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      h Congressional
              Research Service





The CARES Act (P.L. 116-136): Provisions

Designed to Help Banks and Credit Unions



Updated January 11, 2021
The economic effects of the coronavirus (COVID-19) pandemic may cause numerous borrowers to miss
loan repayments, potentially leading to distress at banks and credit unions. Because of the importance of
those institutions to the economy, regulators have implemented safety and soundness regulations,
including lending, capital, and liquidity rules. Regulators also require the institutions to report financial
information.
As part of Congress's response to COVID-19, the Coronavirus Aid, Relief, and Economic Security Act
(CARES  Act; P.L. 116-136) includes four sections-4011, 4012, 4013, and 4014-that temporarily relax
some of the regulations banks face. Section 4016 expands access to the Central Liquidity Facility (CLF),
which is a liquidity facility for credit unions that is administered by at the National Credit Union
Administration. This Insight examines those sections. For descriptions of all sections of Title IV of the
CARES  Act, see CRS Report R46301, Title IVProvisions of the CARESAct (PL. 116-136). Sections 540
and 541 of Division N of the Consolidated Appropriations Act, 2021(P.L. 116-260) extended the
expiration of Sections 4013, 4014, and 4016, as discussed in CRS Insight IN11568, CARESActBankand
Credit Union Relief: Expirations and Extensions Under PL. 116-260.
Policymakers have implemented other measures addressing concerns related to financial institutions. The
CARES  Act expands the Federal Deposit Insurance Corporation's authority to guarantee bank liabilities,
as described in CRS Insight IN11307, The CARESAct (PL. 116-136) Section 4008: FDIC BankDebt
Guarantee Authority. CRS Insight IN11278, Bank and Credit Union Regulators'Response to COVID-19,
describes the actions taken by depository regulators under existing authority to address issues in the
banking industry. CRS Insight IN11259, Federal Reserve: RecentActions in Response to COVID-19,
discusses the programs the Federal Reserve has set up to provide liquidity to financial markets.


OCC Lending Limit Waiver

National banks are subject to limits on how much they can lend to a single borrower relative to their
capital and their portfolio characteristics, unless the loan qualifies for an exception enumerated by statute.
The Office of the Comptroller of the Currency (OCC) generally has relatively narrow authority to


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CRS INSIGHT
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