[House Report 111-146]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-146

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   RESOLUTION OF INQUIRY REQUESTING THE PRESIDENT TO PROVIDE CERTAIN 
DOCUMENTS IN HIS POSSESSION TO THE HOUSE OF REPRESENTATIVES RELATING TO 
   THE ENVIRONMENTAL PROTECTION AGENCY'S APRIL PROPOSED FINDING THAT 
   GREENHOUSE GAS EMISSIONS ARE A DANGER TO PUBLIC HEALTH AND WELFARE

                                _______
                                

   June 12, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Waxman, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

    The Committee on Energy and Commerce, to whom was referred 
the resolution (H. Res. 449) of inquiry requesting the 
President to provide certain documents in his possession to the 
House of Representatives relating to the Environmental 
Protection Agency's April proposed finding that greenhouse gas 
emissions are a danger to public health and welfare, having 
considered the same, report thereon without amendment and 
without recommendation.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Committee Hearings...............................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     3
Applicability of Law to the Legislative Branch...................     3
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     3
Statement of General Performance Goals and Objectives............     3
Constitutional Authority Statement...............................     3
Advisory Committee Statement.....................................     3
Federal Mandates Statement.......................................     3
Earmarks and Tax and Tariff Benefits.............................     3
Committee Cost Estimate..........................................     3
New Budget Authority, Entitlement Authority and Tax Expenditures.     4
Section-by-Section Analysis......................................     4
Changes in Existing Law Made by the Bill, as Reported............     4

                          PURPOSE AND SUMMARY

    H. Res. 449 requests the President to transmit to the House 
of Representatives, not later than 14 days after adoption of 
the resolution, all documents in his possession produced by the 
Administrator of the Environmental Protection Agency (EPA) or 
the Director of the Office of Management and Budget relating 
to: (1) The untitled, undated memo marked ``Deliberative--
Attorney Client Privilege,'' which begins ``The NPRM fails to 
articulate the process by which the Administrator came to the 
conclusion on p. 30''; (2) Interagency comments or documents 
related to the Environmental Protection Agency's April proposed 
finding that greenhouse gas emissions are a danger to public 
health and welfare; (3) Cost benefit or systematic risk 
analysis related to the Environmental Protection Agency's April 
proposed finding that greenhouse gas emissions are a danger to 
public health and welfare; (4) Scientific evidence or opinion 
that demonstrates health effects of greenhouse gases.

                  BACKGROUND AND NEED FOR LEGISLATION

    H. Res. 449 was introduced on May 15, 2009, by Rep. 
Sensenbrenner (R-WI). H. Res. 449 is a resolution of inquiry. 
Under clause 7 of rule XIII of the Rules of the House of 
Representatives, the Committee must act on such a resolution 
within 14 legislative days or a privileged motion to discharge 
the Committee is in order.
    Under the rules and precedents of the House, a resolution 
of inquiry is one of the methods used by the House to obtain 
information from the executive branch. According to volume 7, 
chapter 24, section 8 of Deschler's Procedure, it is a ``simple 
resolution making a direct request or demand of the President 
or the head of an executive department to furnish the House of 
Representatives with specific factual information in the 
possession of the executive branch.''
    On April 20, 2009, EPA issued a proposed finding that 
carbon dioxide and other greenhouse gas emissions endanger 
human health and welfare because they contribute to global 
warming. EPA was legally compelled to take action. In April 
2007, the Supreme Court issued its historic decision in the 
case of Massachusetts v. EPA. The Court ruled that carbon 
dioxide was a pollutant under the Clean Air Act and that EPA 
had to regulate it if the agency determined that it endangered 
public health or welfare. The proposed endangerment finding is 
the determination required by the Supreme Court.
    EPA provided that its proposed finding would be open for 
public comment until June 23, 2009, and it will consider public 
comments when deciding whether to finalize the proposed 
endangerment finding.
    The Committee has been conducting and will continue to 
conduct oversight over EPA's activities regarding the proposed 
endangerment finding. Given these facts, the Committee approved 
filing this report on H. Res. 449 in the House with no 
recommendation.

                           COMMITTEE HEARINGS

    The Committee held no hearings on H. Res. 449.

                        COMMITTEE CONSIDERATION

    The Committee on Energy and Commerce met in open session on 
Wednesday, June 10, 2009, and ordered H. Res. 449 reported to 
the House with no recommendation. No amendments were offered to 
the resolution.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. A 
motion by Mr. Waxman to order H. Res. 449 reported to the House 
with no recommendation was agreed to by a voice vote. There 
were no record votes during consideration of the resolution.

             APPLICABILITY OF LAW TO THE LEGISLATIVE BRANCH

    The Committee finds that H. Res. 449 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act of 1985.

  STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF THE COMMITTEE

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the findings and 
recommendations of the Committee are reflected in the 
descriptive portions of this report.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    H. Res. 449 is intended to direct the President to furnish 
certain documents relating to the April 2009 proposed finding 
by the Environmental Protection Agency that greenhouse gas 
emissions endanger public health and welfare.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    The Committee finds that the clause 3(d)(1) of rule XIII of 
the Rules of the House of Representatives, requiring a 
statement of constitutional authority for laws proposed by 
bills or joint resolutions, does not apply because H. Res. 449 
is not a bill or joint resolution that may be enacted into law.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5 
U.S.C. App., 5(b) of the Federal Advisory Committee Act were 
created by H. Res. 449.

                       FEDERAL MANDATES STATEMENT

    The Committee states that H. Res. 449 contains no unfunded 
mandates.

                  EARMARKS AND TAX AND TARIFF BENEFITS

    H. Res. 449 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI of the Rules of the House of 
Representatives.

                        COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d) of rule XIII of the Rules of the 
House of Representatives, the Committee estimates the costs of 
implementing the resolution would be minimal. The Congressional 
Budget Office did not provide a cost estimate for the 
resolution.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that H. Res. 449 
would result in no new budget authority, entitlement authority, 
or tax expenditures or revenues.

                      SECTION-BY-SECTION ANALYSIS

    H. Res. 449 requests the President to transmit to the House 
of Representatives, not later than 14 days after adoption of 
the resolution, all documents in his possession produced by the 
Administrator of the Environmental Protection Agency or the 
Director of the Office of Management and Budget relating to: 
(1) The untitled, undated memo marked ``Deliberative--Attorney 
Client Privilege,'' which begins ``The NPRM fails to articulate 
the process by which the Administrator came to the conclusion 
on p. 30''; (2) Interagency comments or documents related to 
the Environmental Protection Agency's April proposed finding 
that greenhouse gas emissions are a danger to public health and 
welfare; (3) Cost benefit or systematic risk analysis related 
to the Environmental Protection Agency's April proposed finding 
that greenhouse gas emissions are a danger to public health and 
welfare; (4) Scientific evidence or opinion that demonstrates 
health effects of greenhouse gases.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, the Committee states that this 
resolution does not change any existing federal statute.

                                  
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