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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.

                                  [all]