I 111th CONGRESS 1st Session H. R. 2793 IN THE HOUSE OF REPRESENTATIVES June 10, 2009 Mr. Kline of Minnesota (for himself, Mr. Wilson of South Carolina, and Mrs. Bachmann) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require a report to the Congress from the Presidential Task Force on the Auto Industry regarding closings of vehicle dealerships in connection with the bankruptcies of Chrysler Corporation and General Motors Corporation, and to suspend imposition of withdrawal liability to multiemployer plans in connection with the closing of such dealerships (and to suspend the requirement for payment of existing withdrawal liability in connection with such closings) until 60 days after submission of such report.

1.

Short title

This Act may be cited as the Auto Dealers’ Pension Fairness Act of 2009.

2.

Report of Presidential Task Force on the Auto Industry regarding dealership closings

(a)

In general

Not later than 30 days after the date of the enactment of this Act, the Presidential Task Force on the Auto Industry shall submit a report to each House of the Congress regarding the closing of vehicle dealerships in connection with proceedings commenced during 2009 under chapter 11 of title 11, United States Code, with respect to Chrysler Corporation and General Motors Corporation. (b)

Matters covered by report

The report submitted pursuant to subsection (a) shall— (1)describe in detail the role of the Task Force in negotiating, reviewing, approving, or relating in any other respect to the plans of reorganization or restructuring in connection with proceedings commenced during 2009 under chapter 11 of title 11, United States Code, with respect to Chrysler Corporation and General Motors Corporation, (2)describe in detail any advice or direction provided by the Task Force or any other involvement of the Task Force with respect to determinations of which vehicle dealerships of Chrysler Corporation and General Motors Corporation were selected for closure in connection with such plans of reorganization or restructuring, and which were specifically selected for exemption from such closure, (3)set forth any rationale or economic analyses used by the Task Force in connection with its advice or other involvement in determinations regarding the closure of profitable vehicle dealerships in connection with such reorganization or restructuring, (4)set forth any assessment made by the Task Force of the aggregate amount of withdrawal liability which, by reason of the closure of vehicle dealerships of Chrysler Corporation and General Motors Corporation in connection with such plans of reorganization or restructuring, has been and will be imposed under part 1 of subtitle D of title IV of the Employee Retirement Income Security Act of 1974 on contributing sponsors owning or operating such dealerships, and (5)set forth any assessment made by the Task Force of job losses and related economic impact expected to arise from such closure of such dealerships. (c)

Suspension of withdrawal liability to multiemployer plans

(1)

In general

During the period beginning on the date of the enactment of this Act and ending 60 days after the date on which the report required under subsection (b) is submitted to each House of the Congress— (A)no withdrawal liability may be imposed pursuant to proceedings commenced under the provisions of part 1 of subtitle D of title IV of the Employee Retirement Income Security Act of 1974 in connection with proceedings commenced during 2009 under chapter 11 of title 11, United States Code, by reason of the closing of an applicable vehicle dealership owned or operated by any contributing sponsor, and (B)any payment of withdrawal liability imposed under such provisions prior to such period on a contributing sponsor by reason of the closing of an applicable vehicle dealership owned or operated by such contributing sponsor which would be payable (but for this subsection) during such period shall not be payable. (2)

Applicable vehicle dealership

For purposes of this subsection, the term applicable vehicle dealership means a vehicle dealership of Chrysler Corporation or General Motors Corporation which has been closed in 2009, or is scheduled during 2009 for closure, in connection with any plan of reorganization or restructuring in connection with proceedings commenced during 2009 under chapter 11 of title 11, United States Code, with respect to Chrysler Corporation or General Motors Corporation.