Agreements with SEC. 708. The Secretary of Agriculture is authorized to enter into marketing co- agreements with, or to approve agreements entered into between, operatives, eto. marketing cooperatives, trade associations, or others engaged or whose members are engaged in the handling of wool, mohair, sheep, or goats or the products thereof for the purpose of developing and conducting on a National, State, or regional basis advertising and sales promotion programs for wool, mohair, sheep, or goats or the products thereof. Provision may be made in such agreement to obtain the funds necessary to defray the expenses incurred thereunder through pro rata deductions from the payments made under section 704 of this title to producers within the production area he determines will be benefited by the agreement and for the assignment and transfer of the amounts so deducted to the person or agency designated in the agreement to receive such amounts for expenditure in accordance with the terms and conditions of the agreement. No agreement containing such a provision for defraying expenses through deductions shall become effective until the Secretary determines that at least two-thirds of the producers who, during a representative period determined by the Secretary, have been engaged, within the production area he determines will be benefited by the agreement, in the production for market of the commodity specified therein approve or favor such agreement or that producers who, during such representative period have produced at least twothirds of the volume of such commodity produced within the area which will be benefited by such agreement, approve or favor such agreement. Approval or disapproval by cooperative associations shall be considered as approval or disapproval by the producers who are members of, stockholders in, or under contract with such cooperative association of producers. The Secretary may conduct a referendum among producers to ascertain their approval or favor. The requirements of approval or favor shall be held to be complied with if twothirds of the total number of producers, or two-thirds of the total volume of production, as the case may be, represented in such referendum, indicate their approval or favor.

Referendum.

63 Stat. 1052.

49 Stat. 1491. 7 USC 2.

Effective date.

SEC. 709. Section 201 of the Agricultural Act of 1949 (7 U. S. C., sec. 1446) is amended effective April 1, 1955, (i) by deleting from the first sentence thereof the phrase "wool (including mohair)," and (ii) by deleting subsection (a) thereof relating to the support of wool and mohair.

SEC. 710. (a) The third sentence of section 2 (a) of the Commodity Exchange Act, as amended, is amended by inserting "wool," after the comma following "(Irish potatoes)".

(b) The amendment made by this section shall become effective sixty days after the date of enactment of this Act.

Approved August 28, 1954.

To amend the Rubber Producing Facilities Disposal Act of 1953, so as to permit the disposal thereunder of I'lancor Numbered 877 at Baytown, Texas, and certain tank cars.

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 is amended by adding at the end thereof the following new section:

"SEC. 25. (a) Notwithstanding the second sentence of section 7 (a), the period for receipt of proposals for the purchase of the Governmentowned 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.

Rubber fagility. 50 USC app.

67 Stat. 408.

1941 note.

Plancor 877,

Baytom, Tex. 50 USC app.

1941e.

“(b) If one or more proposals are received for the purchase of Negotiation Plancor Numbered 877 within the time period specified in subsection period. (a), the Commission, notwithstanding the expiration of the period for negotiation specified in section 7 (f), shall negotiate with those submit- 69 Stat. 15. ting the proposals for a period of not to exceed sixty days for the 69 Stat. 16. purpose of entering into a definite contract of sale.

Congress.

50 USC app. 1941 g.

"(c) Within ten days after the termination of the actual negotia- Report to tion 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), inchisive, and paragraph (8) of section 9 (a). Unless the contract is disapproved by either House of the Congress by a resolution prior to the expiration Transfer period of thirty days of continuous session (as defined in section 9 (e)) 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) If, upon termination of the transfer period provided for in Standby subsection (c), no contract for the sale of Plancor Numbered 877 condition. 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: Provided, 50 USC app. That the provisions in said section relating to the time for placing facilities in standby condition shall not apply to Plancor Numbered 877."

1911f.

50 USC app. 1941a.

SEC. 2. Notwithstanding the provisions of section 3 (d) of the Transmittal of Rubber Producing Facilities Disposal Act of 1953, the Rubber Pro- report to Atducing Facilities Disposal Commission (hereinafter referred to as torney General. 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.

19411, 1941t.

SEC. 3. Notwithstanding the provisions of sections 14 and 22 of the 50 USC app. Rubber Producing Facilities Disposal Act of 1953, the Rubber Act of 62 Stat. 101. 1948, as amended, is hereby extended with respect to the rubber-produc- 50 USC app.

(517)

1921 note.

Termination of
Commission.
50 USC app.
1941r.

69 Stat. 16. 69 Stat. 17.

Disposal criteria.

50 USC app. 1941 note.

End products

ing facilities covered by this Act, to the close of the day of transfer of possession of Plancor Numbered 877 to a purchaser in accordance with the provisions of section 25 of the Rubber Producing Facilities Disposal Act: Provided, That if no such transfer is made, the Rubber Act of 1948, as amended, is hereby extended to the close of the day upon which Plancor Numbered 877 is placed in standby condition pursuant to the provisions of this Act.

SEC. 4. Notwithstanding the provisions of section 20 of the Rubber Producing Facilities Disposal Act of 1953, the Commission established by that Act 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, unless no sale of Plancor Numbered 877 is recommended by the Commission pursuant to section 25 (c) of that Act, 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. SEC. 5. Except as otherwise provided in this Act, disposal of Plancor Numbered 877 shall be fully subject to all the provisions of the Rubber Producing Facilities Disposal Act of 1953 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 (1), 7 (k), 9 (d), 9 (f), 10, 11, 15, and 24 of that Act shall not apply to the disposal of and feedstocks. 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, 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.

Tank cars. Leases or contracts.

SEC. 6. Notwithstanding any provision of the Rubber Producing Facilities Disposal Act of 1953 and notwithstanding any other provision of this Act, 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 rity clause, etc. or contract of sale shall contain, among other provisions, a national

National secu

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 Transfer of of such tank cars not under lease or contract of sale to non-Federal tank oars to lessees or purchasers may be transferred without charge by the Com- Gov't agencies mission 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. 69 Stat. 17. Any of such tank cars not sold or under lease or transferred as here- 69 Stat. 18. inabove 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.

50 USC app.1941f.

SEC. 7. The provisions of this Act shall not be applicable to the Limitation. 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 prior to the enactment of this Act 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. Approved March 31, 1955.

To strengthen the investigation provisions of the Commodity Exchange Act.

42 Stat. 1002.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the third Commodity sentence of section 6 (b) of the Commodity Exchange Act (7 U. S. C. Exchange Act, 15) is amended to read as follows: "For the purpose of securing effec- amendment. tive enforcement of the provisions of this Act, and for the purpose of any investigation or proceeding under this Act, the provisions, including penalties, of the Interstate Commerce Act, as amended and supplemented (49 U. S. C. 12, 46, 47, 48), relating to the attendance and testimony of witnesses, the production of documentary evidence, and the immunity of witnesses, are made applicable to the power, jurisdiction, and authority of the Secretary of Agriculture (or any person designated by him), the commission, and any referee designated pursuant to the provisions of this Act, and to any person subject thereto.". Approved June 16, 1955.