Sec. 2. Uniform treatment of NRSROs
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Section 4003 of the CARES Act ( 15 U.S.C. 9042 ), as amended by section 902, is further amended by adding at the end the following: If, in carrying out this section or any other program making use of a facility established under section 13(3) of the Federal Reserve Act in response to the COVID–19 emergency, the Secretary of the Treasury or the Board of Governors of the Federal Reserve System establishes a requirement for an entity, security, or other instrument to carry a minimum credit rating, the Secretary or the Board of Governors shall accept credit ratings provided by any nationally recognized statistical rating organization with respect to such entity, security, or other instrument, if the nationally recognized statistical rating organization is registered with the Securities and Exchange Commission to issue credit ratings with respect to the applicable asset class of the entity, security, or other instrument.
The Secretary or the Board of Governors may exclude a nationally recognized statistical rating organization from the application of paragraph
(1)if, in consultation with the Securities and Exchange Commission, the Secretary or Board of Governors, as applicable, determines that the nationally recognized statistical rating organization is unable to provide reliable and accurate ratings for a particular asset class and that such exclusion is in the public interest. If the Secretary or the Board of Governors excludes a nationally recognized statistical rating organization from the application of paragraph
(1)pursuant to subparagraph (A), the Secretary or Board of Governors, as applicable, shall, as soon as practicable after such exclusion, disclose to the public the reasoning for such exclusion. In this subsection, the term nationally recognized statistical rating organization has the meaning given that term under section 3 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c ). . The Comptroller General of the United States shall carry out a study on— the quality of credit ratings across nationally recognized statistical ratings organizations (as defined under section 3 of the Securities Exchange Act of 1934), including during the 2008 economic crisis; the effect of competition on the quality of credit ratings and on the ability of small- and mid-size companies and financial institutions to access the capital markets; and the implementation of the amendment made by subsection (a). Not later than one year after the date of enactment of this Act, the Comptroller General shall issue a report to the Congress containing all finding and determinations made in carrying out the study required under paragraph (1).
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