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Title 12 — Banks and Banking

Chapter 55 — Adjustable Interest Rate (libor)

§ 5801. Findings and purpose

Statutory text

(a)

Findings

Congress finds that—

(1)

LIBOR is used as a benchmark rate in more than $200,000,000,000,000 worth of contracts worldwide;

(2)

a significant number of existing contracts that reference LIBOR do not provide for the use of a clearly defined or practicable replacement benchmark rate when LIBOR is discontinued; and

(3)

the cessation or nonrepresentativeness of LIBOR could result in disruptive litigation related to existing contracts that do not provide for the use of a clearly defined or practicable replacement benchmark rate.

(b)

Purpose

It is the purpose of this chapter—

(1)

to establish a clear and uniform process, on a nationwide basis, for replacing LIBOR in existing contracts the terms of which do not provide for the use of a clearly defined or practicable replacement benchmark rate, without affecting the ability of parties to use any appropriate benchmark rate in new contracts;

(2)

to preclude litigation related to existing contracts the terms of which do not provide for the use of a clearly defined or practicable replacement benchmark rate;

(3)

to allow existing contracts that reference LIBOR but provide for the use of a clearly defined and practicable replacement rate, to operate according to their terms; and

(4)

to address LIBOR references in Federal law.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Department of Commerce Appropriations Act, 2022

    Pub. L. 117–103 div. U § 102 · 136 Stat. 49

    Enacted · 12 U.S.C. § 5801

    (Pub. L. 117–103, div. U, § 102, Mar. 15, 2022, 136 Stat. 825.)

    Source evidence

    Code source credit
    (Pub. L. 117–103, div. U, § 102, Mar. 15, 2022, 136 Stat. 825.)

    Enacted provision · exact public law section
    Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).

1 of 1 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in subsec. (b), was in the original “this division”, meaning div. U of Pub. L. 117–103, , 136 Stat. 825, known as the Adjustable Interest Rate (LIBOR) Act, which is classified principally to this chapter. For complete classification of div. U to the Code, see Short Title note set out below and Tables.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 117–103, div. U, § 101, , 136 Stat. 825, provided that: “This division [enacting this chapter and amending section 77ppp of Title 15, Commerce and Trade, and section 1087–1 of Title 20, Education] may be cited as the ‘Adjustable Interest Rate (LIBOR) Act’.”

Credits

(Pub. L. 117–103, div. U, § 102, , 136 Stat. 825.)

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