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Economic Continuity and Stability Act: Replacing LIBOR

This Act establishes a clear and uniform nationwide process for replacing the LIBOR benchmark in existing contracts that lack practicable replacement provisions. Its purpose is to preclude litigation resulting from the discontinuation of LIBOR and ensure contract continuity by designating a Board-selected benchmark replacement (based on SOFR).
Key points
Establishment of a SOFR-based rate as the replacement for LIBOR contracts lacking adequate fallback provisions.
Provision that contract modifications under this Act are not treated as a sale or exchange of property for Federal income tax purposes.
Safe harbor protection against claims for entities using the Board-selected benchmark replacement.
Amendment to the Higher Education Act of 1965 to adjust special allowance calculations for student loans in the event of LIBOR cessation.
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Additional Information
Print number: 117_S_3844
Sponsor: Sen. Tester, Jon [D-MT]
Process start date: 2022-03-15