페이지 이미지
PDF
ePub

period for congressional review as provided in section 9 (b) of this Act. 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) 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.

(k) 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.

SEC. 8. (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), 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 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; 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) for standby and maintenance in such condition shall also be transferred.

SEC. 9. (a) Not later than thirty days after the termination of the negotiating period provided in section 7 of this Act, 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;

(5) the program to be followed to place in standby condition the rubberproducing 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) 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. (c) 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. (a) No rubber-producing facility shall be sold or leased except in accordance with this Act, or in accordance with section 7 (d) (4) of the Rubber Act of 1948, as amended.

(e) 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).

(f) Notwithstanding any other provisions of this Act, 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.

SEC. 10. 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.

SEC. 11. The term "rubber-producing facilities” as used in this Act shall not include the Government-owned evaluation laboratory at Akron, Ohio.

SEC. 12. 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.

Sec. 13. The sales, leases, or other dispositions made prior to the enactment of this Act, pursuant to section 9 (b) of the Rubber Act of 1948, as amended, shall not be affected by this Act.

SEC. 14. Notwithstanding the provisions of section 20 of the Rubber Act of 1948, as amended, (1) if no report is submitted by the Commission, or if the report submitted by the Commission pursuant to section 9 of this Act is disapproved in its entirety, then the Rubber Act of 1948, as amended, 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, shall terminate at the termination of the transfer period as provided in section 7 (i) of this Act.

SEC. 15. Thirty days following the receipt of proposals, as provided in section 7 of this Act, 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 rubberproducing 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.

SEC. 16. 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 negot 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.

SEC. 17. The following criteria, together with such other criteria as the Commission deems necessary or desirable to best effectuate the purposes of this Act, 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 purchaser of a facility, the opportunity to obtain a fair share of the end products of the facilities sold and at fair prices;

(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;

(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. SEC. 18. Unless otherwise provided in this Act, the disposal of the Governmentowned rubber-producing facilities shall be authorized notwithstanding the provisions of the Rubber Act of 1948, as amended.

SEC. 19. Unless otherwise provided in this Act, 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 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.

SEC. 20. The Commission shall cease to exist thirty days after the termination of the transfer period as provided by section 7 (i) of this Act, 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 rubberproducing facilities pursuant to this Act. 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.

SEC. 21. (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 rubberproducing facilities, in whole or in part, are placed if not sold or leased in accordance with this Act, 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.

(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.

SEC. 22. Section 20 of the Rubber Act of 1948, as amended, is further amended as follows: In lieu of the date "March 31, 1954” insert the date “May 1, 1955”.

SEC. 23. (a) 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) 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

being filled with a description of the facility or facilities proposed to be sold.

(c) 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) (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) (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) (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.

SEC. 24. Notwithstanding any provisions of this Act, 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, and for the purposes of this Act the report of the Commission shall be deemed to have been disapproved in its entirety.

Approved August 7, 1953.

[PUBLIC LAW 433—84TH CONGRESS)

(CHAPTER 89/20 SESSION]

S. 3091 AN ACT To amend the Rubber Producing Facilities Disposal Act of 1953, as heretofore

amended, so as to permit the disposal thereunder of Plancor Numbered 1207 at Louisville, Kentucky

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Rubber Producing Facilities Disposal Act of 1953, as heretofore amended, is amended by adding at the end thereof the following new section :

"SEC. 27. (a) Notwithstanding the second sentence of section 7 (a), 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.

“(b) 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), shall negotiate with those submitting the proposals for a period of not to exceed thirtù days for the purpose of entering into a contract of sale.

"(c) 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). 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)) 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

« 이전계속 »