NU Online News Service, June 28, 4:00 p.m.EDT

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The death of Sen. Robert Byrd, D-W.Va., early Monday has raisedthe possibility that Democrats might have difficulty in getting thefinancial services reform legislation through the Senate before theIndependence Day recess.

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A key concern is the potential loss of Sen. Scott Brown,R-Mass., a moderate who supported the bill when it passed theSenate in late May but appeared to be backing off after Democratsadded a small tax to be levied against large financial servicesfirms to pay for the bill.

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Joseph Lieber, who covers Congress for Washington Analysis, afirm which advises institutional investors, said, "There is a goodpossibility that they might have to wait until after the July 4threcess to get this done."

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First, he said, the Democratic Senate leadership has to waituntil after Sen. Byrd's funeral for West Virginia Gov. Joe Manchin,a Democrat, to appoint a successor.

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Moreover, Sen. Brown is wavering in his support for the bill,and Sen. Charles Grassley, R-Iowa, "is also voicing concerns," Mr.Lieber said.

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"If they can't get Sen. Russ Feingold, D-Wis., and Sen. MariaCantwell, D-Wash., to switch from their previous 'no' vote, thereis also the possibility they could be forced to open up theconference to make changes," Mr. Lieber said.

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At the same time, an insurance lobbyist said, "There appeared tobe no panic by Democrats over the death of Sen. Byrd. [Sen.Cantwell] opposes the bill because she doesn't think it is strongenough, but she won't let it fail on the Senate floor."

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And Regan Lachapelle, deputy communications director for Sen.Harry Reid, D-Nev., Senate majority leader, said, "We will awaitaction by the House, but it is still possible that we will considerthe conference report this week."

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Sen. Brown issued a statement Friday voicing concern about alast-minute decision of conferees to the bill to add a provisionthat imposed a tax on financial institutions, including insurers,with assets of more than $50 billion over the next five years inorder to pay for the $19 billion the Congressional Budget Officeestimated the legislation would cost.

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"I was surprised and extremely disappointed to hear that $19billion in new assessments and fees were added in the wee hours ofthe morning by the conference committee," Sen. Brown said.

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"While I'm still reviewing the bill's details, these provisionswere not in the Senate version of the bill which I previouslysupported," he added.

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"My fear is that these costs would be passed onto consumers inthe form of higher bank, ATM and credit card fees and put a strainon lending at the worst possible time for our economy," Sen. Brownsaid.

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But Jeffrey Schuman, an analyst with Keefe, Bruyette and Woods,in Hartford, discounted the impact of the tax.

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He said the assessment will start no later than late 2012 andwill be spread over four years. He said that assuming a tax ofroughly 4 basis points a year, he sees a "modest impact" onearnings for insurance companies.

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