Financial Reform Watch : Financial Services News & Information : Blank Rome Government Relations Lobbying Firm : Government Relations, Corporate Governance : Financial Reform Watch Law Blog

In the eyes of Senate Democratic Leadership, the writing is on the wall. A recent poll shows that nearly two-thirds of Americans support reforms to the financial industry and a majority of those voters trust President Obama over Republicans in getting the job done. And now, following a series of tactical maneuvers this week that forced Senate Republicans into voting not once, twice, but three times against moving forward with the debate on financial regulatory reform, Senate Majority Leader Harry Reid’s (D-NV) next play appears simple: ride the populist wave against Wall Street all the way to November.

Beginning next week, the Senate will begin formally debating and considering amendments to the Restoring American Financial Stability Act of 2010 (S.3217)—a process likely to consume at least two weeks of floor time. Reid’s announced timeline of Memorial Day for completion of S.3217, coupled with President Obama’s new goal of September for the signing of a final bill, provide a clear indication that Democrats are looking to financial reform as a signature issue in the 2010 elections.

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Fresh off a newly-brokered compromise between Senate Banking Committee Chairman Christopher Dodd (D-CT) and Ranking Member Richard Shelby (R-AL), Senate leaders announced this evening that both sides have unanimously agreed to begin debating the Restoring American Financial Stability Act of 2010 (S.3217) – officially putting an end to nearly three days of legislative stalemate.

Although details of the Dodd-Shelby compromise language – which reportedly only changes provisions related to eliminating taxpayer bailouts of large and interconnected financial institutions -- have yet to be unveiled, a senior GOP aide said it amounted to “huge concessions” by the Democrats, and ultimately led to the Republicans' final decision to move debate on the broader legislation forward. The Senate made progress tonight in spite of the fact that two other major areas of contention -- derivative regulation and the powers of a newly-created Consumer Financial Protection Bureau (CFPB) -- remain unresolved.

Beginning on Thursday, the amendment process will kickoff with the consideration of a Dodd-Lincoln substitute amendment.  Particular attention will be paid to the derivative language, especially whether or not a broader exemption should be provided for "end-users " and also whether or not banks will be forced to spin-off or “wall off” their swaps operations -- a proposal that is currently opposed by Republicans, the Federal Reserve, a few Democrats (including New York Senator Kirsten Gillibrand and Virginia's Mark Warner), and even some in the Obama Treasury Department.

Both Republicans and Democrats are expected to introduce a laundry list of amendments in what Senate Democratic leadership pledges will be an open process.
 

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The Senate Democratic leadership asked for the same vote – and they got the same result. Once again, Sen. Ben Nelson (D-NE) joined a unified GOP this afternoon in opposing a motion to begin debating the Restoring American Financial Stability Act of 2010 (S.3217).

 Despite the repeat vote of 57-41, Senate Majority Leader Harry Reid’s (D-NV) strategy of continually putting the GOP on record -- ostensibly as opponents of financial reform legislation -- conveniently coincides with the investigation of a major Wall Street player. This morning, executives at Goldman Sachs received an earful from lawmakers on the Senate Permanent Subcommittee on Investigations who are currently probing Goldman’s trading practices related to toxic mortgage securities.

 Directly following the vote, Senate Banking Committee Chairman Christopher Dodd (D-CT) and Ranking Member Richard Shelby (R-AL) met at 5 p.m. to continue their negotiations on the divisive areas of the overhaul legislation that continue to stall progress, including new language regulating the derivatives market that has been agreed to by Chairman Dodd and Senate Agriculture Committee Chairwoman Blanche Lincoln (D-AR), along with a $50 billion “Orderly Liquidation Fund” that Democrats say is intended to eliminate the concept of “too big to fail.”

If today feels like Déjà Vu, maybe tomorrow will feel like Groundhog Day, as Senate Majority Leader Harry Reid (D-NV) has already filed a cloture motion that could set up a third vote on Wednesday. Unless a deal is struck by Dodd and Shelby in the next 24 hours, we expect more of the same.
 

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Less than 24 hours after the Senate failed to secure the necessary 60 votes to begin debating financial regulatory reform legislation—and after the electorate woke up to newspaper headlines reading “Financial Overhaul Blocked by GOP” and “Filibuster Stalls Financial Reform Bill”—Senate Majority Leader Harry Reid (D-NV) has announced plans to do it all over again.

At 4:30 p.m. today, the Senate will once again vote on a motion to begin debate on the Restoring American Financial Stability Act of 2010 (S.3217). Although there are currently no indications that the results will be any different—as Senate Banking Committee Chairman Christopher Dodd (D-CT) and Ranking Member Richard Shelby (R-AL) have yet to agree on a bill that both sides find acceptable—the Senate Democratic leadership is continuing a strategy that aims to portray Republicans as road blocks to Wall Street reform. Appearing determined to turn up the political heat, Reid has also taken steps to set up another vote on Wednesday if necessary.

Stay tuned for the results.

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Tonight the Senate Democratic leadership was unable to get the 60 votes necessary to advance comprehensive financial regulatory reform legislation (S. 3217). The motion to proceed to the bill failed by a vote of 57-41. Sen. Ben Nelson (D-NE) was the lone Democrat to vote with the united Republicans. Senate Banking Committee Chairman Chris Dodd (D-CT) and Ranking Minority Member Richard Shelby (R-AL) continue to work behind the scenes toward a compromise package that could attract more than 60 votes. At the same time, Senate Republicans are rumored to be drafting a Republican alternative to the Banking Committee-passed bill. Senate Majority Leader Harry Reid (D-NV) can move to reconsider tonight's vote -- i.e. a do-over -- at any time, but he is not likely to do that until he has secured at least 60 votes.
 

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As predicted by Financial Reform Watch last night, Senate Majority Harry Reid filed cloture today on the motion to proceed to Sen. Dodd’s financial regulatory reform bill (S. 3217). The Senate will vote at 5 p.m. on Monday night whether or not to begin debate on the legislation. If at least sixty Senators—all 59 Democrats plus one Republican—vote yes, then the Senate will begin full consideration of financial reform starting on Tuesday. The debate on the Senate floor could take up to two weeks.

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Today the Senate Agriculture Committee, led by Chairman Blanche Lincoln (D-AR), completed its work on the over-the-counter derivatives section of financial regulatory reform. By a vote of 13 to 8, the committee adopted the Wall Street Transparency and Accountability Act. Sen. Charles Grassley (R-IA) was the only Republican to join the committee Democrats in voting for the bill.

The Senate is set to vote to end the filibuster on the Senate Banking Committee bill next Monday evening, which would allow Banking Chairman Chris Dodd (D-CT) to bring the legislation to the floor next Tuesday, April 27. The Monday night vote is dependent on getting at least one Republican to break ranks and vote for cloture, which would end the delay. No one knows which Republican will cave, but some likely candidates are the moderate Senators from the Northeast: Olympia Snowe (R-ME), Susan Collins (R-ME), or Scott Brown (R-MA).

We expect Sen. Dodd to incorporate Lincoln’s Wall Street Transparency and Accountability Act into the financial reform package he brings to the floor. Following are a few shorthand highlights of the Lincoln bill, but click here for the Senate Agriculture Committee’s more extensive summary and the most up to date bill language.

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Following financial regulatory reform's path in the Senate may require a scorecard. This coming Monday, Senate Banking Committee Chairman Chris Dodd (D-CT) plans to file his committee's report on the legislation it adopted before the spring recess. Sen. Majority Leader Harry Reid (D-NV) announced that the Senate will begin floor debate on the bill starting next week. Meanwhile, Senate Agriculture Committee Chairman Blanche Lincoln (D-AR) today unveiled her much anticipated derivatives bill, which her committee will markup next week. Reportedly, the current Lincoln bill does not reflect the negotiations she has been having with her Republican counterparts, and the legislation is likely to change significantly during next week's markup. Of course, the Agriculture Committee markup could end up like the Banking Committee markup with no amendments and a party line vote. It is too early to predict, but President Obama's threat today -- that he would "veto legislation that does not bring the derivatives market under control" -- signals that the White House is not looking to compromise.

Earlier today, it looked like Democrats would have been able to entice at least one Republican to help them break a possible filibuster next week. By this afternoon though, all 41 Republican Senators sent a unified letter to Reid opposing the Banking Committee bill and asking for support for the bipartisan negotiations several Senators have continued conducting.

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