[House Report 111-147]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-147
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REQUESTING THAT THE PRESIDENT TRANSMIT TO THE HOUSE OF REPRESENTATIVES
ALL INFORMATION IN HIS POSSESSION RELATING TO SPECIFIC COMMUNICATIONS
WITH CHRYSLER LLC (``CHRYSLER'')
_______
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. 462) requesting that the President
transmit to the House of Representatives all information in his
possession relating to specific communications with Chrysler
LLC (``Chrysler''), 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.......................................... 3
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.......................................... 4
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. 462 requests the President, not later than 14 days
after adoption of the resolution, to provide the House
information relating to communications with Chrysler LLC.
Specifically, the resolution seeks documents in the President's
possession ``referring or relating to scheduled Chrysler plant
closings: (1) that were discussed as part of the required
February 17, 2009, Chrysler viability determination filing; (2)
that were identified in the March 30, 2009, announcement by the
Administration; (3) that were prepared for the 11:30 a.m.
conference call on April 30, 2009, between members of the
President's Auto Task Force (hereafter in this resolution
referred to as the ``Task Force'') and Members of Congress,
including transcripts; (4) revealing the President's knowledge
regarding such plant closings prior to March 30, 2009; (5)
included in Chrysler's April 30, 2009, bankruptcy filing in New
York; (6) that identifies who was aware of such plant closings
that would be announced prior to April 30, 2009, among the
Administration, Chrysler, the Task Force, and the International
Union, United Automobile, Aerospace and Agricultural Implement
Workers of America (also referred to as the ``UAW''); and (7)
the interaction and procedures for identifying the 789 Chrysler
dealerships in the United States scheduled for closure, as
announced on May 14, 2009.''
BACKGROUND AND NEED FOR LEGISLATION
H. Res. 462 was introduced on May 20, 2009, by Rep.
LaTourette (R-OH) and eight cosponsors. H. Res. 462 is a
resolution of inquiry. Under clause 7 of rules 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 November 18, 2008, General Motors, Chrysler, and Ford
appeared before Congress and requested $25 billion under the
Troubled Asset Relief Program. Chrysler subsequently appeared
before Congress on December 4, 2008, and asked for a $7 billion
loan. On December 19, 2008, President George W. Bush announced
emergency funds for General Motors and Chrysler under the
Troubled Asset Relief Program. On February 17, 2009, Chrysler
submitted its viability restructuring plan to the U.S.
government, and on March 29, 2009, the White House Auto Task
Force announced a 30-day deadline for Chrysler to finalize a
partnership with Fiat. On April 30, 2009, Chrysler filed for
bankruptcy under Chapter 11. On May 1, 2009, Chrysler announced
that it will shut down eight plants permanently, and on May 14,
2009, Chrysler announced the termination of 789 dealerships.
The Committee is conducting oversight on issues relating to
the restructuring of the auto industry, including a June 12,
2009, hearing by its Subcommittee on Oversight and
Investigations on ``GM and Chrysler Dealership Closures and
Restructuring.'' Given these facts, the Committee approved
filing this report on H. Res. 462 in the House without
recommendation.
COMMITTEE HEARINGS
The Committee held no hearings on H. Res. 462.
COMMITTEE CONSIDERATION
The Committee on Energy and Commerce met in open session on
Wednesday, June 10, 2009, and ordered H. Res. 462 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. 462 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. 462 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. 462 is intended to direct the President to furnish
certain documents relating to scheduled Chrysler plant and
dealership closure.
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. 462
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. 462.
FEDERAL MANDATES STATEMENT
The Committee states that H. Res. 462 contains no unfunded
mandates.
EARMARKS AND TAX AND TARIFF BENEFITS
H. Res. 462 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. 462
would result in no new budget authority, entitlement authority,
or tax expenditures or revenues.
SECTION-BY-SECTION ANALYSIS
H. Res. 462 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 ``referring or
relating to scheduled Chrysler plant closings: (1) that were
discussed as part of the required February 17, 2009, Chrysler
viability determination filing; (2) that were identified in the
March 30, 2009, announcement by the Administration; (3) that
were prepared for the 11:30 a.m. conference call on April 30,
2009, between members of the President's Auto Task Force
(hereafter in this resolution referred to as the ``Task
Force'') and Members of Congress, including transcripts; (4)
revealing the President's knowledge regarding such plant
closings prior to March 30, 2009; (5) included in Chrysler's
April 30, 2009, bankruptcy filing in New York; (6) that
identifies who was aware of such plant closings that would be
announced prior to April 30, 2009, among the Administration,
Chrysler, the Task Force, and the International Union, United
Automobile, Aerospace and Agricultural Implement Workers of
America (also referred to as the ``UAW''); and (7) the
interaction and procedures for identifying the 789 Chrysler
dealerships in the United States scheduled for closure, as
announced on May 14, 2009.''
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.