[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.