Politico Pro: Lighthizer: No intention of submitting China deal to Congress for approval

U.S. Trade Representative Robert Lighthizer on Wednesday batted down the prospect of submitting a final trade deal with China to Congress for approval.

"We have no intentions of submitting it to Congress," Lighthizer said during a House Ways and Means hearing, adding that the deal is "an executive agreement, we're not required to send it to Congress."

The trade official was pressed on the issue by Rep. Lloyd Doggett (D-Texas) after an exchange last Friday between Lighthizer and President Donald Trump on whether to refer to a deal as a memorandum of understanding. Trump dismissed Lighthizer's explanation that an MOU would be a binding agreement, saying he didn't like the term. Lighthizer then said he wouldn't use the term MOU again and would call any deal a trade agreement from now on.

"It's a binding trade agreement. A contract as the president referred to it," Doggett said. "And as a binding trade agreement given the statutory authority that you and the president have to negotiate delegated by Congress, can you outline to us what you would anticipate after the agreement, what would be the timetable for submitting it to Congress for approval?

Lighthizer said any deal would be a settlement of action taken under Section 301 of the 1974 Trade Act, which authorizes the president to enact tariffs in response to unfair trade practices.

"The president is using his action under Section 301 which has been delegated and it's an executive agreement which the Constitution gives the president the right to enter into. We're not changing any tariff lines. We're not using TPA," he said, referring to trade promotion authority legislation, which is the current process for getting comprehensive trade deals approved in Congress. Congress has constitutional authority of matters of commerce but has delegated a number of authorities to the executive branch.

The somewhat testy exchange came despite Lighthizer meeting with Republicans and Democrats ahead of the hearing to preempt any potential clashes with lawmakers.

Doggett added that a deal based on commodity purchases rather than structural changes to China's state-led economy "is an agreement not worth having."

"I agree completely with that statement," Lighthizer said.