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


Latest version.
  • (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.

    (c) Report to Congress; transfer period

    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

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.

Miscellaneous

Submission of Disposal Report to Attorney General

Act Mar. 21, 1956, ch. 89, § 2, 70 Stat. 52, 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

Act Mar. 21, 1956, ch. 89, § 4, 70 Stat. 52, 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

Act Mar. 21, 1956, ch. 89, § 5, 70 Stat. 53, 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 plant.”