19 U.S.C. § 4422 — Advisory Committee on International Ex-

Page 1115 TITLE 19—CUSTOMS DUTIES § 4422 22, Foreign Relations and Intercourse, see section 1470(w) of Pub. L. 115–254, set out as a note under sec- tion 905 of Title 2, The Congress. Executive Documents EX. ORD. NO. 13733. DELEGATION OF CERTAIN AUTHORI- TIES AND ASSIGNMENT OF CERTAIN FUNCTIONS UNDER THE TRADE FACILITATION AND TRADE ENFORCEMENT ACT OF 2015 Ex. Ord. No. 13733, July 22, 2016, 81 F.R. 49515, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Trade Facilitation and Trade Enforcement Act of 2015 (the ‘‘Act’’) (Public Law 114–125) and section 301 of title 3, United States Code, I hereby order as follows: SECTION 1. Authorities and Functions under the Act. (a) The functions of the President under section 2313A(b) of the Export Enhancement Act of 1988, as added by sec- tion 504 of the Act, are assigned to the Secretary of Commerce. In carrying out its functions, the State and Federal Export Promotion Coordination Working Group established by the Secretary of Commerce under this section shall also coordinate with local and munic- ipal governments representing regionally diverse areas. (b) The functions of the President under section 909(d) of the Act are assigned to the Secretary of State, in consultation with other relevant Federal agencies. (c) The functions of the President under section 915(d) of the Act are assigned to the Administrator of the United States Agency for International Development, in consultation with the Secretary of State and the United States Trade Representative (U.S. Trade Rep- resentative). (d) The functions of the President under section 915(e) of the Act are assigned to the U.S. Trade Representa- tive, in consultation with the Secretary of State. SEC. 2. Engagement on Currency Exchange Rate and Economic Policies. (a) Prior to undertaking an enhanced analysis of a country pursuant to section 701(a)(2)(A)(ii) of the Act, the Secretary of the Treasury shall seek the views of the U.S. Trade Representative on changes in trade restrictions in that country. (b) In exercising the functions under section 701(b)(2)(A) of the Act, the Secretary of the Treasury shall consult with the Secretary of State in making any determination that commencing enhanced bilat- eral engagement with a country would cause serious harm to the national security of the United States. (c) If the Secretary of the Treasury determines, pur- suant to section 701(c)(1) of the Act, that a country has failed to adopt appropriate policies to correct the undervaluation and surpluses described in section 701(b)(1)(A) of the Act with respect to that country, the Assistant to the President for Economic Policy, in con- sultation with the Secretary of the Treasury, the U.S. Trade Representative, the Secretary of State, and the Secretary of Commerce, shall make a recommendation to the President regarding which of the actions set forth in sections 701(c)(1)(A) through (D) of the Act the President should take, or whether the President should waive, pursuant to section 701(c)(2) of the Act, the re- quirement to take remedial action. SEC. 3. General Provisions. (a) In exercising authority delegated by or performing functions assigned in this order, the Secretaries of State, the Treasury, and Com- merce and the U.S. Trade Representative and their delegees: (i) shall ensure that all actions taken by them are consistent with the President’s constitutional author- ity to (A) conduct the foreign affairs of the United States, including the commencement, conduct, and ter- mination of negotiations with foreign countries and international organizations; (B) withhold information the disclosure of which could impair the foreign rela- tions, the national security, the deliberative processes of the Executive, or the performance of the Executive’s constitutional duties; (C) recommend for congressional consideration such measures as the President may judge necessary or expedient; and (D) supervise the ex- ecutive branch; and (ii) may redelegate authority delegated by this order and may further assign functions assigned by this order to officers of any other department or agency within the executive branch to the extent permitted by law, including section 301 of title 3, United States Code, and such redelegation or further assignment shall be pub- lished in the Federal Register. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. § 4422. Advisory Committee on International Ex- change Rate Policy (a) Establishment (1) In general There is established an Advisory Committee on International Exchange Rate Policy (in this section referred to as the ‘‘Committee’’). (2) Duties The Committee shall be responsible for ad- vising the Secretary of the Treasury with re- spect to the impact of international exchange rates and financial policies on the economy of the United States. (b) Membership (1) In general The Committee shall be composed of 9 mem- bers as follows, none of whom shall be employ- ees of the Federal Government: (A) Three members shall be appointed by the President pro tempore of the Senate, upon the recommendation of the chairmen and ranking members of the Committee on Banking, Housing, and Urban Affairs and the Committee on Finance of the Senate. (B) Three members shall be appointed by the Speaker of the House of Representatives, upon the recommendation of the chairmen and ranking members of the Committee on Financial Services and the Committee on Ways and Means of the House of Representa- tives. (C) Three members shall be appointed by the President. (2) Qualifications Members shall be selected under paragraph (1) on the basis of their objectivity and dem- onstrated expertise in finance, economics, or currency exchange. (3) Terms (A) In general Members shall be appointed for a term of 2 years or until the Committee terminates. (B) Reappointment A member may be reappointed to the Com- mittee for additional terms. (4) Vacancies Any vacancy in the Committee shall not af- fect its powers, but shall be filled in the same manner as the original appointment. Page 1116 TITLE 19—CUSTOMS DUTIES § 4431 1 See References in Text note below. (c) Duration of Committee (1) In general The Committee shall terminate on the date that is 2 years after February 24, 2016, unless renewed by the President for a subsequent 2- year period. (2) Continued renewal The President may continue to renew the Committee for successive 2-year periods by taking appropriate action to renew the Com- mittee prior to the date on which the Com- mittee would otherwise terminate. (d) Meetings The Committee shall hold not fewer than 2 meetings each calendar year. (e) Chairperson (1) In general The Committee shall elect from among its members a chairperson for a term of 2 years or until the Committee terminates. (2) Reelection; subsequent terms A chairperson of the Committee may be re- elected chairperson but is ineligible to serve consecutive terms as chairperson. (f) Staff The Secretary of the Treasury shall make available to the Committee such staff, informa- tion, personnel, administrative services, and as- sistance as the Committee may reasonably re- quire to carry out the activities of the Com- mittee. (g) Application of chapter 10 of title 5 (1) In general Except as provided in paragraph (2), the pro- visions of chapter 10 of title 5 shall apply to the Committee. (2) Exception Meetings of the Committee shall be exempt from the requirements of subsections (a) and (b) of section 1009 and section 1010 of title 5 (relating to open meetings, public notice, pub- lic participation, and public availability of documents), whenever and to the extent it is determined by the President or the Secretary of the Treasury that such meetings will be concerned with matters the disclosure of which— (A) would seriously compromise the devel- opment by the Government of the United States of monetary or financial policy; or (B) is likely to— (i) lead to significant financial specula- tion in currencies, securities, or commod- ities; or (ii) significantly endanger the stability of any financial institution. (h) Authorization of appropriations There are authorized to be appropriated to the Secretary of the Treasury for each fiscal year in which the Committee is in effect $1,000,000 to carry out this section. (Pub. L. 114–125, title VII, § 702, Feb. 24, 2016, 130 Stat. 198; Pub. L. 117–286, § 4(a)(144), Dec. 27, 2022, 136 Stat. 4321.) Editorial Notes AMENDMENTS 2022—Subsec. (g). Pub. L. 117–286, § 4(a)(144)(A), sub- stituted ‘‘chapter 10 of title 5’’ for ‘‘the Federal Advi- sory Committee Act’’ in heading. Subsec. (g)(1). Pub. L. 117–286, § 4(a)(144)(B), sub- stituted ‘‘chapter 10 of title 5’’ for ‘‘the Federal Advi- sory Committee Act (5 U.S.C. App.)’’. Subsec. (g)(2). Pub. L. 117–286, § 4(a)(144)(C), sub- stituted ‘‘section 1009 and section 1010 of title 5’’ for ‘‘section 10 and section 11 of the Federal Advisory Com- mittee Act’’ in introductory provisions. SUBCHAPTER VII—PRECLEARANCE OPERATIONS § 4431. Definitions In this subchapter: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, the Committee on Commerce, Science, and Transportation, and the Com- mittee on Appropriations of the Senate; and (B) the Committee on Homeland Security, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives. (2) Secretary The term ‘‘Secretary’’ means the Secretary of Homeland Security. (Pub. L. 114–125, title VIII, § 812, Feb. 24, 2016, 130 Stat. 217.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this subtitle’’, meaning subtitle B (§§ 811–819) of title VIII of Pub. L. 114–125, which is classified prin- cipally to this subchapter. For complete classification of subtitle B to the Code, see Short Title note set out under section 4301 of this title and Tables. § 4432. Establishment of preclearance operations Pursuant to section 1629 of this title and sec- tion 1103(a)(7) of title 8, and provided that an aviation security preclearance agreement (as de- fined in section 44901(d)(4)(B) 1 of title 49) is in ef- fect, the Secretary may establish and maintain U.S. Customs and Border Protection preclearance operations in a foreign country— (1) to prevent terrorists, instruments of ter- rorism, and other security threats from enter- ing the United States; (2) to prevent inadmissible persons from en- tering the United States; (3) to ensure that merchandise destined for the United States complies with applicable laws; (4) to ensure the prompt processing of per- sons eligible to travel to the United States; and (5) to accomplish such other objectives as the Secretary determines are necessary to pro- tect the United States.