Sec. 5.9. certain acts not to be taken without authorization

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## Sec. 5.9 certain acts not to be taken without authorization **[**[22 U.S.C. 286c](/us/usc/t22/s286c)**]** Unless Congress by law authorizes such action, neither the President nor any person or agency shall on behalf of the United States

(a)request or consent to any change in the quota of the United States under article III, section 2(a), of the Articles of Agreement of the Fund;

(b)propose a par value for the United States dollar under paragraph 2, paragraph 4, or paragraph 10 of schedule C of the Articles of Agreement of the Fund;

(c)propose any change in the par value of the United States dollar under paragraph 6 of schedule C of the Articles of Agreement of the Fund, or approve any general change in par values under paragraph 11 of schedule C;

(d)subscribe to additional shares of stock under article II, section 3, of the Articles of Agreement of the Bank;

(e)accept any amendment under article XXVIII of the Articles of Agreement of the Fund on article VIII of the Articles of Agreement of the Bank;

(f)make any loan to the Fund or the Bank; or (g)10 approve any disposition of Fund gold, unless the Secretary certifies to the Congress that such disposition is necessary for the Fund to restitute gold to its members, or for the Fund to provide liquidity that will enable the Fund to meet member country claims on the Fund or to meet threats to the systematic stability of the international financial system. Unless Congress by law authorizes such action, no governor or alternate appointed to represent the United States shall vote for an increase of capital stock of the Bank under article II, section 2, of the Articles of Agreement of the Bank, if such increase involves an increased subscription on the part of the United States.11 Neither the President nor any person or agency shall, on behalf of the United States, consent to any borrowing (other than borrowing from a foreign government or other official public source) by the Fund of funds denominated in United States dollars, unless the Secretary of the Treasury transmits a notice of such proposed borrowing to both Houses of the Congress at least 60 days prior to the date on which such borrowing is scheduled to occur.12 9Upon entry into force on Apr. 1, 1978 of the amendments to the Articles of Agreement of the IMF, the first sentence of sec. 5, as provided for by Sec. 3 of Public Law 94–564, was amended and restated. It formerly read as follows: ``Unless Congress by law authorizes such action, neither the President nor any person or agency shall on behalf of the United States

(a)request or consent to any change in the quota of the United States under article III, section 2, of the Articles of Agreement of the Fund;

(b)propose or agree to any change in the par value of the United States dollar under article IV, section 5, or article XX, section 4, of the Articles of Agreement of the Fund, or approve any general change in par values under article IV, section 7;

(c)subscribe to additional shares of stock under article II, section 3, of the Articles of Agreement of the Bank;

(d)accept any amendment under article XVII of the Articles of Agreement of the Fund or article VIII of the Articles of Agreement of the Bank;

(e)make any loan to the Fund or the Bank.''. 10Clause (g), which had been added as part of the amendment described in footnote 9, was further amended by sec. 4(a)(1) of Public Law 95–147 (91 Stat. 1228). Although it never became effective, the original clause

(g)read as follows: ``(g) approve any disposition of Fund gold, unless the Secretary certifies to the Congress that such disposition is necessary for the Fund to restitute gold to its members, or for the Fund to provide liquidity that will enable the Fund to meet member country claims on the Fund or to meet threats to the systematic stability of the international financial system.''. 11Amended by Public Law 106–113, 113 Stat. 1501A–316. The words “if such increase involves an increased subscription on the part of the United States” were added by sec. 1(2) of Public Law 89–126 (79 Stat. 519). 12Sec. 811 of Public Law 98–181 (97 Stat. 1274) added this sentence.

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