With the Senate passing its financial reform legislation last week, we appear to be in the final stretch of reaching a final bill. So exactly where do we go from here and how will affect the fiduciary standard? Members of the Senate and House will now participate in a conference committee to reconcile differences between the House's Wall Street Reform and Consumer Protection Act (H.R. 4173) and the Senate's Restoring American Financial Stability Act (S.3217). Once the committee completes its work, it will submit a conference report to both the House and Senate, which both must approve the report for the reconciled bill to become law.
The conference committee is expected to start its work in June and to take about a month to resolve outstanding differences. Many lawmakers are predicting a bill will be ready for President Obama's signature before the July 4th holiday. Congressman Barney Frank (D-MA) and Senator Christopher Dodd (D-CT), the chairs of the House Financial Services Committee and Senate Banking Committee, respectively, will lead the conference committee. Yesterday, the Senate appointed eleven other members to the conference committee, all whom come from the Senate Banking and Agricultural Committees. House Speaker Nancy Pelosi (D-CA) is expected to name the House appointees to the conference committee within the first two weeks of June.
In the meantime, Congressional staff will be working behind the scenes to reconcile minor differences between the bills and identify a list of key issues for the conference committee to resolve. With House members of the committee still to be named, much of the heavy lifting with regard to negotiations is expected to take place throughout mid to late June.
For those closely watching the fiduciary standard and how it will be addressed in financial regulatory reform legislation, let's be clear, this has not been one of the big ticket items receiving Congress' attention. There are bigger issues, such as derivatives regulation, a proposed consumer protection agency, and the so-called Volcker rule, that will occupy most of Frank's and Dodd's time as they navigate the negotiations of the committee. With that said, the conference committee still marks a critical period for the fiduciary standard and its possible extension to broker-dealers who provide investment advice.
We are now down to two final provisions that address the fiduciary standard in markedly different ways. The Senate's bill would require the SEC to complete a study and report back to Congress on the effectiveness of investment adviser and broker-dealer regulation, including the fiduciary and suitability standards under which they operate, and whether there are differences or gaps that should be addressed through legislation or regulatory rulemaking. It remains unclear, however, how much authority the SEC would have to engage in rulemaking after it completes the study. The House bill, on the other hand, provides clear authority for the SEC to act upon adoption of legislation to extend the fiduciary standard to broker-dealers who provide investment advice.
The question remains whether the Senate version or House version will prevail in final legislation. Congressman Frank has suggested he will seek to maintain strong investor and consumer protections in a final bill, but with larger issues looming, the fiduciary standard could be a chip that is bargained away in order to reach consensus on more controversial issues. All would not necessarily be lost, though. Even if the Senate's provision prevails, it at least means the fiduciary standard stays in the spotlight while the SEC studies and reports on it. Moreover, as I've mentioned in the past, the SEC Investor Advisory Committee and SEC staff remain focused on the fiduciary standard and ways the SEC can adopt fiduciary-like measures, such as improved disclosure rules.
And finally, there is an even greater benefit that professionals need to capitalize on now and moving forward. The fiduciary standard has received a great deal of attention from legislators and regulators over the past year and has been increasingly covered by both the trade and popular media. Mercer Bullard summed up the potential impact of this coverage at the fi360 conference just a few weeks ago when he noted that professionals need take advantage of the current legislative environment and related press to inform the public and investors and prevent any possible dilution of the fiduciary standard.
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