< Back to S. 3134 (111th Congress, 2009–2010)

Text of the Currency Exchange Rate Oversight Reform Act of 2010

This bill was introduced on March 17, 2010, in a previous session of Congress, but was not enacted. The text of the bill below is as of Mar 17, 2010 (Introduced).

Source: GPO

II

111th CONGRESS

2d Session

S. 3134

IN THE SENATE OF THE UNITED STATES

March 17, 2010

(for himself, Ms. Stabenow, Mr. Graham, Mr. Brownback, Mr. Brown of Ohio, Ms. Snowe, Mr. Feingold, Mr. Specter, Mr. Casey, Mr. Bayh, Mr. Levin, Mr. Cardin, Mrs. Gillibrand, Mr. Webb, Mr. Reed, Mrs. Lincoln, and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To provide for identification of misaligned currency, require action to correct the misalignment, and for other purposes.

1.

Short title

This Act may be cited as the Currency Exchange Rate Oversight Reform Act of 2010.

I

Currency exchange rate oversight reform

101.

Definitions

In this title:

(1)

Administering authority

The term administering authority means the authority referred to in section 771(1) of the Tariff Act of 1930 (19 U.S.C. 1677(1)).

(2)

Agreement on government procurement

The term Agreement on Government Procurement means the agreement referred to in section 101(d)(17) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(17)).

(3)

Country

The term country means a foreign country, dependent territory, or possession of a foreign country, and may include an association of 2 or more foreign countries, dependent territories, or possessions of countries into a customs union outside the United States.

(4)

Exporting country

The term exporting country means the country in which the subject merchandise is produced or manufactured.

(5)

Fundamental misalignment

The term fundamental misalignment means a significant and sustained undervaluation of the prevailing real effective exchange rate, adjusted for cyclical and transitory factors, from its medium-term equilibrium level.

(6)

Fundamentally misaligned currency

The term fundamentally misaligned currency means a foreign currency that is in fundamental misalignment.

(7)

Real effective exchange rate

The term real effective exchange rate means a weighted average of bilateral exchange rates, expressed in price-adjusted terms.

(8)

Secretary

The term Secretary means the Secretary of the Treasury.

(9)

Sterilization

The term sterilization means domestic monetary operations taken to neutralize the monetary impact of increases in reserves associated with intervention in the currency exchange market.

(10)

Subject merchandise

The term subject merchandise means the merchandise subject to an antidumping investigation, review, suspension agreement, or order referred to in section 771(25) of the Tariff Act of 1930 (19 U.S.C. 1677(25)).

(11)

WTO agreement

The term WTO Agreement means the agreement referred to in section 2(9) of the Uruguay Round Agreements Act (19 U.S.C. 3501(9)).

102.

Report on international monetary policy and currency exchange rates

(a)

Reports required

(1)

In general

Not later than March 15 and September 15 of each calendar year, the Secretary, after consulting with the Chairman of the Board of Governors of the Federal Reserve System and the Advisory Committee on International Exchange Rate Policy, shall submit to Congress and make public, a written report on international monetary policy and currency exchange rates.

(2)

Consultations

On or before March 30 and September 30 of each calendar year, the Secretary shall appear, if requested, before the Committee on Banking, Housing, and Urban Affairs and the Committee on Finance of the Senate and the Committee on Financial Services and the Committee on Ways and Means of the House of Representatives to provide testimony on the reports submitted pursuant to paragraph (1).

(b)

Content of reports

Each report submitted under subsection (a) shall contain the following:

(1)

An analysis of currency market developments and the relationship between the United States dollar and the currencies of major economies and trading partners of the United States.

(2)

A review of the economic and monetary policies of major economies and trading partners of the United States, and an evaluation of how such policies impact currency exchange rates.

(3)

A description of any currency intervention by the United States or other major economies or trading partners of the United States, or other actions undertaken to adjust the actual exchange rate relative to the United States dollar.

(4)

An evaluation of the domestic and global factors that underlie the conditions in the currency markets, including—

(A)

monetary and financial conditions;

(B)

accumulation of foreign assets;

(C)

macroeconomic trends;

(D)

trends in current and financial account balances;

(E)

the size, composition, and growth of international capital flows;

(F)

the impact of the external sector on economic growth;

(G)

the size and growth of external indebtedness;

(H)

trends in the net level of international investment; and

(I)

capital controls, trade, and exchange restrictions.

(5)

A list of currencies designated as fundamentally misaligned currencies pursuant to section 103(a)(2), and a description of any economic models or methodologies used to establish the list.

(6)

A list of currencies designated for priority action pursuant to section 103(a)(3).

(7)

An identification of the nominal value associated with the medium-term equilibrium exchange rate, relative to the United States dollar, for each currency listed under paragraph (6).

(8)

A description of any consultations conducted or other steps taken pursuant to section 104, 105, or 106, including any actions taken to eliminate the fundamental misalignment.

(9)

A description of any determination made pursuant to section 108(a).

(c)

Consultations

The Secretary shall consult with the Chairman of the Board of Governors of the Federal Reserve System and the Advisory Committee on International Exchange Rate Policy with respect to the preparation of each report required under subsection (a). Any comments provided by the Chairman of the Board of Governors of the Federal Reserve System or the Advisory Committee on International Exchange Rate Policy shall be submitted to the Secretary not later than the date that is 15 days before the date each report is due under subsection (a). The Secretary shall submit the report to Congress after taking into account all such comments received.

103.

Identification of fundamentally misaligned currencies

(a)

Identification

(1)

In general

The Secretary shall analyze on a semiannual basis the prevailing real effective exchange rates of foreign currencies.

(2)

Designation of fundamentally misaligned currencies

With respect to the currencies of countries that have significant bilateral trade flows with the United States, and currencies that are otherwise significant to the operation, stability, or orderly development of regional or global capital markets, the Secretary shall determine whether any such currency is in fundamental misalignment and shall designate such currency as a fundamentally misaligned currency.

(3)

Designation of currencies for priority action

The Secretary shall designate a currency identified under paragraph (2) for priority action if the country that issues such currency is—

(A)

engaging in protracted large-scale intervention in the currency exchange market, particularly if accompanied by partial or full sterilization;

(B)

engaging in excessive and prolonged official or quasi-official accumulation of foreign exchange reserves and other foreign assets, for balance of payments purposes;

(C)

introducing or substantially modifying for balance of payments purposes a restriction on, or incentive for, the inflow or outflow of capital, that is inconsistent with the goal of achieving full currency convertibility; or

(D)

pursuing any other policy or action that, in the view of the Secretary, warrants designation for priority action.

(b)

Reports

The Secretary shall include a list of any foreign currency designated under paragraph (2) or (3) of subsection (a) and the data and reasoning underlying such designations in each report required by section 102.

104.

Negotiations and consultations

(a)

In general

Upon designation of a currency pursuant to section 103(a)(2), the Secretary shall seek to consult bilaterally with the country that issues such currency in order to facilitate the adoption of appropriate policies to address the fundamental misalignment.

(b)

Consultations involving currencies designated for priority action

With respect to each currency designated for priority action pursuant to section 103(a)(3), the Secretary shall, in addition to seeking to consult with a country pursuant to subsection (a)—

(1)

seek the advice of the International Monetary Fund with respect to the Secretary’s findings in the report submitted to Congress pursuant to section 102(a); and

(2)

encourage other governments, whether bilaterally or in appropriate multinational fora, to join the United States in seeking the adoption of appropriate policies by the country described in subsection (a) to eliminate the fundamental misalignment.

105.

Failure to adopt appropriate policies

(a)

In general

Not later than 90 days after the date on which a currency is designated for priority action pursuant to section 103(a)(3), the Secretary shall determine whether the country that issues such currency has adopted appropriate policies, and taken identifiable action, to eliminate the fundamental misalignment. The Secretary shall promptly notify Congress of such determination and publish notice of the determination in the Federal Register. If the Secretary determines that the country that issues such currency has failed to adopt appropriate policies, or take identifiable action, to eliminate the fundamental misalignment, the following shall apply with respect to the country until a notification described in section 106(b) is published in the Federal Register:

(1)

Adjustment under antidumping law

For purposes of an antidumping investigation under subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.), or a review under subtitle C of such Act (19 U.S.C. 1675 et seq.), the following shall apply:

(A)

In general

The administering authority shall ensure a fair comparison between the export price and the normal value by adjusting the price used to establish export price or constructed export price to reflect the fundamental misalignment of the currency of the exporting country.

(B)

Sales subject to adjustment

The adjustment described in subparagraph (A) shall apply with respect to subject merchandise sold on or after the date that is 30 days after the date the currency of the exporting country is designated for priority action pursuant to section 103(a)(3).

(2)

Federal procurement

(A)

In general

The President shall prohibit the procurement by the Federal Government of products or services from the country.

(B)

Exception

The prohibition provided for in subparagraph (A) shall not apply with respect to a country that is a party to the Agreement on Government Procurement.

(3)

Request for IMF action

The United States shall inform the Managing Director of the International Monetary Fund of the failure of the country to adopt appropriate policies, or to take identifiable action, to eliminate the fundamental misalignment, and the actions the country is engaging in that are identified in section 103(a)(3), and shall request that the Managing Director of the International Monetary Fund—

(A)

consult with such country regarding the observance of the country's obligations under article IV of the International Monetary Fund Articles of Agreement, including through special consultations, if necessary; and

(B)

formally report the results of such consultations to the Executive Board of the International Monetary Fund within 180 days of the date of such request.

(4)

OPIC financing

The Overseas Private Investment Corporation shall not approve any new financing (including insurance, reinsurance, or guarantee) with respect to a project located within the country.

(5)

Multilateral bank financing

The Secretary shall instruct the United States Executive Director at each multilateral bank to oppose the approval of any new financing (including loans, other credits, insurance, reinsurance, or guarantee) to the government of the country or for a project located within the country.

(b)

Waiver

(1)

In general

The President may waive any action provided for under subsection (a) if the President determines that—

(A)

taking such action would cause serious harm to the national security of the United States; or

(B)

it is in the vital economic interest of the United States to do so and taking such action would have an adverse impact on the United States economy greater than the benefits of such action.

(2)

Notification

The President shall promptly notify Congress of a determination under paragraph (1) (and the reasons for the determination, if made under paragraph (1)(B)) and shall publish notice of the determination (and the reasons for the determination, if made under paragraph (1)(B)) in the Federal Register.

(c)

Reports

The Secretary shall describe any action or determination pursuant to subsection (a) or (b) in the first semiannual report required by section 102 after the date of such action or determination.

106.

Persistent failure to adopt appropriate policies

(a)

Persistent failure To adopt appropriate policies

Not later than 360 days after the date on which a currency is designated for priority action pursuant to section 103(a)(3), the Secretary shall determine whether the country that issues such currency has adopted appropriate policies, and taken identifiable action, to eliminate the fundamental misalignment. The Secretary shall promptly notify Congress of such determination and shall publish notice of the determination in the Federal Register. If the Secretary determines that the country that issues such currency has failed to adopt appropriate policies, or take identifiable action, to eliminate the fundamental misalignment, in addition to the actions described in section 105(a), the following shall apply with respect to the country until a notification described in subsection (b) is published in the Federal Register:

(1)

Action at the WTO

The United States Trade Representative shall request consultations in the World Trade Organization with the country regarding the consistency of the country's actions with its obligations under the WTO Agreement.

(2)

Remedial intervention

(A)

In general

The Secretary shall consult with the Board of Governors of the Federal Reserve System to consider undertaking remedial intervention in international currency markets in response to the fundamental misalignment of the currency designated for priority action, and coordinating such intervention with other monetary authorities and the International Monetary Fund. In doing so, the Secretary shall consider the impact of such intervention on domestic economic growth and stability, including the impact on interest rates.

(B)

Notice to country

At the same time the Secretary takes action under subparagraph (A), the Secretary shall notify the country that issues such currency of the consultations under subparagraph (A).

(b)

Notification

The Secretary shall promptly notify Congress when a country that issues a currency designated for priority action pursuant to section 103(a)(3) adopts appropriate policies, or takes identifiable action, to eliminate the fundamental misalignment, and publish notice of the action of that country in the Federal Register.

(c)

Waiver

(1)

In general

The President may waive any action provided for under this section, or extend any waiver provided for under section 105(b), if the President determines that—

(A)

taking such action would cause serious harm to the national security of the United States; or

(B)

it is in the vital economic interest of the United States to do so, and that taking such action would have an adverse impact on the United States economy substantially out of proportion to the benefits of such action.

(2)

Notification

The President shall promptly notify Congress of a determination under paragraph (1) (and the reasons for the determination, if made under paragraph (1)(B)) and shall publish notice of the determination (and the reasons for the determination, if made under paragraph (1)(B)) in the Federal Register.

(d)

Disapproval of waiver

If the President waives an action pursuant to subsection (c)(1)(B), or extends a waiver provided for under section 105(b)(1)(B), the waiver shall cease to have effect upon the enactment of a joint resolution described in section 107(a)(2).

(e)

Reports

The Secretary shall describe any action or determination pursuant to subsection (a), (b), or (c) in the first semiannual report required by section 102 after the date of such action or determination.

107.

Congressional disapproval of waiver

(a)

Resolution of Disapproval

(1)

Introduction

If a resolution of disapproval is introduced in the House of Representatives or the Senate during the 90-day period (not counting any day which is excluded under section 154(b)(1) of the Trade Act of 1974 (19 U.S.C. 2194(b)(1))), beginning on the date on which the President first notifies Congress of a determination to waive action with respect to a country pursuant to section 106(c)(1)(B), that resolution of disapproval shall be considered in accordance with this subsection.

(2)

Resolution of disapproval

In this subsection, the term resolution of disapproval means only a joint resolution of the two Houses of the Congress, the sole matter after the resolving clause of which is as follows: That Congress does not approve the determination of the President under section 106(c)(1)(B) of the Currency Exchange Rate Oversight Reform Act of 2010 with respect to ______, of which Congress was notified on _____., with the first blank space being filled with the name of the appropriate country and the second blank space being filled with the appropriate date.

(3)

Procedures for considering resolutions

(A)

Introduction and referral

Resolutions of disapproval—

(i)

in the House of Representatives—

(I)

may be introduced by any Member of the House;

(II)

shall be referred to the Committee on Financial Services and, in addition, to the Committee on Rules; and

(III)

may not be amended by either Committee; and

(ii)

in the Senate—

(I)

may be introduced by any Member of the Senate;

(II)

shall be referred to the Committee on Banking, Housing, and Urban Affairs; and

(III)

may not be amended.

(B)

Committee discharge and floor consideration

The provisions of subsections (c) through (f) of section 152 of the Trade Act of 1974 (other than paragraph (3) of such subsection (f)) (19 U.S.C. 2192(c) through (f)) (relating to committee discharge and floor consideration of certain resolutions in the House and Senate) apply to a joint resolution of disapproval under this section to the same extent as such subsections apply to joint resolutions under such section 152.

(b)

Rules of House of Representatives and Senate

This section is enacted by Congress—

(1)

as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, and the rules provided for in this section supersede other rules only to the extent that they are inconsistent with such other rules; and

(2)

with the full recognition of the constitutional right of either House to change the rules provided for in this section (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House.

108.

International financial institution governance arrangements

(a)

Initial review

Notwithstanding any other provision of law, before the United States approves a proposed change in the governance arrangement of any international financial institution, as defined in section 1701(c)(2) of the International Financial Institutions Act (22 U.S.C. 262r(c)(2)), the Secretary shall determine whether any member of the international financial institution that would benefit from the proposed change, in the form of increased voting shares or representation, has a currency that was designated a currency for priority action pursuant to section 103(a)(3) in the most recent report required by section 102. The determination shall be reported to Congress.

(b)

Subsequent action

The United States shall oppose any proposed change in the governance arrangement of the international financial institution (described in subsection (a)), if the Secretary renders an affirmative determination pursuant to subsection (a).

(c)

Further action

The United States shall continue to oppose any proposed change in the governance arrangement of the international financial institution, pursuant to subsection (b), until the Secretary determines and reports to Congress that the proposed change would not benefit any member of the international financial institution, in the form of increased voting shares or representation, that has a currency that is designated a currency for priority action pursuant to section 103(a)(3).

109.

Adjustment for fundamentally misaligned currency designated for priority action

(a)

In general

Subsection (c)(2) of section 772 of the Tariff Act of 1930 (19 U.S.C. 1677a(c)(2)) is amended—

(1)

by striking and at the end of subparagraph (A);

(2)

by striking the period at the end of subparagraph (B) and inserting ; and; and

(3)

by adding at the end the following:

(C)

if required by section 105(a)(1) of the Currency Exchange Rate Oversight Reform Act of 2010, the percentage by which the domestic currency of the producer or exporter is undervalued in relation to the United States dollar as determined under section 771(37).

.

(b)

Calculation methodology

Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by adding at the end the following:

(37)

Percentage undervaluation

The administering authority shall determine the percentage by which the domestic currency of the producer or exporter is undervalued in relation to the United States dollar by comparing the nominal value associated with the medium-term equilibrium exchange rate of the domestic currency of the producer or exporter, identified by the Secretary pursuant to section 102(b)(7) of the Currency Exchange Rate Oversight Reform Act of 2010, to the official daily exchange rate identified by the administering authority.

.

110.

Currency undervaluation under countervailing duty law

(a)

Investigation or review

Subsection (c) of section 702 of the Tariff Act of 1930 (19 U.S.C. 1671a(c)) is amended by adding at the end the following:

(6)

Currency undervaluation

For purposes of a countervailing duty investigation under this subtitle, or a review under subtitle C of this title, the following shall apply:

(A)

In general

The administering authority shall initiate an investigation to determine whether currency undervaluation by the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy as described in section 771(5), if—

(i)

a petition filed by an interested party (described in subparagraph (C), (D), (E), (F), or (G) of section 771(9)) alleges the elements necessary for the imposition of the duty imposed by section 701(a); and

(ii)

the petition is accompanied by information reasonably available to the petitioner supporting those allegations.

(B)

Designation of fundamentally misaligned currency for priority action

Upon designation of a currency as a fundamentally misaligned currency for priority action pursuant to section 103(a)(3) of the Currency Exchange Rate Oversight Reform Act of 2010, the administering authority shall initiate an investigation to determine whether the country that issues such currency is providing, directly or indirectly, a countervailable subsidy as defined in section 771(5), if—

(i)

a petition filed by an interested party (described in subparagraph (C), (D), (E), (F), or (G) of section 771(9)) alleges the elements necessary for the imposition of the duty imposed by section 701(a); and

(ii)

the petition is accompanied by information reasonably available to the petitioner supporting those allegations.

.

(b)

Benefit calculation methodology

Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677), as amended by section 109(b), is amended by adding at the end the following:

(38)

Currency undervaluation benefit

For purposes of a countervailing duty investigation under subtitle A of this title, or a review under subtitle C of this title, the following shall apply:

(A)

In general

If the administering authority determines to investigate whether currency undervaluation is a countervailable subsidy as defined in section 771(5), the administering authority shall determine whether there is a benefit to the recipient and measure such benefit as the simple average of the results yielded from application of the macroeconomic-balance approach and the equilibrium-real-exchange-rate approach. The administering authority shall rely upon data that are publicly available, reliable, and complied and maintained by the International Monetary Fund or the World Bank, or other international organizations or national governments if International Monetary Fund or World Bank data is not available.

(B)

Designation of fundamentally misaligned currency for priority action

In the case of designation of a currency as a fundamentally misaligned currency for priority action pursuant to section 103(a)(3) of the Currency Exchange Rate Oversight Reform Act of 2010, the administering authority shall determine whether there is a benefit to the recipient and measure such benefit by comparing the nominal value associated with the medium-term equilibrium exchange rate of the currency of the exporting country, identified by the Secretary pursuant to section 102(b)(7) of such Act, to the official daily exchange rate identified by the administering authority.

(C)

Definitions

(i)

Macroeconomic-balance approach

The term marcroeconomic-balance approach means a methodology under which the level of undervaluation of the real effective exchange rate of the exporting country’s currency is defined as the change in the real effective exchange rate needed to achieve equilibrium in the exporting country’s balance of payments, as such methodology is described in the guidelines of the International Monetary Fund’s Consultative Group on Exchange Rate Issues, if available.

(ii)

Equilibrium-real-exchange-rate approach

The term equilibrium-real-exchange-rate approach means a methodology under which the level of undervaluation of the real effective exchange rate of the exporting country’s currency is defined as the difference between the observed real effective exchange rate and the real effective exchange rate predicted by an econometric model, as such methodology is described in the guidelines of the International Monetary Fund’s Consultative Group on Exchange Rate Issues, if available.

.

111.

Nonmarket economy status

Paragraph (18)(B) of section 771 of the Tariff Act of 1930 (19 U.S.C. 1677(18)(B)) is amended—

(1)

by striking and at the end of clause (v); and

(2)

by redesignating clause (vi) as clause (vii) and inserting after clause (v) the following:

(vi)

whether the currency of the foreign country is designated, or has been designated at any time over the 5 years prior to review of nonmarket economy status, a currency for priority action pursuant to section 103(a)(3) of the Currency Exchange Rate Oversight Reform Act of 2010, and

.

112.

Application to Canada and Mexico

Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3438), section 105(a)(1) and the amendments made by sections 109, 110, and 111 shall apply with respect to goods from Canada and Mexico.

113.

Advisory committee on international exchange 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). The Committee shall be responsible for—

(A)

advising the Secretary in the preparation of each report to Congress on international monetary policy and currency exchange rates, provided for in section 102; and

(B)

advising Congress and the President with respect to—

(i)

international exchange rates and financial policies; and

(ii)

the impact of such policies on the economy of the United States.

(2)

Membership

(A)

In general

The Committee shall be composed of 9 members as follows, none of whom shall be from the Federal Government:

(i)

Congressional appointees

(I)

Senate appointees

Four persons 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.

(II)

House appointees

Four persons 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 Representatives.

(ii)

Presidential appointee

One person shall be appointed by the President.

(B)

Qualifications

Persons shall be selected under subparagraph (A) on the basis of their objectivity and demonstrated expertise in finance, economics, or currency exchange.

(3)

Terms

Members shall be appointed for a term of 4 years or until the Committee terminates. An individual may be reappointed to the Committee for additional terms.

(4)

Vacancies

Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner as the original appointment.

(b)

Duration of committee

Notwithstanding section 14(c) of the Federal Advisory Committee Act (5 U.S.C. App.), the Committee shall terminate on the date that is 4 years after the date of the enactment of this Act unless renewed by the President pursuant to section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) for a subsequent 4-year period. The President may continue to renew the Committee for successive 4-year periods by taking appropriate action prior to the date on which the Committee would otherwise terminate.

(c)

Public meetings

The Committee shall hold at least 2 public meetings each year for the purpose of accepting public comments, including comments from small business owners. The Committee shall also meet as needed at the call of the Secretary or at the call of two-thirds of the members of the Committee.

(d)

Chairperson

The Committee shall elect from among its members a chairperson for a term of 4 years or until the Committee terminates. A chairperson of the Committee may be reelected chairperson but is ineligible to serve consecutive terms as chairperson.

(e)

Staff

The Secretary shall make available to the Committee such staff, information, personnel, administrative services, and assistance as the Committee may reasonably require to carry out its activities.

(f)

Application of Federal advisory committee Act

(1)

In general

The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Committee.

(2)

Exception

Except for the 2 annual public meetings required under subsection (c), meetings of the Committee shall be exempt from the requirements of subsections (a) and (b) of sections 10 and 11 of the Federal Advisory Committee Act (relating to open meetings, public notice, public participation, and public availability of documents), whenever and to the extent it is determined by the President or the Secretary that such meetings will be concerned with matters the disclosure of which would seriously compromise the development by the United States Government of monetary and financial policy.

114.

Repeal of the exchange rates and international economic policy coordination Act of 1988

The Exchange Rates and International Economic Policy Coordination Act of 1988 (22 U.S.C. 5301 et seq.) is repealed.

II

Permanent extension of certain charitable provisions

201.

Tax-free distributions from individual retirement plans for charitable purposes

(a)

In general

Section 408(d)(8) of the Internal Revenue Code of 1986 is amended by striking subparagraph (F).

(b)

Effective date

The amendment made by this section shall apply to distributions made in taxable years beginning after December 31, 2009.

202.

Enhanced charitable deduction for contributions of food inventory

(a)

In general

Section 170(e)(3)(C) of the Internal Revenue Code of 1986 is amended by striking clause (iv).

(b)

Effective date

The amendment made by this section shall apply to contributions made after December 31, 2009.

203.

Enhanced charitable deduction for contributions of book inventories to public schools

(a)

In general

Section 170(e)(3)(D) of the Internal Revenue Code of 1986 is amended by striking clause (iv).

(b)

Effective date

The amendment made by this section shall apply to contributions made after December 31, 2009.

204.

Enhanced charitable deduction for corporate contributions of computer inventory for educational purposes

(a)

In general

Section 170(e)(6) of the Internal Revenue Code of 1986 is amended by striking subparagraph (G).

(b)

Effective date

The amendment made by this section shall apply to contributions made in taxable years beginning after December 31, 2009.