Sec. 17.21. [[22 U.S.C. 286e–2](/us/usc/t22/s286e–2)]

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## Sec. 17.21 **[**[22 U.S.C. 286e–2](/us/usc/t22/s286e–2)**]** ###

(a)####

(1)In order to carry out the purposes of the decisions of January 5, 1962, and February 24, 1983, and January 27, 1997, as amended in accordance with their terms,22 of the Executive Directors of the International Monetary Fund, the Secretary of the Treasury is authorized to make loans, in an amount not to exceed the equivalent of 6,712,000,000 Special Drawing Rights, limited to such amounts as are provided in advance in appropriations Acts,23 except that prior to activation, the Secretary of the Treasury shall certify that supplementary resources are needed to forestall or cope with an impairment of the international monetary system and that the Fund has fully explored other means of funding,24 to the Fund under article VII, section 1(i),25 of the Articles of Agreement of the Fund. Any loan under the authority granted in this subsection shall be made with due regard to the present and prospective balance of payments and reserve position of the United States. 21Sec. 17 was added by Public Law 87–490 (76 Stat. 105). 22Sec. 802(a)(1) of Public Law 98–181 (97 Stat. 1268) added the phrase “and February 24, 1983, as amended in accordance with their terms,”. 23Sec. 1101(b) of Public Law 98–181 (97 Stat. 1287) appropriated for an increase in loans to the IMF under the General Arrangements to Borrow, the dollar equivalent of 4,250 million Special Drawing Rights, less $2 billion previously appropriated by Public Law 87–872. 24Sec. 802(a)(1) of Public Law 98–181 (97 Stat.1268) substituted the words to this point beginning with “in an amount not to exceed the equivalent of 4,250,000,000 . . .” in lieu of “not to exceed $2,000,000,000 outstanding at any one time”. 25Upon entry into force of the amendments to the Articles of Agreement of the IMF on Apr. 1, 1978, this reference to sec. 1(i) was substituted in lieu of a reference to sec. 2(i), as had been provided for by sec. 4 of Public Law 94–564. ####

(2)In order to carry out the purposes of a one-time decision of the Executive Directors of the International Monetary Fund (the Fund) to expand the resources of the New Arrangements to Borrow, established pursuant to the decision of January 27, 1997 referred to in paragraph

(1)above, and to make other amendments to the New Arrangements to Borrow to achieve an expanded and more flexible New Arrangements to Borrow as contemplated by paragraph 17 of the G–20 Leaders' Statement of April 2, 2009 in London, the Secretary of the Treasury is authorized to instruct the United States Executive Director to consent to such amendments notwithstanding subsection

(d)of this section, and to make loans, in an amount not to exceed the dollar equivalent of 75,000,000,000 Special Drawing Rights, in addition to any amounts previously authorized under this section and limited to such amounts as are provided in advance in appropriations Acts, except that prior to activation, the Secretary of the Treasury shall report to Congress on whether supplementary resources are needed to forestall or cope with an impairment of the international monetary system and whether the Fund has fully explored other means of funding, to the Fund under article VII, section 1(i), of the Articles of Agreement of the Fund: *Provided,* That prior to instructing the United States Executive Director to provide consent to such amendments, the Secretary of the Treasury shall consult with the appropriate congressional committees on the amendments to be made to the New Arrangements to Borrow, including guidelines and criteria governing the use of its resources; the countries that have made commitments to contribute to the New Arrangements to Borrow and the amount of such commitments; and the steps taken by the United States to expand the number of countries so the United States share of the expanded New Arrangements to Borrow remains not greater than 20 percent, which approximates the United States share as of the date of the enactment of the Supplemental Appropriations Act, 2009 Public Law 111–3226: *Provided further,* That any loan under the authority granted in this subsection shall be made with due regard to the present and prospective balance of payments and reserve position of the United States. 26Section 7090(c) of division F of Public Law 111–117 provides as follows:

(c)Limitation on Percentage of New Arrangements to Borrow to Be Funded by the United States.—Section 17(a)(2) of the Bretton Woods Agreements Act (22 U.S.C. 286e–2(a)(2)) is amended by striking “is representative of its share as of the date ofenactment of this Act” and inserting “remains not greater than 20 percent, which approximates the United States share as of the date of the enactment of the Supplemental Appropriations Act, 2009 Public Law 111–32”. Such amendment probably should have been made to strike “is representative of its share as of the date of enactment of this Act” and inserting new language; however, the amendment was executed to subsection (a)(2) to reflect the probable intent of Congress. ####

(3)In order to carry out the purposes of a one-time decision of the Executive Directors of the International Monetary Fund (the Fund) to expand the resources of the New Arrangements to Borrow, established pursuant to the decision of January 27, 1997, referred to in paragraph (1), the Secretary of the Treasury is authorized to make loans, in an amount not to exceed the dollar equivalent of 28,202,470,000 of Special Drawing Rights, in addition to any amounts previously authorized under this section, except that prior to activation of the New Arrangements to Borrow, the Secretary of the Treasury shall report to Congress whether supplementary resources are needed to forestall or cope with an impairment of the international monetary system and whether the Fund has fully explored other means of funding to the Fund. ####

(4)The authority to make loans under this section shall expire on the date that is 5 years after the date of the enactment of this paragraph unless the Secretary of the Treasury, not later than 60 days before such expiration date or 60 days prior to the renewal of the decision governing the New Arrangements to Borrow (NAB), whichever occurs first, certifies to the appropriate congressional committees, that— #####

(A)no amendments made, or anticipated to be made, to the NAB to achieve an expanded and more flexible NAB, as described in paragraph 17 of the G20 Leaders' Statement at the 2009 London Summit, will impair the ability of the Secretary of the Treasury to consider a renewal of the NAB decision at intervals no greater than 5 years and to withdraw the adherence of the United States to the NAB decision as is currently provided under paragraph 19 of the New Arrangement to Borrow, adopted by the Executive Board of the International Monetary Fund

(IMF)on January 27, 1997; and #####

(B)######

(i)the IMF will borrow resources from members under the NAB only when quota resources need to be supplemented in order to forestall or cope with an impairment of the international monetary system or to deal with an exceptional situation that poses a threat to the stability of that system; ######

(ii)the IMF has, prior to any activation of the NAB, fully explored other means of funding to supplement any potential shortfall in quota resources necessary to forestall or cope with an impairment of the international monetary system or to deal with an exceptional situation that poses a threat to the stability of that system; or ######

(iii)it is in the United States' strategic economic interest to maintain the relative size or lower of the United States contribution to the NAB as in effect on the date of the certification. ####

(5)Not later than 15 days before submitting the certification under paragraph (4), the Secretary of the Treasury shall consult with the appropriate congressional committees regarding such certification. ####

(6)The authority to make loans under this section shall expire on December 31, 2030. ###

(b)####

(1)For the purpose of making loans to the International Monetary Fund pursuant to subsection (a)(1) of this section, there is hereby authorized to be appropriated 6,712,000,000 Special Drawing Rights, except that prior to activation, the Secretary of the Treasury shall certify whether supplementary resources are needed to forestall or cope with an impairment of the international monetary system and that the Fund has fully explored other means of funding,27 to remain available until expended to meet calls by the International Monetary Fund. Any payments made to the United States by the International Monetary Fund as a repayment on account of the principal of a loan made under this section shall continue to be available for loans to the International Monetary Fund, only to the extent that amounts available for such loans are not rescinded by an Act of Congress. 27Sec. 802(a)(2) of Public Law 98–181 (97 Stat. 1268) substituted the words to this point beginning with “4,250,000,000 Special Drawing Rights, . . .” in lieu of “$2,000,000,000”. ####

(2)For the purpose of making loans to the International Monetary Fund pursuant to subsection (a)(2) of this section, there is hereby authorized to be appropriated not to exceed the dollar equivalent of 75,000,000,000 Special Drawing Rights, in addition to any amounts previously authorized under this section, except that prior to activation, the Secretary of the Treasury shall report to Congress on whether supplementary resources are needed to forestall or cope with an impairment of the international monetary system and whether the Fund has fully explored other means of funding, to remain available until expended to meet calls by the Fund. Any payments made to the United States by the Fund as a repayment on account of the principal of a loan made under this section shall continue to be available for loans to the Fund, only to the extent that amounts available for such loans are not rescinded by an Act of Congress. ###

(c)Payments of interest and charges to the United States on account of any loan to the International Monetary Fund shall be covered into the Treasury as miscellaneous receipts. In addition to the amount authorized in subsection (b), there is hereby authorized to be appropriated such amounts as may be necessary for the payment of charges in connection with any purchases of currencies or gold by the United States from the International Monetary Fund. ### (d)28 Unless the Congress by law so authorizes, neither the President, the Secretary of the Treasury, nor any other person acting on behalf of the United States, may instruct the United States Executive Director to the Fund to consent to any amendment to the Decision of February 24, 1983, or the Decision of January 27, 1997, of the Executive Directors of the Fund, if the adoption of such amendment would significantly alter the amount, terms, or conditions of participation by the United States in the General Arrangements to Borrow or the New Arrangements to Borrow, as applicable. 28Sec. 802(a)(3) of Public Law 98–181 (97 Stat. 1268) added subsec. (d). ###

(e)New Requirement for Activation of the New Arrangements to Borrow29 29So in law. The text following “(e)” probably should appear with formatting and casing for a subsection heading. See amendment made by section 9001(3) of division K of Public Law 114–113. #### (1)30 The Secretary of the Treasury shall include in the certification and report required by paragraphs (a)(1), (a)(2), (a)(3), (b)(1), and (b)(2) of this section prior to activation an additional certification and report that— #####

(A)the one-year forward commitment capacity of the IMF (excluding borrowed resources) is expected to fall below 100,000,000,000 Special Drawing Rights during the period of the NAB activation; and #####

(B)activation of the NAB is in the United States strategic economic interest with the reasons and analysis for that determination. 30Section 21012(b)(5)(A)(ii) of division B of Public Law 116–136 provides for an amendment to subsection (e)(1) by striking “(a)(2),” each place such term appears and inserting “(a)(2), (a)(3),”. Such amendment only appears one time in paragraph (1), however, it also appears in paragraph

(2)of subsection (e). ####

(2)Prior to submitting any certification and report required by paragraphs (a)(1), (a)(2),30 (a)(3), (b)(1), and (b)(2) of this section, the Secretary of the Treasury shall consult with the appropriate congressional committees. ###

(f)In this section, the term “**appropriate congressional committees**” means the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Financial Services of the House of Representatives.

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