United States Code Title 12 — Banks and Banking

§ 5801. Findings and purpose

§ 5801.

Findings and purpose

(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.