15 U.S.C. § 9051

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 9051 - Temporary relief from troubled debt restructurings

(a) Definitions

In this section:

(1) Applicable period

The term "applicable period" means the period beginning on March 1, 2020 and ending on the earlier of January 1, 2022, or the date that is 60 days after the date on which the national emergency concerning the novel coronavirus disease (COVID-19) outbreak declared by the President on March 13, 2020 under the National Emergencies Act (50 U.S.C. 1601 et seq.) terminates.

(2) Appropriate federal banking agency

The term "appropriate Federal banking agency"-

(A) has the meaning given the term in section 1813 of title 12; and

(B) includes the National Credit Union Administration.

(b) Suspension

(1) In general

During the applicable period, a financial institution, including an insurance company, may elect to-

(A) suspend the requirements under United States generally accepted accounting principles for loan modifications related to the coronavirus disease 2019 (COVID-19) pandemic that would otherwise be categorized as a troubled debt restructuring; and

(B) suspend any determination of a loan modified as a result of the effects of the coronavirus disease 2019 (COVID-19) pandemic as being a troubled debt restructuring, including impairment for accounting purposes under United States Generally Accepted Accounting Principles.

(2) Applicability

Any suspension under paragraph (1)-

(A) shall be applicable for the term of the loan modification, but solely with respect to any modification, including a forbearance arrangement, an interest rate modification, a repayment plan, and any other similar arrangement that defers or delays the payment of principal or interest, that occurs during the applicable period for a loan that was not more than 30 days past due as of December 31, 2019; and

(B) shall not apply to any adverse impact on the credit of a borrower that is not related to the coronavirus disease 2019 (COVID-19) pandemic.

(c) Deference

The appropriate Federal banking agency of the financial institution, including an insurance company, shall defer to the determination of the financial institution, including an insurance company, to make a suspension under this section.

(d) Records

For modified loans for which suspensions under subsection (a) apply-

(1) financial institutions, including insurance companies, should continue to maintain records of the volume of loans involved; and

(2) the appropriate Federal banking agencies may collect data about such loans for supervisory purposes.

15 U.S.C. § 9051

Pub. L. 116-136, div. A, title IV, §40134013,, 134 Stat. 480; Pub. L. 116-260, div. N, title V, §541, Dec. 27, 2020, 134 Stat. 2090.

EDITORIAL NOTES

REFERENCES IN TEXTThe National Emergencies Act, referred to in subsec. (a)(1), is Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables.

AMENDMENTS2020-Subsec. (a)(1). Pub. L. 116-260, §541(2), substituted "January 1, 2022" for "December 31, 2020". Subsec. (b)(1). Pub. L. 116-260, §541(1), inserted ",including an insurance company," after "financial institution" in introductory provisions.Subsec. (b)(1)(B). Pub. L. 116-260, §541(3), inserted "under United States Generally Accepted Accounting Principles" after "accounting purposes".Subsec. (c). Pub. L. 116-260, §541(1), inserted ",including an insurance company," after "financial institution" in two places.Subsec. (d)(1). Pub. L. 116-260, §541(4), inserted ",including insurance companies," after "financial institutions".

Administration

the terms "Administration" and "Administrator" mean the Small Business Administration and the Administrator thereof, respectively; and