Sec. 2. Findings and purpose
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Congress finds that— LIBOR is used as a benchmark rate in more than $200,000,000,000,000 worth of contracts worldwide; 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 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.
It is the purpose of this Act— 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; 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; 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; to provide that modifications of existing contracts pursuant to this Act do not result in recognition of gain or loss for Federal income tax purposes; to provide authority to the Secretary of the Treasury to provide clear guidance regarding the Federal income tax consequences for taxpayers with respect to IBOR contracts transitioning away from IBOR to an IBOR Benchmark Replacement; and to address LIBOR references in Federal law.