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Uniform Treatment of NRSROs Act (Cong. Rec., Sept. 21, 2020)

Summary

Page H4602 of the House section of the Congressional Record for September 21, 2020, from debate on H.R. 5322, the Uniform Treatment of NRSROs Act. A speaker thanks the Chairwoman and Ranking Member and urges support, saying the Federal Reserve's lending facilities required ratings from a specific category of credit rating agencies, an obstacle for issuers that was not Congress's intent and that opening up eligible agencies helps small and mid-sized businesses reach capital markets, which is that speaker's view. Bill text requires disclosure of the reasoning for an exclusion and a GAO study, and a statement cites a Treasury strategy on terrorist and illicit finance.

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Cite this document

“Uniform Treatment of NRSROs Act (Cong. Rec., Sept. 21, 2020).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-09-21-crec-2020-09-21-pt1-pgh4602-fb1465f4ef/, SHA-256 ff9949a5d1bc8368811efd5d5fa0da215ebe6c891dbffce7c0b0cc1f69ff7387.

Full text

                                            H4602                                             CONGRESSIONAL RECORD — HOUSE                                                   September 21, 2020
                                            WATERS      and     Ranking      Member                 from the application of paragraph (1) pursu-           rating be issued by a specific credit
                                            MCHENRY and the other members of the                    ant to subparagraph (A), the Secretary or              rating agency or has required that the
                                            committee.                                              Board of Governors, as applicable, shall, as           rating be from a specific category of
                                                                                                    soon as practicable after such exclusion, dis-         NRSROs, such as the so-called major
                                              Mr. Speaker, I urge Members to sup-
                                                                                                    close to the public the reasoning for such ex-
                                            port H.R. 5322, and I yield back the bal-               clusion.
                                                                                                                                                           NRSROs.
                                            ance of my time.                                          ‘‘(3) NATIONALLY RECOGNIZED STATISTICAL
                                                                                                                                                             Often, these categories are self-cre-
                                              The SPEAKER pro tempore. The                          RATING ORGANIZATION.—In this subsection,               ated by the Federal Reserve and have
                                            question is on the motion offered by                    the term ‘nationally recognized statistical            been undefined and unclear to issuers.
                                            the gentleman from California (Mr.                      rating organization’ has the meaning given             These requirements act as an obstacle
                                            SHERMAN) that the House suspend the                     that term under section 3 of the Securities            between issuers and these lending fa-
                                            rules and pass the bill, H.R. 5322, as                  Exchange Act of 1934 (15 U.S.C. 78c).’’.               cilities. This clearly was not Congress’
                                                                                                      (b) GAO STUDY.—                                      intent, as it goes against Dodd-Frank,
                                            amended.
                                                                                                      (1) STUDY.—The Comptroller General of the            which mandates that we foster com-
                                              The question was taken; and (two-                     United States shall carry out a study on—
                                            thirds being in the affirmative) the                                                                           petition among NRSROs rather than
                                                                                                      (A) the quality of credit ratings across na-
                                            rules were suspended and the bill, as                                                                          trying to make sure that companies
                                                                                                    tionally recognized statistical ratings orga-
                                            amended, was passed.                                    nizations (as defined under section 3 of the           rely only on an oligarchy of three
                                              A motion to reconsider was laid on                    Securities Exchange Act of 1934), including            NRSROs.
                                            the table.                                              during the 2008 economic crisis;                         As chair of the Subcommittee on In-
                                                                                                      (B) the effect of competition on the quality         vestor Protection, Entrepreneurship,
                                                             f                                                                                             and Capital Markets, I am quite famil-
                                                                                                    of credit ratings and on the ability of small-
                                                                  b 1615                            and mid-size companies and financial insti-            iar with the work that has been done in
                                                                                                    tutions to access the capital markets; and             the last decade to end overreliance on
                                            UNIFORM TREATMENT OF NRSROS                               (C) the implementation of the amendment
                                                              ACT                                                                                          the big three credit agencies, which led
                                                                                                    made by subsection (a).                                us into the 2008 crisis. It is those big
                                              Mr. SHERMAN. Mr. Speaker, I move                        (2) REPORT.—Not later than one year after            three that gave AAA ratings to Alt-A
                                            to suspend the rules and pass the bill                  the date of enactment of this Act, the Comp-
                                                                                                    troller General shall issue a report to the
                                                                                                                                                           lendings, which I believe is what
                                            (H.R. 6934) to amend the CARES Act to                                                                          caused the 2008 crisis.
                                                                                                    Congress containing all finding and deter-
                                            require the uniform treatment of na-                    minations made in carrying out the study re-             Decisions by the Fed and Treasury
                                            tionally recognized statistical rating                  quired under paragraph (1).                            with respect to many lending facilities
                                            organizations under certain programs                                                                           have threatened to undo our work to
                                                                                                      The SPEAKER pro tempore. Pursu-
                                            carried out in response to the COVID–                                                                          try to diversify the availability of dif-
                                                                                                    ant to the rule, the gentleman from
                                            19 emergency, and for other purposes,                                                                          ferent NRSROs.
                                                                                                    California (Mr. SHERMAN) and the gen-                    H.R. 6934, which is limited to facili-
                                            as amended.
                                                                                                    tleman from South Carolina (Mr.                        ties which have been stood up in re-
                                              The Clerk read the title of the bill.
                                                                                                    TIMMONS) each will control 20 minutes.                 sponse to the COVID–19 pandemic, will
                                              The text of the bill is as follows:
                                                                                                      The Chair recognizes the gentleman                   set clear credit rating standards for
                                                                H.R. 6934                           from California.
                                              Be it enacted by the Senate and House of Rep-                                                                both the Federal Reserve and its
                                                                                                                      GENERAL LEAVE                        issuers. It also clarifies Congress’ in-
                                            resentatives of the United States of America in
                                            Congress assembled,                                       Mr. SHERMAN. Mr. Speaker, I ask                      tent and will ensure that its legislative
                                            SECTION 1. SHORT TITLE.                                 unanimous consent that all Members                     objectives are carried out at the agen-
                                             This Act may be cited as the ‘‘Uniform                 have 5 legislative days within which to                cy level.
                                            Treatment of NRSROs Act’’.                              revise and extend their remarks on this                  Most importantly, however, the leg-
                                            SEC. 2. UNIFORM TREATMENT OF NRSROS.                    legislation and to insert extraneous                   islation will result in more issuers hav-
                                              (a) IN GENERAL.—Section 4003 of          the          material thereon.                                      ing access to these lending facilities,
                                            CARES Act (15 U.S.C. 9042), as amended by                 The SPEAKER pro tempore. Is there                    an important objective during this pan-
                                            section 902, is further amended by adding at            objection to the request of the gen-                   demic and economic downturn, while it
                                            the end the following:                                  tleman from California?                                will still ensure that there are stand-
                                              ‘‘(m) UNIFORM TREATMENT OF NRSROS.—                     There was no objection.                              ards in effect that will adequately pro-
                                              ‘‘(1) IN GENERAL.—If, in carrying out this              Mr. SHERMAN. Mr. Speaker, I yield                    tect the facility and the interests of
                                            section or any other program making use of                                                                     the taxpayer.
                                                                                                    myself as much time as I may con-
                                            a facility established under section 13(3) of                                                                    Mr. Speaker, I greatly appreciate
                                            the Federal Reserve Act in response to the              sume.
                                            COVID–19 emergency, the Secretary of the                  Mr. Speaker, I rise in support of H.R.               Congresswoman DEAN’s leadership in
                                            Treasury or the Board of Governors of the               6934, the Uniform Treatment of                         bringing forth this important legisla-
                                            Federal Reserve System establishes a re-                NRSROs, which is sponsored by Con-                     tion, and I reserve the balance of my
                                            quirement for an entity, security, or other             gresswoman DEAN from Pennsylvania.                     time.
                                            instrument to carry a minimum credit rat-                 This important legislation from Con-                   Mr. TIMMONS. Mr. Speaker, I yield
                                            ing, the Secretary or the Board of Governors            gresswoman DEAN will ensure that                       myself such time as I may consume.
                                            shall accept credit ratings provided by any             qualified issuers have fair access to                    Mr. Speaker, I would like to thank
                                            nationally recognized statistical rating orga-
                                                                                                    lending facilities, and it will ensure                 the gentlewoman from Pennsylvania
                                            nization with respect to such entity, secu-                                                                    (Ms. DEAN) for introducing this bipar-
                                            rity, or other instrument, if the nationally            that these facilities are granted on
                                                                                                                                                           tisan bill.
                                            recognized statistical rating organization is           clear terms.                                             Since the early days of the pandemic,
                                            registered with the Securities and Exchange               This is not a time where agencies                    the Federal Reserve has acted swiftly
                                            Commission to issue credit ratings with re-             such as the Federal Reserve should just                to ensure liquidity is available to com-
                                            spect to the applicable asset class of the en-          make it up as they go along, especially
                                            tity, security, or other instrument.                                                                           panies of all sizes across the country.
                                                                                                    when these policies disproportionately                 The emergency facilities support busi-
                                              ‘‘(2) EXCEPTION.—                                     harm small and mid-sized companies.
                                              ‘‘(A) IN GENERAL.—The Secretary or the                                                                       nesses and, in turn, their workers and
                                            Board of Governors may exclude a nationally
                                                                                                    Thus, my colleague, Ms. DEAN, intro-                   customers.
                                            recognized statistical rating organization              duced, and I was pleased to cosponsor,                   The committee has continually
                                            from the application of paragraph (1) if, in            legislation to provide clarity in the                  called for a broad-based approach to
                                            consultation with the Securities and Ex-                lending process by ensuring that na-                   aid our businesses and communities
                                            change Commission, the Secretary or Board               tionally recognized statistical rating                 throughout this economic crisis. H.R.
                                            of Governors, as applicable, determines that            organizations, also referred to as                     6934 simply encourages the Federal Re-
                                            the nationally recognized statistical rating            NRSROs, are treated uniformly.                         serve to include companies that have




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                                            organization is unable to provide reliable                More specifically, the Federal Re-
                                            and accurate ratings for a particular asset
                                                                                                                                                           credit ratings from all SEC-registered
                                                                                                    serve and Treasury often require a                     and supervised NRSROs as participants
                                            class and that such exclusion is in the public
                                            interest.                                               credit rating to apply for participation               in its emergency facilities.
                                              ‘‘(B) REPORT.—If the Secretary or the                 in a lending facility. When there is                     Though the Federal Reserve revised
                                            Board of Governors excludes a nationally                such a requirement, the Federal Re-                    some of the requirements for compa-
                                            recognized statistical rating organization              serve has, at times, required that the                 nies with credit ratings from smaller



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                                            September 21, 2020                                CONGRESSIONAL RECORD — HOUSE                                                                      H4603
                                            NRSROs, there are still companies left                  cess, transparency, and healthy com-                   Financing’’ concludes, ‘‘While money laun-
                                            on the sidelines. This bill will ensure                 petition, without compromising qual-                   dering, terrorism financing, and WMD pro-
                                            small and mid-sized businesses have ac-                 ity, at a time when it is needed most.                 liferation financing differ qualitatively and
                                                                                                                                                           quantitatively, the illicit actors engaging in
                                            cess to the facilities that provide nec-                  Mr. Speaker, I thank Chairwoman                      these activities can exploit the same
                                            essary support.                                         WATERS, the Financial Services Com-                    vulnerabilities and financial channels.’’.
                                              An open and transparent process is                    mittee staff, and, importantly, my Re-                    (3) Among those are bad actors engaged in
                                            essential to the success of the emer-                   publican colead, Representative ANDY                   trafficking, whether they trade in drugs,
                                            gency facilities. This bill supports that               BARR, for their work on this legislation               arms, cultural property, wildlife, natural re-
                                            process.                                                to help struggling businesses get the                  sources, counterfeit goods, organs, or, even,
                                              Mr. Speaker, I urge my colleagues to                  capital they need.                                     other humans.
                                            support the bill, and I reserve the bal-                                                                          (4) Their illegal (or ‘‘dark’’) markets use
                                                                                                      Mr. Speaker, I urge my colleagues to
                                                                                                                                                           similar and sometimes related or overlap-
                                            ance of my time.                                        support this legislation.                              ping methods and means to acquire, move,
                                              Mr. SHERMAN. Mr. Speaker, I yield                       Mr. TIMMONS. Mr. Speaker, I am                       and profit from their crimes.
                                            3 minutes to the gentlewoman from                       prepared to close.                                        (5) In a March 2017, report from Global Fi-
                                            Pennsylvania (Ms. DEAN), the author of                    I would simply urge my colleagues to                 nancial Integrity, ‘‘Transnational Crime and
                                            this legislation.                                       support H.R. 6934, and I yield back the                the Developing World’’, the global business
                                              Ms. DEAN. Mr. Speaker, I thank my                     balance of my time.                                    of transnational crime was valued at $1.6
                                            colleague and friend and chair for                        Mr. SHERMAN. Mr. Speaker, I yield                    trillion to $2.2 trillion annually, resulting in
                                            yielding, and I thank my colleague on                   myself the balance of my time.                         crime, violence, terrorism, instability, cor-
                                            the other side of the aisle for his sup-                                                                       ruption, and lost tax revenues worldwide.
                                                                                                      Mr. Speaker, I again would like to
                                                                                                                                                           SEC. 3. GAO STUDY.
                                            port for this bill.                                     thank my colleague from Pennsylvania                     (a) STUDY.—The Comptroller General of
                                              Mr. Speaker, I rise in support of H.R.                (Ms. DEAN) for introducing, supporting,                the United States shall carry out a study
                                            6934, the Uniform Treatment of                          and, in effect, passing this legislation               on—
                                            NRSROs Act.                                             here today. It will help qualified                       (1) the major trafficking routes used by
                                              NRSROs are nationally recognized                      issuers have access to lending facili-                 transnational criminal organizations, terror-
                                            statistical rating agencies. This is a bi-              ties; it will ensure that that access to               ists, and others, and to what extent the traf-
                                            partisan bill that addresses businesses’                facilities is granted on terms that are                ficking routes for people (including chil-
                                            need for greater access to Federal lend-                                                                       dren), drugs, weapons, cash, child sexual ex-
                                                                                                    clear; and it will ensure that Congress’
                                                                                                                                                           ploitation materials, or other illicit goods
                                            ing facilities in the time of COVID and                 legislative intent is carried out and is               are similar, related, or cooperative;
                                            a uniform treatment of credit rating                    consistent with the policy of Congress                   (2) commonly used methods to launder and
                                            agencies in the application process for                 that we have focused on in the Investor                move the proceeds of trafficking;
                                            these much-needed loans.                                Protection, Entrepreneurship, and Cap-                   (3) the types of suspicious financial activ-
                                              In response to the economic crisis re-                ital Markets Subcommittee to make                      ity that are associated with illicit traf-
                                            sulting from the COVID–19 pandemic,                     sure that we are not overly reliant on                 ficking networks, and how financial institu-
                                            several lending facilities have been cre-               just three credit rating agencies.                     tions identify and report such activity;
                                            ated to assist struggling businesses at                                                                          (4) the nexus between the identities and fi-
                                                                                                      Mr. Speaker, I yield back the balance
                                            this difficult time. The Federal Re-                                                                           nances of trafficked persons and fraud;
                                                                                                    of my time.                                              (5) the tools, guidance, training, partner-
                                            serve and Treasury, however, have lim-                    The SPEAKER pro tempore. The                         ships, supervision, or other mechanisms that
                                            ited access to these facilities to busi-                question is on the motion offered by                   Federal agencies, including the Department
                                            nesses whose assets have been rated by                  the gentleman from California (Mr.                     of the Treasury’s Financial Crimes Enforce-
                                            only a select few credit rating agen-                   SHERMAN) that the House suspend the                    ment Network, the Federal financial regu-
                                            cies, making it unnecessarily difficult                 rules and pass the bill, H.R. 6934, as                 lators, and law enforcement, provide to help
                                            for many businesses to access much-                     amended.                                               financial institutions identify techniques
                                            needed resources.                                         The question was taken; and (two-                    and patterns of transactions that may in-
                                              In Pennsylvania alone, several small                                                                         volve the proceeds of trafficking;
                                                                                                    thirds being in the affirmative) the                     (6) what steps financial institutions are
                                            and mid-sized companies as well as mu-                  rules were suspended and the bill, as                  taking to detect and prevent bad actors who
                                            nicipal bond issuers have been excluded                 amended, was passed.                                   are laundering the proceeds of illicit traf-
                                            from the facilities or have their ratings                 A motion to reconsider was laid on                   ficking, including data analysis, policies,
                                            from nonapproved rating agencies                        the table.                                             training procedures, rules, and guidance;
                                            called into question by the market.                                       f                                      (7) what role gatekeepers, such as lawyers,
                                              This legislation seeks to remove                                                                             notaries, accountants, investment advisors,
                                            these barriers by amending the CARES                    STOPPING TRAFFICKING, ILLICIT                          logistics agents, and trust and company
                                            Act to require that the Federal Reserve                   FLOWS, LAUNDERING, AND EX-                           service providers, play in facilitating traf-
                                                                                                      PLOITATION ACT OF 2020                               ficking networks and the laundering of il-
                                            and Treasury accept ratings from any
                                                                                                                                                           licit proceeds; and
                                            nationally recognized statistical rating                  Mr. SHERMAN. Mr. Speaker, I move                       (8) the role that emerging technologies, in-
                                            organization, or NRSRO. This would                      to suspend the rules and pass the bill                 cluding artificial intelligence, digital iden-
                                            have the effect of opening up access to                 (H.R. 7592) to require the Comptroller                 tity technologies, blockchain technologies,
                                            the facilities to issuers with a rating                 General of the United States to carry                  virtual assets, and related exchanges and on-
                                            from any duly recognized NRSRO that                     out a study on trafficking, and for                    line marketplaces, and other innovative
                                            has been approved in the relevant asset                 other purposes.                                        technologies, can play in both assisting with
                                            class by the SEC.                                         The Clerk read the title of the bill.                and potentially enabling the laundering of
                                              This legislation would also require                                                                          proceeds from trafficking.
                                                                                                      The text of the bill is as follows:                    (b) CONSULTATION.—In carrying out the
                                            the Comptroller General to issue, with-                                     H.R. 7592                          study required under subsection (a), the
                                            in 1 year of enactment, a study on the                    Be it enacted by the Senate and House of Rep-        Comptroller General shall solicit feedback
                                            quality of credit rating agencies across                resentatives of the United States of America in        and perspectives to the extent practicable
                                            NRSROs, including during the 2008 cri-                  Congress assembled,                                    from survivor and victim advocacy organiza-
                                            sis. The study would also explore the                   SECTION 1. SHORT TITLE.                                tions, law enforcement, research organiza-
                                            effect of competition on the quality of                  This Act may be cited as the ‘‘Stopping               tions, private-sector organizations (includ-
                                                                                                    Trafficking, Illicit Flows, Laundering, and            ing financial institutions and data and tech-
                                            credit ratings and on the ability of                                                                           nology companies), and any other organiza-
                                            small and mid-sized companies and fi-                   Exploitation Act of 2020’’ or the ‘‘STIFLE
                                                                                                                                                           tion or entity that the Comptroller General
                                            nancial institutions to access the cap-                 Act of 2020’’.
                                                                                                                                                           determines appropriate.
                                                                                                    SEC. 2. FINDINGS.                                        (c) REPORT.—The Comptroller General
                                            ital markets.




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                                              At a time of unprecedented economic                     The Congress finds the following:                    shall issue one or more reports to the Con-
                                                                                                      (1) Trafficking is a national-security               gress containing the results of the study re-
                                            uncertainty, we need to make sure that
                                                                                                    threat and an economic drain of our re-                quired under subsection (a). The first report
                                            small and mid-sized businesses have ac-                 sources.                                               shall be issued not later than the end of the
                                            cess to capital markets needed to sur-                    (2) As the U.S. Department of the Treas-             15-month period beginning on the date of the
                                            vive and recover. By expanding eligible                 ury’s recently released ‘‘2020 National Strat-         enactment of this Act. The reports shall con-
                                            NRSROs, this legislation opens up ac-                   egy for Combating Terrorist and Other Illicit          tain—




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