[House Report 115-979]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-979
======================================================================
RESOLUTION OF INQUIRY REQUESTING THE PRESIDENT TO TRANSMIT TO THE HOUSE
OF REPRESENTATIVES CERTAIN DOCUMENTS IN THE POSSESSION OF THE PRESIDENT
RELATING TO THE DETERMINATION TO IMPOSE CERTAIN TARIFFS AND TO THE
STRATEGY OF THE UNITED STATES WITH RESPECT TO CHINA
_______
September 26, 2018.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Brady of Texas, from the Committee on Ways and Means, submitted the
following
R E P O R T
[To accompany H. Res. 1018]
The Committee on Ways and Means, to whom was referred the
resolution (H. Res. 1018) requesting the President to transmit
to the House of Representatives certain documents in the
possession of the President relating to the determination to
impose certain tariffs and to the strategy of the United States
with respect to China, having considered the same, report
thereon without amendment and without recommendation.
CONTENTS
Page
I. SUMMARY AND BACKGROUND............................................2
A. Purpose and Summary................................... 2
B. Background............................................ 2
C. Legislative History................................... 2
II. EXPLANATION OF THE BILL...........................................3
III.VOTES OF THE COMMITTEE............................................3
IV. BUDGET EFFECTS OF THE BILL........................................3
A. Committee Estimate of Budgetary Effects............... 3
B. Statement Regarding New Budget Authority and Tax
Expenditures Budget Authority........................ 3
C. Cost Estimate Prepared by the Congressional Budget
Office............................................... 3
V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE........3
A. Committee Oversight Findings and Recommendations...... 3
B. Statement of General Performance Goals and Objectives. 4
C. Information Relating to Unfunded Mandates............. 4
D. Congressional Earmarks, Limited Tax Benefits, and
Limited Tariff Benefits.............................. 4
E. Duplication of Federal Programs....................... 4
F. Disclosure of Directed Rule Makings................... 4
VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED.............4
I. SUMMARY AND BACKGROUND
A. Purpose and Summary
H. Res. 1018 requests that the President transmit to the
House of Representatives certain documents in the possession of
the President relating to the determination to impose certain
tariffs and to the strategy of the United States with respect
to China.
B. Background
The Committee notes that there is strong bipartisan
agreement in Congress that China's unfair trade practices
significantly harm U.S. farmers, workers, and businesses, and
that strong action is needed to hold China accountable and
level the playing field. USTR's Section 301 Report earlier this
year compiled compelling evidence of China's unfair practices,
inequitable treatment of U.S. companies, outright theft related
to intellectual property, forced technology transfers, and
unfair licensing policies. President Trump is right to insist
that these abuses must stop.
China cheats on trade, and there is a real cost in terms of
U.S. jobs. The necessary resolution is long-term, enduring
reform to China's trade and investment policies, including
changes to Chinese subsidies, tariffs, other trade barriers,
and predatory intellectual property policies. Timely and astute
negotiations under President Trump's leadership and his
personal engagement with President Xi are essential to
achieving a negotiated solution that leads to a strong,
ambitious, and enforceable outcome for the United States.
As the United States works toward this outcome, it is
important to target any response to China to minimize
unintended consequences to local U.S. businesses. Broad tariffs
can severely harm American companies, farmers, workers, and
consumers.
The Committee notes that Article I, Section 8 of the United
States Constitution gives Congress the authority over
international trade. Based on this Constitutional authority and
the partnership that has developed over time between Congress
and the President through legislation, the Committee's
expectation continues to be that all Administrations will
engage in intensive consultation with Congress before taking
action on any aspects of trade policy. This includes any
actions taken with respect to tariffs, non-tariff barriers,
trade negotiations (whether or not conducted under the
framework set forth in the Bipartisan Congressional Trade
Prirorites and Accountability Act of 2015), dispute settlement,
and any other trade enforcement initiatives.
C. Legislative History
Background
H. Res. 1018 was introduced by Representative Bill Pascrell
on July 24, 2018, and was referred to the Committee on Ways and
Means.
Committee hearings
The Committee held no hearings specifically on H. Res.
1018. However, the Committee has held several hearings during
the 115th Congress on the U.S. trade agenda and tariffs,
including with testimony from U.S. Trade Representative Robert
Lighthizer and Secretary of Commerce Wilbur Ross.
Committee action
The Committee on Ways and Means marked up H. Res. 1018 on
September 5, 2018, and ordered the bill reported without
recommendation (with a quorum being present) by a voice vote.
II. EXPLANATION OF THE BILL
H. Res. 1018 requests that the President transmit to the
House of Representatives certain documents in the possession of
the President relating to the determination to impose certain
tariffs and to the strategy of the United States with respect
to China.
III. VOTES OF THE COMMITTEE
In compliance with the Rules of the House of
Representatives, the following statement is made concerning the
vote of the Committee on Ways and Means during the markup
consideration of H. Res. 1018, ``Requesting the President to
transmit to the House of Representatives certain documents in
the possession of the President relating to the determination
to impose certain tariffs and to the strategy of the United
States with respect to China,'' on September 5, 2018.
The resolution was ordered transmitted to the House without
recommendation by a voice vote.
IV. BUDGET EFFECTS OF THE BILL
A. Committee Estimate of Budgetary Effects
Clause 3(d) of rule XIII of the Rules of the House of
Representatives is inapplicable.
B. Statement Regarding New Budget Authority and Tax Expenditures Budget
Authority
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable.
C. Cost Estimate Prepared by the Congressional Budget Office
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
Congressional Budget Office did not provide a cost estimate for
the resolution.
V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE
A. Committee Oversight Findings and Recommendations
With respect to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives, the Committee made findings and
recommendations that are reflected in this report.
B. Statement of General Performance Goals and Objectives
With respect to clause 3(c)(4) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
resolution does not authorize funding, so no statement of
general performance goals and objectives is required.
C. Information Relating to Unfunded Mandates
This information is provided in accordance with section 423
of the Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104-
4).
The Committee has determined that the resolution does not
contain Federal mandates on the private sector. The Committee
has determined that the bill does not impose a Federal
intergovernmental mandate on State, local, or tribal
governments.
D. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
With respect to clause 9 of rule XXI of the Rules of the
House of Representatives, the Committee has carefully reviewed
the provisions of the resolution, and states that the
provisions of H. Res. 1018 do not contain any congressional
earmarks, limited tax benefits, or limited tariff benefits
within the meaning of the rule.
E. Duplication of Federal Programs
In compliance with Sec. 3(g)(2) of H. Res. 5 (115th
Congress), the Committee states that no provision of H. Res.
1018 establishes or reauthorizes: (1) a program of the Federal
Government known to be duplicative of another Federal program;
(2) a program included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139; or (3) a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance, published pursuant to the Federal Program
Information Act (Pub. L. No. 95-220, as amended by Pub. L. No.
98-169).
F. Disclosure of Directed Rule Makings
In compliance with Sec. 3(i) of H. Res. 5 (115th Congress),
the following statement is made concerning directed rule
makings: The Committee estimates that H. Res. 1018 specifically
directs to be completed no specific rule makings within the
meaning of 5 U.S.C. Sec. 551.
VI. 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 advises that H.
Res. 1018 would not make any changes to existing law.
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