I 

111TH CONGRESS 

2D SESSION H. R. 6046 

To require the GAO to evaluate the propriety of assistance provided to 

General Motors Corporation under the Troubled Asset Relief Program, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2010 

Mr. LEE of New York introduced the following bill; which was referred to the 

Committee on Education and Labor, and in addition to the Committees 

on Financial Services, the Judiciary, and Oversight and Government Reform, 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 the GAO to evaluate the propriety of assistance 

provided to General Motors Corporation under the Troubled Asset Relief Program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PROVISION OF INFORMATION TO THE GAO. 

4 (a) IN GENERAL.—Not later than 90 days after the 

5 date of enactment of this Act, the Presidential Task Force 

6 on the Auto Industry (hereafter in this Act referred to 

7 as the ‘‘Task Force’’) shall submit to the Government AcVerDate Mar 15 2010 21:31 Aug 04, 2010 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6046.IH H6046

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1 countability Office all information in its possession relat2 ing to certain specific communications involving General 

3 Motors Corporation (hereafter in this Act referred to as 

4 ‘‘General Motors’’), relating to the role of the Task Force 

5 in negotiating, reviewing, approving, or any other aspect 

6 of— 

7 (1) the plans for reorganization or restructuring 

8 in connection with bankruptcy proceedings that com9 menced during 2009 under chapter 11, of title 11, 

10 United States Code (hereafter in this Act referred to 

11 as ‘‘bankruptcy proceedings’’), with respect to Gen12 eral Motors; 

13 (2) levels of and reductions in— 

14 (A) the employee and retiree benefits of 

15 current and former General Motors salaried 

16 employees, union employees, and non-union 

17 hourly employees; and 

18 (B) retiree benefits for former employees 

19 of the Delphi Corporation (hereafter in this Act 

20 referred to as ‘‘Delphi’’), including its salaried 

21 retirees, non-union hourly retirees, and union 

22 retirees; 

23 (3) the determination of General Motors not to 

24 alter any pre-existing pension obligations (including 


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1 Delphi pension obligations) during bankruptcy pro2 ceedings; 

3 (4) the determination of General Motors to ex4 pand pension benefits for former unionized Delphi 

5 employees that did not have a pre-existing pension 

6 agreement with General Motors; and 

7 (5) actual payments made by the United States 

8 to General Motors, including any schedule of pay9 ments, any formal or informal terms and conditions 

10 governing such payments, and the amount of inter11 est in ownership the Federal Government would ac12 quire of General Motors and any terms or conditions 

13 as such. 

14 (b) PROVISION OF INFORMATION TO GAO.—Notwith15 standing any other provision of law, not later than 90 days 

16 after the date of enactment of this Act— 

17 (1) the National Archives and Records Adminis18 tration shall submit to the Government Account19 ability Office all information in its possession related 

20 to certain specific communications that occurred be21 tween October 3, 2008, and January 20, 2010, re22 lated to the role of the Department of the Treasury 

23 in negotiating, reviewing, approving, determining, or 

24 in any other aspect relating to General Motors quali25 fying for Federal financial assistance under the 


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1 Troubled Asset Relief Program, including any sched2 ule of payments, and any formal or informal terms 

3 and conditions governing such payments; and 

4 (2) the Pension Benefit Guaranty Corporation 

5 shall submit to the Government Accountability Of6 fice all information in its possession related to cer7 tain specific communications that occurred in 2009 

8 relating to the role of that Office in negotiating, re9 viewing, approving, determining, or in any other as10 pect related to the decision to remove the liens held 

11 on the overseas assets of Delphi. 

12 SEC. 2. REPORT TO CONGRESS. 

13 (a) AUDIT REQUIRED.—The Government Account14 ability Office shall audit the specific communications re15 quired under section 1 and shall, not later than 1 year 

16 after the date of enactment of this Act, submit a report 

17 to the Senate and the House of Representatives containing 

18 its findings. The Government Accountability Office shall, 

19 in conducting such audit, consider any relevant and pub20 lically available bankruptcy records of General Motors and 

21 Delphi. 

22 (b) CONSIDERATIONS.—The audit under subsection 

23 (a) shall consider— 

24 (1) any decision made during General Motors 

25 bankruptcy proceedings that appears to be quid pro 


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1 quo and unduly influenced by the receipt of Federal 

2 funds from the Troubled Asset Relief Program; 

3 (2) any business decision that General Motors 

4 made during bankruptcy proceedings that would be 

5 unlikely for a similar for-profit business (that is not 

6 receiving Federal assistance under the Troubled 

7 Asset Relief Program) to make; 

8 (3) any action or measure that any Federal 

9 Government official took to persuade or force Gen10 eral Motors to take any particular action or meas11 ure; and 

12 (4) whether the decision for the Pension Ben13 efit Guarantee Corporation to remove the liens held 

14 on the overseas assets of Delphi was in the best in15 terest of United States taxpayers. 

Æ 


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