I 

111TH CONGRESS 

1ST SESSION H. R. 2793 

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. 

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. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Auto Dealers’ Pension 

5 Fairness Act of 2009’’. 

6 SEC. 2. REPORT OF PRESIDENTIAL TASK FORCE ON THE 

7 AUTO INDUSTRY REGARDING DEALERSHIP 

8 CLOSINGS. 

9 (a) IN GENERAL.—Not later than 30 days after the 

10 date of the enactment of this Act, the Presidential Task 

11 Force on the Auto Industry shall submit a report to each 

12 House of the Congress regarding the closing of vehicle 

13 dealerships in connection with proceedings commenced 

14 during 2009 under chapter 11 of title 11, United States 

15 Code, with respect to Chrysler Corporation and General 

16 Motors Corporation. 

17 (b) MATTERS COVERED BY REPORT.—The report 

18 submitted pursuant to subsection (a) shall— 

19 (1) describe in detail the role of the Task Force 

20 in negotiating, reviewing, approving, or relating in 

21 any other respect to the plans of reorganization or 

22 restructuring in connection with proceedings com23 menced during 2009 under chapter 11 of title 11, 

24 United States Code, with respect to Chrysler Cor25 poration and General Motors Corporation, 


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1 (2) describe in detail any advice or direction 

2 provided by the Task Force or any other involve3 ment of the Task Force with respect to determina4 tions of which vehicle dealerships of Chrysler Cor5 poration and General Motors Corporation were se6 lected for closure in connection with such plans of 

7 reorganization or restructuring, and which were spe8 cifically selected for exemption from such closure, 

9 (3) set forth any rationale or economic analyses 

10 used by the Task Force in connection with its advice 

11 or other involvement in determinations regarding the 

12 closure of profitable vehicle dealerships in connection 

13 with such reorganization or restructuring, 

14 (4) set forth any assessment made by the Task 

15 Force of the aggregate amount of withdrawal liabil16 ity which, by reason of the closure of vehicle dealer17 ships of Chrysler Corporation and General Motors 

18 Corporation in connection with such plans of reorga19 nization or restructuring, has been and will be im20 posed under part 1 of subtitle D of title IV of the 

21 Employee Retirement Income Security Act of 1974 

22 on contributing sponsors owning or operating such 

23 dealerships, and 

24 (5) set forth any assessment made by the Task 

25 Force of job losses and related economic impact exVerDate Nov 24 2008 03:21 Jun 11, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2793.IH H2793

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1 pected to arise from such closure of such dealer2 ships. 

3 (c) SUSPENSION OF WITHDRAWAL LIABILITY TO

4 MULTIEMPLOYER PLANS.— 

5 (1) IN GENERAL.—During the period beginning 

6 on the date of the enactment of this Act and ending 

7 60 days after the date on which the report required 

8 under subsection (b) is submitted to each House of 

9 the Congress— 

10 (A) no withdrawal liability may be imposed 

11 pursuant to proceedings commenced under the 

12 provisions of part 1 of subtitle D of title IV of 

13 the Employee Retirement Income Security Act 

14 of 1974 in connection with proceedings com15 menced during 2009 under chapter 11 of title 

16 11, United States Code, by reason of the clos17 ing of an applicable vehicle dealership owned or 

18 operated by any contributing sponsor, and 

19 (B) any payment of withdrawal liability 

20 imposed under such provisions prior to such pe21 riod on a contributing sponsor by reason of the 

22 closing of an applicable vehicle dealership 

23 owned or operated by such contributing sponsor 

24 which would be payable (but for this subVerDate Nov 24 2008 03:21 Jun 11, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2793.IH H2793

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1 section) during such period shall not be pay2 able. 

3 (2) APPLICABLE VEHICLE DEALERSHIP.—For 

4 purposes of this subsection, the term ‘‘applicable ve5 hicle dealership’’ means a vehicle dealership of 

6 Chrysler Corporation or General Motors Corporation 

7 which has been closed in 2009, or is scheduled dur8 ing 2009 for closure, in connection with any plan of 

9 reorganization or restructuring in connection with 

10 proceedings commenced during 2009 under chapter 

11 11 of title 11, United States Code, with respect to 

12 Chrysler Corporation or General Motors Corpora13 tion. 

Æ 


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