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1 (July 13, 2006)

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                                                                Order Code RS22215
                                                                Updated July 13, 2006



 CRS Report for Congress

               Received through the CRS Web




     Credit Rating Agencies: Current Federal
     Oversight and Congressional Concerns

                          Michael V. Seitzinger
                          Legislative Attorney
                          American Law Division

Summary


     Credit rating agencies rate the creditworthiness of public companies so that the
 public will have an objective opinion as to the risk of investment. These ratings have
 become an important component of the financial reputation of a rated company.
 However, especially since the bankruptcies of Enron and WorldCom, whose debt had
 been rated investment grade, there has been concern that perhaps credit rating agencies
 should be regulated. Section 702 of the Sarbanes-Oxley Act of 2002 required the
 Securities and Exchange Commission to study the role of credit rating agencies. Over
 the years, the SEC has issued reports and proposed rules, in particular concerning
 adoption of a definition for the term nationally recognized statistical rating
 organization, but no statutory or regulatory requirements have been enacted or issued.
 Congress may, however, continue to pursue the issue of regulation, since hearings have
 been held on the issue and proposed legislation has been introduced. On June 14, 2006,
 the House Committee on Financial Services approved an amended version of H.R. 2990,
 the Credit Rating Agency Duopoly Relief Act of 2006, which would set out procedures
 for registration by a credit rating agency with the SEC in order to be treated as a
 nationally recognized statistical rating organization. On July 12, 2006, the House passed
 H.R. 2990 in a version almost identical to the one approved by the Committee on
 Financial Services. This report will be updated as needed.


    Credit rating agencies rate the creditworthiness of public companies and the debts
of those companies so that a potential creditor or investor will have a presumably
professional, objective opinion as to the likely risk of any investment in a particular
company. These ratings have become an important component of the financial reputation
of a rated company.

         Ratings have taken on great significance in the market, with investors trusting
         that a good credit rating reflects the results of a careful, unbiased and accurate
         assessment by the credit rating agencies of the rated company....


Congressional Research Service + The Library of Congress

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