H.R. 2990 · 109th Congress
Credit Rating Agency Duopoly Relief Act of 2005
Key: what the circles and colors mean
Each circle is a bill. The ring fills as it moves through Congress:
Under the number: the Yea · Nay count of its final (or latest) recorded vote. On a member's page, the small badge is how that member voted: Y Yea / Aye, N Nay / No, P Present, – Not voting.
Gold and violet are only for Yea and Nay; they never mean a party. A member's party is the letter on their photo.
15 cosponsors · 15 R
0 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
- House Introduced Jun 20, 2005
- House Passed Jul 12, 2006 255–166
Credit Rating Agency Duopoly Relief Act of 2006 - (Sec. 4) Amends the Securities Exchange Act of 1934 (Act) to define a credit rating agency as any person: (1) engaged in the business of issuing credit ratings on the Internet or through another readily accessible means, for free or for a reasonable fee, but excluding a commercial credit reporting company;…
What it does: CRS summary · Passed House amended · Jul 12, 2006
Credit Rating Agency Duopoly Relief Act of 2006 - (Sec. 4) Amends the Securities Exchange Act of 1934 (Act) to define a credit rating agency as any person: (1) engaged in the business of issuing credit ratings on the Internet or through another readily accessible means, for free or for a reasonable fee, but excluding a commercial credit reporting company; (2) employing either a quantitative or qualitative model, or both, to determine credit ratings; and (3) receiving fees from either issuers, investors, or other market participants, or a combination of them.
Defines a nationally recognized statistical rating organization (NRSRO) as a credit rating agency that has been in business as a credit rating agency for at least the past three consecutive years and is registered under the Act.
Prescribes procedural requirements for mandatory NRSRO registration and certification.
Authorizes the Securities and Exchange Commission (SEC) to: (1) take action against any NRSRO that issues credit ratings in contravention of the procedures, criteria, and methodologies that it includes in its registration application or makes and disseminates in required reports; and (2) censure, restrict, suspend for a period not exceeding 12 months, or revoke NRSRO registration for violations of this Act.
Declares it is unlawful for an NRSRO to represent or imply that it has been sponsored, recommended, or approved, or that its abilities or qualifications have been passed upon, by any federal agency or officer.
States it is unlawful for an unregistered credit rating agency to declare itself an NRSRO.
Requires an NRSRO to establish and enforce written policies and procedures to: (1) prevent the misuse in violation of this Act of material, nonpublic information by itself or any associated person; and (2) address and manage potential conflicts of interest.
Grants the SEC discretion to adopt rules or regulations to prohibit, or require the management or disclosure of, any conflicts of interest relating to the issuance of credit ratings by an NRSRO.
Authorizes the SEC to adopt rules that prohibit unfair, coercive, or abusive practices relating to the issuance of credit ratings by an NRSRO.
Requires an NRSRO to: (1) designate a compliance officer for ensuring compliance with securities laws and regulations; and (2) furnish to the SEC certified statements of financial condition by an independent public accountant.
Requires the SEC staff, within 30 days of enactment of this Act, to cease designation of persons and companies as NRSRO, as the term is used under current regulations.
Declares void and of no force or effect the no-action relief that the SEC has granted with respect to the designation of certain NRSRO.
(Sec. 5) Includes an NRSRO among the financial entities required to maintain SEC-prescribed records and reports. States that any report an NRSRO may be required by SEC rules to make and disseminate to the SEC shall be deemed furnished to the SEC.
(Sec. 6) Instructs the Comptroller General to study and report to certain congressional committees on: (1) factors that have led to the consolidation of credit rating agencies; (2) the resulting impact upon securities markets; (3) the problems, if any, faced by business organizations resulting from limited competition among credit rating agencies; and (4) whether and to what extent federal or state regulations impede such competition.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
Votes to become law
About this bill and sources
Official title: Credit Rating Agency Duopoly Relief Act of 2006
Latest action (Jul 13, 2006): Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Policy area: Finance and Financial Sector · Origin: House · Introduced: Jun 20, 2005
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML) · Embed in your story
- House Introduced Jun 20, 2005
- House Passed Jul 12, 2006 255–166
Final vote · House · Jul 12, 2006
Passage — Passed. Vote details
Speaker of the House: J. Dennis Hastert