[House Report 111-147]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-147

======================================================================

 
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.

                                  
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