Credit Rating Agency Reform Act of 2006
Latest action · Sep 29, 2006 Became Public Law No: 109-291.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedSep 6, 2006
- Passed SenateSep 22, 2006
- Passed HouseSep 27, 2006
- To the PresidentSep 28, 2006
- Became lawSep 29, 2006Public Law 109-291
Summary
(This measure has not been amended since it was passed by the Senate on September 22, 2006. The summary of that version is repeated here.)
Credit Rating Agency Reform Act of 2006 - (Sec. 4) Amends the Securities Exchange Act of 1934 to require nationally recognized statistical rating organizations (NRSROs) to register with the Securities and Exchange Commission (SEC).
Requires registration applications, among other items, to include on a confidential basis: (1) a list of the 20 largest securities issuers and subscribers that use the applicant's rating services; and (2) certifications from at least 10 qualified institutional buyers (QIBs) that they have used the ratings for at least the three most recent years, including two certifications for each type of rating the applicant will issue. Exempts from the latter written certification requirement any credit rating agency which has received, or been the subject of, a no-action letter from the SEC staff before August 2, 2006, stating that such staff would not recommend enforcement action against any broker or dealer that considers credit ratings issued by such credit rating agency to be ratings from an NRSRO.
Requires the SEC within 90 days of receiving an application to grant registration or institute proceedings to determine whether not to. Requires the SEC to grant registration unless the applicant does not have adequate financial and managerial resources to consistently produce credit ratings with integrity and to comply materially with the procedures and methodologies disclosed in its application.
Requires each NRSRO to certify annually that the application documents (other than the QIB certifications) remain accurate, and to list any material changes that occurred.
Grants the SEC exclusive enforcement authority over any NRSRO that issues credit ratings in material contravention of the procedures included in its registration application.
Prohibits the SEC or any state or or local government from regulating the substance of credit ratings or the procedures and methodologies by which a NRSRO determines credit ratings.
Requires SEC rules to be narrowly tailored, and not purport to regulate either the substance of credit ratings or the procedures and methodologies by which NRSROs determine credit ratings.
Provides for censure, denial, suspension, or revocation of NRSRO registration.
States that it shall be unlawful for: (1) an NRSRO to represent or imply that it has been designated, sponsored, recommended, or approved, or that its abilities or qualifications have in any respect been passed upon, by the United States or any federal agency, officer, or employee; or (2) a credit rating agency that is not registered as a NRSRO under this Act to state that it is so registered.
Requires each NRSRO to establish and enforce written policies and procedures to: (1) prevent the misuse of nonpublic information; and (2) manage conflicts of interest.
Directs the SEC to issue final rules to prohibit unfair, coercive, or abusive acts or practices by NRSROs. Includes among such acts: (1) conditioning or threatening to condition an issuer's credit rating on the purchase of other services or products; (2) lowering or threatening to lower a credit rating, or refusing to rate securities or money market instruments issued by an asset pool, unless a portion of the assets in the pool also is rated by the NRSRO; and (3) modifying or threatening to modify a credit rating based on whether the issuer or an affiliate will purchase other services from the NRSRO.
Requires an NRSRO to: (1) designate a compliance officer to ensure compliance with securities laws, rules, and regulations; and (2) furnish the SEC with financial statements certified by an independent public accountant.
Makes registration under this Act the sole method of NRSRO registration. Prohibits any credit rating agency treated as an NRSRO before enactment of this Act from relying on no-action relief for continued treatment as an NRSRO in lieu of active registration.
Preempts any state and local law requiring the registration, licensing, or qualification of an NRSRO (or any employee or contractor) as a credit rating agency or an NRSRO. Declares, however, that nothing in this preemption prohibits a state securities commission (or similar agency or office) from investigating and bringing an enforcement action with respect to fraud or deceit against any NRSRO or associated person.
Amends the following Acts to reflect the provisions of this Act: (1) Securities Exchange Act of 1934; (2) Investment Company Act of 1940; (3) Investment Advisers Act of 1940; (4) Housing and Community Development Act of 1992; and (5) Higher Education Act of 1965.
Amends the Investment Advisers Act of 1940 to exclude any NRSRO from the meaning of investment adviser unless it engages in issuing recommendations as to purchasing, selling, or holding securities or in managing assets, consisting in whole or in part of securities, on behalf of others.
(Sec. 6) Directs the SEC to report annually to specified congressional committees on: (1) applicants for NRSRO registration; (2) actions taken on such applications; and (3) the views of the SEC on the state of competition, transparency, and conflicts of interest among NRSROs.
(Sec. 7) Requires the Comptroller General to study and report to certain congressional committees on the impact of this Act upon: (1) the quality of credit ratings issued by NRSROs; (2) the financial markets; (3) competition among credit rating agencies; and (4) the incidence of inappropriate conflicts of interest and sales practices by NRSROs.
Cosponsors
Members who signed on, in the order they did.
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| Senate | Banking, Housing, and Urban Affairs Committee | Markup Aug 2, 2006Reported as an original measure Sep 6, 2006 |
Actions 17
Everything that happened, newest first.
- Sep 29, 2006Signed by President.
- Sep 29, 2006Became Public Law No: 109-291.
- Sep 28, 2006Presented to President.
- Sep 27, 2006Mr. Oxley moved to suspend the rules and pass the bill.
- Sep 27, 2006Considered under suspension of the rules. (consideration: CR H7565-7571)
- Sep 27, 2006DEBATE - The House proceeded with forty minutes of debate on S. 3850.
- Sep 27, 2006Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H7565-7568)
- Sep 27, 2006Motion to reconsider laid on the table Agreed to without objection.
- Sep 25, 2006Received in the House.
- Sep 25, 2006Held at the desk.
- Sep 22, 2006Measure laid before Senate by unanimous consent. (consideration: CR S10011-10016)
- Sep 22, 2006Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent. (text: CR S10013-10016)
- Sep 22, 2006Message on Senate action sent to the House.
- Sep 6, 2006Introduced in Senate
- Sep 6, 2006Committee on Banking, Housing, and Urban Affairs. Original measure reported to Senate by Senator Shelby. With written report No. 109-326.
- Sep 6, 2006Placed on Senate Legislative Calendar under General Orders. Calendar No. 590.
- Aug 2, 2006Committee on Banking, Housing, and Urban Affairs ordered to be reported an original measure.
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimates 2
- Sep 1, 2006S. 3850, Credit Rating Agency Reform Act of 2006<p>Cost estimate for the bill as ordered reported by the Senate Committee on Banking, Housing, and Urban Affairs on August 2, 2006</p>
- Sep 1, 2006S. 3850, Credit Rating Agency Reform Act of 2006Cost estimate for the bill as ordered reported by the Senate Committee on Banking, Housing, and Urban Affairs on August 2, 2006
CRS reports 5
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 5
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| IF11916 | Credit Rating Agencies: Background and Regulatory Issues | Resource | Apr 9, 2024 |
| R40879 | Resolutions of Inquiry: An Analysis of Their Use in the House, 1947-2017 Archived | Report | Nov 9, 2017 |
| RL34672 | Auction-Rate Securities Archived | Report | Jul 17, 2012 |
| R41503 | The Dodd-Frank Wall Street Reform and Consumer Protection Act: Title IX, Investor Protection Archived | Report | Nov 24, 2010 |
| R40613 | Credit Rating Agencies and Their Regulation Archived | Report | Apr 9, 2010 |
Amendments 1
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| SA 5035 | To amend the bill. | Richard C. Shelby R-AL | Amendment SA 5035 agreed to in Senate by Unanimous Consent. |
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 2990 | Credit Rating Agency Duopoly Relief Act of 2006 | Related bill | Jul 13, 2006 |
Titles 6
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- An original bill to improve ratings quality for the protection of investors and in the public interest by fostering accountability, transparency, and competition in the credit rating agency industry.
- Short Titles as Introduced
- Credit Rating Agency Reform Act of 2006
- Short Titles as Reported to Senate
- Credit Rating Agency Reform Act of 2006
- Short Titles as Passed House
- Credit Rating Agency Reform Act of 2006
- Short Titles as Passed Senate
- Credit Rating Agency Reform Act of 2006
- Short Titles as Enacted
- Credit Rating Agency Reform Act of 2006
Subjects
Assigned by the Library of Congress. Policy area: Finance and Financial Sector.
- Administrative procedure
- Brokers
- Business ethics
- Commerce
- Conflict of interests
- Congress
- Congressional investigations
- Congressional reporting requirements
- Consumer credit
- Finance and Financial Sector
- Government Operations and Politics
- Government paperwork
- Government publicity
- Government securities
- Independent regulatory commissions
- Insurance companies
- Law
- Licenses
- Securities
- Securities and Exchange Commission
- Securities regulation
- Statistics
Text 3
Each version as it was printed, newest first.
- —Enrolled Bill
- Sep 22, 2006Engrossed in Senate
- Sep 6, 2006Placed on Calendar Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.