owned and operated which is not dominant in its field of operation, due regard being given to the number of its employees and dollar volume of business.

(Aug. 7, 1953, ch. 338, § 21, 67 Stat. 415.)

§ 1941t. Omitted

Codification

Section, act Aug. 7, 1953, ch. 338, § 22, 67 Stat. 415, amended section 20 of the Rubber Act of 1949, as amended (50 App. U.S.C. 1938), which was omitted from the Code.

§ 1941u. Congressional resolutions respecting facilities

(a) Resolutions as rules of Congress; changes

The provisions of this section are enacted by the Congress:

(1) As an exercise of the rule-making power of the Senate and the house of Representatives, respectively, and as such they shall be considered as part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in such House in the case of resolutions (as defined in subsection (b)); and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and

(2) With full recognition of the constitutional right of either House to change such rules (so far as relating to the procedure in such House) at any time, in the same manner and to the same extent as in the case of any other rule of such House.

(b) Form of resolution

As used in this section, the term "resolution" means only a resolution of either of the two Houses of Congress, the matter after the resolving clause of which is as follows: (1) "That the __________ does not favor sale of the facilities as recommended in the report of the Rubber Producing Facilities Disposal Commission.", the blank therein being filled with the name of the resolving House; or (2) "That the __________ does not favor the sale of the __________ as recommended in the report of the Rubber Producing Facilities Disposal Commission.", the first blank therein being filled with the name of the resolving House and the other blank being filled with a description of the facility or facilities proposed to be sold.

A resolution with respect to a facility or facilities shall be referred to a committee (and all such resolutions shall be referred to the same committee) by the President of the Senate or the Speaker of the House of Representatives, as the case may be.

(d) Report by committee; motion to discharge

(1) If the committee to which has been referred a resolution with respect to a facility or facilities has not reported it before the expiration of ten calendar days after its introduction, it shall then (but not before) be in order to move either to discharge the committee from further consideration of such resolution, or to discharge the committee from further consideration of any other resolution with respect to such facility or facilities which has been referred to the committee.

(2) Such motion may be made only by a person favoring the resolution, shall be highly privileged (except that it may not be made after the committee has reported a resolution with respect to the same facility or facilities), and debate thereon shall be limited to not to exceed one hour, to be equally divided between those favoring and those opposing the resolution. No amendment to such motion shall be in order, and it shall not be in order to move to reconsider the vote by which such motion is agreed to or disagreed to.

(3) If the motion to discharge is agreed to or disagreed to, such motion may not be renewed, nor may another motion to discharge the committee be made with respect to any other resolution with respect to the same facility or facilities.

(e) Motion to consider resolution; amendment

(1) Where the committee has reported, or has been discharged from further consideration of, a resolution with respect to a facility or facilities, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of such resolution. Such motion shall be highly privileged and shall not be debatable. No amendment to such motion shall be in order and it shall not be in order to move to reconsider the vote by which such motion is agreed to or disagreed to.

(2) Debate on the resolution shall be limited to not to exceed ten hours, which shall be equally divided between those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. No amendment to, or motion to recommit, the resolution shall be in order, and it shall not be in order to move to reconsider the vote by which the resolution is agreed to or disagreed to.

(f) Motions and appeals from decisions on rules to be decided without debate

(1) All motions to postpone, made with respect to the discharge from committee, or the consideration of, a resolution with respect to a facility or facilities, and all motions to proceed to the consideration of other business, shall be decided without debate.

(2) All appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution with respect to a facility or facilities, shall be decided without debate.

(Aug. 7, 1953, ch. 338, § 23, 67 Stat. 415.)

TRANSFER OF FUNCTIONS

§ 1941v. Rejection of recommended sales contract; right to review of purchaser of other facilities; minimum annual production necessary to sustain disposal report

Notwithstanding any provisions of this Act [sections 1941 to 1941y of this Appendix], in the event that the recommended sale of any facility is disapproved by either House of the Congress, any prospective purchaser of any other facility shall have a period of thirty days after the termination of the period for review by the Congress in which to reject the recommended sales contract with regard to the facility or facilities which he has agreed to purchase: Provided, That if as a result of the disapproval by either House of the Congress of the sale of any facility or facilities, or as a result of the rejection of one or more sales contracts by any prospective purchaser as provided in this section, the remaining facilities to be sold will in the aggregate not be capable of annually producing at least 500,000 long tons of general purpose synthetic rubber and at least 43,000 long tons of butyl rubber, then no facility shall be sold under this Act [said sections], and for the purposes of this Act [said sections] the report of the Commission shall be deemed to have been disapproved in its entirety.

(Aug. 7, 1953, ch. 338, § 24, 67 Stat. 416.)

TRANSFER OF FUNCTIONS

§ 1941w. Disposal of rubber-producing facility at Baytown, Texas

(a) Receipt of proposal

Notwithstanding the second sentence of section 7(a) [section 1941e(a) of this Appendix], the period for receipt of proposals for the purchase of the Government-owned rubber-producing facility at Baytown, Texas, known as Plancor Numbered 877, shall not expire until the end of the thirty-day period which begins on the date of the enactment of this section [Mar. 31, 1955].

(b) Negotiation period

If one or more proposals are received for the purchase of Plancor Numbered 877 within the time period specified in subsection (a), the Commission, notwithstanding the expiration of the period for negotiation specified in section 7 (f) [section 1941e(f) of this Appendix], shall negotiate with those submitting the proposals for a period of not to exceed sixty days for the purpose of entering into a definite contract of sale.

Within ten days after the termination of the actual negotiation period referred to in subsection (b), the Commission shall prepare and submit to the Congress a report containing, with respect to the disposal under this section of Plancor Numbered 877, the information described in paragraphs (1) to (5), inclusive, and paragraph (8) of section 9(a) [section 1941g(a) of this Appendix]. Unless the contract is disapproved by either House of the Congress by a resolution prior to the expiration of thirty days of continuous session (as defined in section 9(c) [section 1941g(c) of this Appendix]) of the Congress following the date upon which the report is submitted to it, upon the expiration of such thirty-day period the contract shall become fully effective and the Commission shall proceed to carry it out, and transfer of possession of the facility sold shall be made as soon as practicable but in any event within thirty days after the expiration of such thirty-day period. The failure to complete transfer of possession within thirty days after the expiration of the period for congressional review shall not give rise to or be the basis of rescission of the contract of sale.

(d) Standby condition

If, upon termination of the transfer period provided for in subsection (c), no contract for the sale of Plancor Numbered 877 has become effective, the operating agency last designated by the President shall, as promptly as possible consistent with sound operating procedures, take said Plancor out of production and place it in adequate standby condition under the provisions of section 8 of the Rubber Producing Facilities Disposal Act of 1953 [section 1941f of this Appendix]: Provided, That the provisions in said section relating to the time for placing facilities in standby condition shall not apply to Plancor Numbered 877.

(Aug. 7, 1953, ch. 338, § 25, as added Mar. 31, 1955, ch. 19, § 1, 69 Stat. 15.)

TRANSFER OF FUNCTIONS

SUBMISSION OF DISPOSAL REPORT TO ATTORNEY GENERAL

Section 2 of act Mar. 31, 1955, provided that: "Notwithstanding the provisions of section 3(d) of the Rubber Producing Facilities Disposal Act of 1953 [section 1941a(d) of this Appendix], the Rubber Producing Facilities Disposal Commission (hereinafter referred to as the 'Commission') before submission to the Congress of its report relative to Plancor Numbered 877, shall submit it to the Attorney General, who shall, within seven days after receiving the report, advise the Commission whether, in his opinion, the proposed disposition, if carried out, will violate the antitrust laws."

DISPOSAL CRITERIA

Section 5 of act Mar. 31, 1955, provided that: "Except as otherwise provided in this Act [enacting this section and provisions set out as notes under sections 1938, 1941r, and 1941w of this Appendix], disposal of Plancor Numbered 877 shall be fully subject to all the provisions of the Rubber Producing Facilities Disposal Act of 1953 [sections 1941 to 1941y of this Appendix] and such criteria as have been established by the Commission in handling disposal of other Government-owned rubber producing facilities under that Act: Provided, That the provisions of sections 7(j), 7 (k), 9(d), 9(f), 10, 11, 15, and 24 of that Act [sections 1941e(j), 1941e(k), 1941g(d), 1941g(f), 1941h, 1941i, 1941m, and 1941v of this Appendix] shall not apply to the disposal of Plancor Numbered 877. As promptly as practicable following the date of transfer of possession of Plancor Numbered 877 to a purchaser under this Act, the operating agency last designated by the President shall offer for sale to such purchaser the end products produced at such plant and held in inventory for Government account on the day of such transfer of possession, together with the feedstocks then located at such plant or purchased by the operating agency for use at such plant. Sale of such end products shall be made at the Government sales price prevailing on the business day next preceding the date of transfer of possession of such plant. Sale of such feedstocks shall be made at not less than their cost to the Government. In the event the purchaser declines to purchase such end products or feedstocks when first offered to it by the operating agency, they may be thereafter disposed of in such manner as the operating agency deems advisable. In the event Plancor Numbered 877 is not sold under the provisions of this Act, any end products produced at such plant and held in inventory for Government account on the day such plant is placed in standby condition pursuant to section 25(d) of the Rubber Producing Facilities Disposal Act of 1953, as added by this Act [subsec. (d) of this section], and any feedstocks then located at such plant or purchased by the operating agency for use at such plant shall be disposed of in such manner as the operating agency deems advisable, at the prevailing market price for such end products and feedstocks."

LEASE OR SALE OF TANK CARS

Section 6 of act Mar. 31, 1955, provided that: "Notwithstanding any provision of the Rubber Producing Facilities Disposal Act of 1953 [sections 1941 to 1941y of this Appendix] and notwithstanding any other provision of this Act [enacting this section and provisions set out as notes under sections 1938, 1941r, and 1941w of this Appendix], the Commission or, after it ceases to exist, such agency of the Government as the President may designate, may, after securing the advice of the Attorney General as to whether the proposed lease or sale would tend to create or maintain a situation inconsistent with the antitrust laws, enter into leases or contracts of sale for all or any number of 448 pressure tank cars (ICC Classification ICC-104AW) for which the Commission invited proposals to purchase pursuant to that Act. Each such lease may be for such duration and each such lease or contract of sale may be made on such terms (including type of use) as the Commission or such other agency deems advisable in the public interest: Provided, That each such lease or contract of sale shall contain, among other provisions, a national security clause, and each such lease shall contain provisions for the recapture of the tank cars leased by the Government and the termination of the lease, if the President determines that the national interest so requires. The rental or price for any such tank car or cars shall be an amount which the Commission or such agency determines to be the maximum amount obtainable in the public interest, but not less than fair value as determined by the Commission. Any of such tank cars not under lease or contract of sale to non-Federal lessees or purchasers may be transferred without charge by the Commission or such agency to any Government department or agency upon request, for such use as the Commission or such agency deems advisable and subject to national security and recapture provisions of the type hereinabove provided for in this section running in favor of the Commission or other agency transferring the tank car or cars. Any of such tank cars not sold or under lease or transferred as hereinabove provided shall be placed and maintained in adequate standby condition pursuant to the provisions of section 8 of the Rubber Producing Facilities Disposal Act of 1953 [section 1941f of this Appendix]."

LIMITATION

Section 7 of act Mar. 31, 1955, provided that: "The provisions of this Act [enacting this section and provisions set out as notes under sections 1938, 1941r, and 1941w of this Appendix] shall not be applicable to the disposal of any Government-owned rubber-producing facilities other than Plancor Numbered 877 and 448 pressure tank cars (ICC Classification-ICC 104AW); and all action taken pursuant to the provisions of the Rubber Producing Facilities Disposal Act of 1953 [sections 1941 to 1941y of this Appendix] prior to the enactment of this Act [Mar. 31, 1955] shall be governed by the provisions of that Act [sections 1941 to 1941y of this Appendix] as it existed prior to the enactment of this Act and shall have the same force and effect as if this Act had not been enacted."

§ 1941x. Disposal of rubber-producing facility at Institute, West Virginia

(a) Receipt of proposal

Notwithstanding the second sentence of section 7(a) [section 1941e(a) of this Appendix], the period for receipt of proposals for the purchase of the Government-owned rubber-producing facility at Institute, West Virginia, known as Plancor Numbered 980, shall not expire until the end of the sixty-day period which begins on the date of the enactment of this section [Aug. 9, 1955].

(b) Negotiation period

If one or more proposals are received for the purchase of Plancor Numbered 980 within the time period specified in subsection (a), the Commission, notwithstanding the expiration of the period for negotiation specified in section 7 (f) [section 1941e(f) of this Appendix], shall negotiate with those submitting the proposals for a period of not to exceed seventy-five days for the purpose of entering into a definite contract of sale.

Within ten days after the termination of the actual negotiation period referred to in subsection (b), or, if Congress is not then in session, within ten days after Congress next convenes, the Commission shall prepare and submit to the Congress a report containing with respect to the disposal under this section of Plancor Numbered 980, the information described in paragraphs (1) to (5), inclusive, and paragraph (8) of section 9(a) [section 1941g(a) of this Appendix]. Unless the contract is disapproved by either House of the Congress by a resolution prior to the expiration of thirty days of continuous session (as defined in section 9(c) [section 1941g(c) of this Appendix]) of the Congress following the date upon which the report is submitted to it, upon the expiration of such thirty-day period the contract shall become fully effective and the Commission shall proceed to carry it out, and transfer of possession of the facility sold shall be made as soon as practicable but in any event within thirty days after the expiration of such thirty-day period. The failure to complete transfer of possession within thirty days after the expiration of the period for congressional review shall not give rise to or be the basis of rescission of the contract of sale.

(d) Standby condition

If, upon termination of the transfer period provided for in subsection (c), no contract for the sale of Plancor Numbered 980 has become effective, the operating agency last designated by the President shall continue to maintain said Plancor in adequate standby condition under the provisions of section 8 of the Rubber Producing Facilities Disposal Act of 1953 [section 1941f of this Appendix].

(Aug. 7, 1953, ch. 338, § 26, as added Aug. 9, 1955, ch. 696, § 1, 69 Stat. 628.)

TRANSFER OF FUNCTIONS

SUBMISSION OF DISPOSAL REPORT TO ATTORNEY GENERAL

Section 2 of act Aug. 9, 1955, provided that: "Notwithstanding the provisions of section 3(d) of the Rubber Producing Facilities Disposal Act of 1953 [section 1941a(d) of this Appendix], the Rubber Producing Facilities Disposal Commission (hereinafter referred to as the 'Commission') before submission to the Congress of its report relative to Plancor Numbered 980, shall submit it to the Attorney General, who shall, within seven days after receiving the report, advise the Commission whether, in his opinion, the proposed disposition, if carried out, will violate the antitrust laws."

DISPOSAL CRITERIA

Section 5 of act Aug. 9, 1955, provided that: "Except as otherwise provided in this Act [enacting this section and provisions set out as notes under sections 1938, 1941r, and 1941x of this Appendix], disposal of Plancor Numbered 980 shall be fully subject to all the provisions of the Rubber Producing Facilities Disposal Act of 1953 [sections 1941 to 1941y of this Appendix] and such criteria as have been established by the Commission in handling disposal of other Government-owned rubber producing facilities under that Act: Provided, That the provisions of sections 7(j), 7(k), 9(d), 9(f), 10, 11, 15, and 24 of that Act [sections 1941e(j), 1941e(k), 1941g(d), 1941g(f), 1941h, 1941i, 1941m, and 1941v of this Appendix] shall not apply to the disposal of Plancor Numbered 980. As promptly as practicable following the date of transfer of possession of Plancor Numbered 980 to a purchaser under this Act, the operating agency last designated by the President shall offer for sale to such purchaser the end products at such plant and held in inventory for Government account on the day of such transfer of possession, together with the feedstocks then located at such plant or purchased by the operating agency for use at such plant. Sale of such end products shall be made at the Government sales price prevailing on the business day next preceding the date of transfer of possession of such plant. Sale of such feedstocks shall be made at not less than their cost to the Government. In the event the purchaser declines to purchase such end products or feedstocks when first offered to it by the operating agency, they may be thereafter disposed of in such manner as the operating agency deems advisable. In the event Plancor Numbered 980 is not sold under the provisions of this Act, any end products at such plant and held in inventory for Government account and any feedstocks located at such plant or purchased by the operating agency for use at such plant shall be disposed of in such manner as the operating agency deems advisable, at the prevailing market price for such end products and feedstocks."

LIMITATION

Section 6 of act Aug. 9, 1955, provided that: "The provisions of this Act [enacting this section and provisions set out as notes under sections 1938, 1941r, and 1941x of this Appendix] shall not be applicable to the disposal of any Government-owned rubber-producing facilities other than Plancor Numbered 980; and all action taken pursuant to the provisions of the Rubber Producing Facilities Disposal Act of 1953 [sections 1941 to 1941y of this Appendix], or the amendment thereto known as Public Law 19 [section 1941w of this Appendix], enacted March 31, 1955, prior to the enactment of this Act [Aug. 9, 1955] shall be governed by the provisions of that Act as it existed prior to the enactment of this Act and shall have the same force and effect as if this Act had not been enacted."

§ 1941y. Disposal of rubber-producing facility at Louisville, Kentucky

(a) Receipt of proposal

Notwithstanding the second sentence of section 7(a) [section 1941e(a) of this Appendix], the period for receipt of proposals for the purchase of the Government-owned rubber-producing facility at Louisville, Kentucky, known as Plancor Numbered 1207 and hereinafter referred to as the "Louisville plant", shall not expire until the end of the thirty-day period which begins on the date of the enactment of this section [Mar. 21, 1956].

(b) Negotiation period

If one or more proposals are received for the purchase of the Louisville plant within the time period specified in subsection (a), the Commission, notwithstanding the expiration of the period for negotiation specified in section 7(f) [section 1941e(f) of this Appendix], shall negotiate with those submitting the proposals for a period of not to exceed thirty days for the purpose of entering into a contract of sale.

Within ten days after the termination of the actual negotiation period referred to in subsection (b), or, if Congress is not then in session, within ten days after Congress next convenes, the Commission shall prepare and submit to the Congress a report containing, with respect to the disposal under this section of the Louisville plant, the information described in paragraphs 1, 2, 3, 4, and 8 of section 9(a) [section 1941g(a) of this Appendix]. Unless the contract is disapproved by either House of the Congress by a resolution prior to the expiration of thirty days of continuous session (as defined in section 9(c) [section 1941g(c) of this Appendix]) of the Congress following the date upon which the report is submitted to it, upon the expiration of such thirty-day period the contract shall become fully effective and the Commission shall proceed to carry it out, and transfer of possession of the facility sold shall be made as soon as practicable but in any event within thirty days after the expiration or termination of the existing lease on the Louisville plant. The failure to complete transfer of possession within thirty days after expiration or termination of the existing lease shall not give rise to or be the basis of rescission of the contract of sale.

(Aug. 7, 1953, ch. 338, § 27, as added Mar. 21, 1956, ch. 89, § 1, 70 Stat. 51.)

TRANSFER OF FUNCTIONS

SUBMISSION OF DISPOSAL REPORT TO ATTORNEY GENERAL

Section 2 of act Mar. 21, 1956, provided that: "Notwithstanding the provisions of section 3(d) of the Rubber Producing Facilities Disposal Act of 1953 [section 1941a(d) of this Appendix], the Rubber Producing Facilities Disposal Commission (hereinafter referred to as the 'Commission'), before submission to the Congress of its report relative to the Louisville plant shall submit it to the Attorney General, who shall, within seven days after receiving the report, advise the Commission whether, in his opinion, the proposed disposition, if carried out, will violate the antitrust laws."

LEASE; TRANSMITTAL TO ATTORNEY GENERAL; CONGRESSIONAL REVIEW

Section 4 of act Mar. 21, 1956, provided that:

"(a) Notwithstanding the provisions of section 9(d) [section 1941g(d) of this Appendix] and notwithstanding the period of lease limitation in section 9(f) [section 1941g(f) of this Appendix] of the Rubber Producing Facilities Disposal Act of 1953, the Commission or its successor may, provided the period for receipt of proposals for the purchase of the Louisville plant has expired as provided in section 27(a) of that Act [subsection (a) of this section] and no proposal or contract for the purchase of the Louisville plant is then pending or in effect, extend the existing lease or enter into a new lease on the Louisville plant for a term of not less than five years nor more than fifteen years from the date of termination of said existing lease.

"(b) Notwithstanding the provisions of sections 8(a)(3) and 9(f) of the Rubber Producing Facilities Disposal Act of 1953 [sections 1941f(a)(3) and 1941g(f) of this Appendix] relating to the period for review by the Attorney General, the Commission, before submission to the Congress of a lease or lease extension relative to the Louisville plant, shall submit it to the Attorney General, who shall, within seven days after receiving the lease or lease extension, advise the Commission whether the proposed lease or lease extension would tend to create or maintain a situation inconsistent with the antitrust laws.

"(c) Within ten days after the termination of the lease negotiations authorized in subsection (a) of this section, or, if Congress is not then in session, within ten days after Congress next convenes, the Commission shall report to the Congress the lease or lease extension negotiated pursuant to this section. The Commission shall submit at the same time the statement of the Attorney General approving the proposed lease or lease extension in accordance with the standard set forth in subsection (b) of this section, and the names of the persons who have represented the Government or lessee in conducting negotiations for the lease or lease extension on the Louisville plant. Unless the lease or lease extension is disapproved by either House of the Congress by resolution prior to the expiration of thirty days of continuous session (as defined in section 9(c) of the Rubber Producing Facilities Disposal Act of 1953 [section 1941g(c) of this Appendix]) of the Congress following the date upon which the lease or lease extension is submitted to it, upon the expiration of such thirty-day period the lease or lease extension shall become fully effective and the Commission shall proceed to carry it out in accordance with its terms."

DISPOSAL CRITERIA

Section 5 of act Mar. 21, 1956, provided that: "Except as otherwise provided in this Act [enacting this section and provisions set out as notes under sections 1941f, 1941r, and 1941y of this Appendix], the disposal or lease of the Louisville plant shall be fully subject to all the provisions of the Rubber Producing Facilities Disposal Act of 1953 [sections 1941 to 1941y of this Appendix] and such criteria as have been established by the Commission in handling disposal of other Government-owned rubber producing facilities under this Act: Provided, That the provisions of sections 7(j), 7(k), 10, 15 and 24 of that Act [sections 1941e(j), 1941e(k), 1941h, 1941m and 1941v of this Appendix] shall not apply to the disposal or lease of the Louisville plants."