Posts Tagged ‘ Mark Warner ’

Sperling on “Deferred Maintenance”

Friday, October 7th, 2011
Will Marshall



Will Marshall is the president of the Progressive Policy Institute.

Scott Thomasson



Scott Thomasson is the economic and domestic policy director for the Progressive Policy Institute. Follow @st_ppi

by Will Marshall and Scott Thomasson

Gene SperlingPresident Obama’s $447 billion jobs plan includes some constructive – literally – provisions for upgrading America’s economic infrastructure. These shouldn’t be controversial: Who could be against putting people to work rebuilding the rickety foundations of U.S. productivity and competitiveness?

Well, Republicans, that’s who. They have dismissed the president’s call for $50 billion in new infrastructure spending as nothing more than another jolt of fiscal “stimulus” masquerading as investment.

It’s hard to imagine a more myopic example of the right’s determination to impose premature austerity on our frail economy. From Lincoln to Teddy Roosevelt to Eisenhower, the Republicans were once a party dedicated to internal nation building. Today’s GOP is gripped by a raging anti-government fever which fails to draw elementary distinctions between consumption and investment, viewing all public spending as equally wasteful.

But as the White House’s Gene Sperling said yesterday, Republicans can’t claim credit for fiscal discipline by blocking long overdue repairs of in the nation’s transport, energy and water systems. There’s nothing fiscally responsible about “deferring maintenance” on the U.S. economy.

Sperling, chairman of the president’s National Economic Council, spoke at a PPI forum on Capitol Hill on “Infrastructure and Jobs: A Productive Foundation for Economic Growth.” Other featured speakers included Sen. Mark Warner, Rep. Rosa DeLauro, Dan DiMicco, CEO of Nucor Corporation, Daryl Dulaney, CEO of Siemens Industry and Ed Smith, CEO of Ullico Inc., a consortium of union pension funds.

Fiscal prudence means foregoing consumption of things you’d like but could do without if you can’t afford them – a cable TV package, in Sperling’s example. But if a water pipe breaks in your home, deferring maintenance can only lead to greater damage and higher repair costs down the road.

As speaker after speaker emphasized during yesterday’s forum, that’s precisely what’s happening to the U.S. economy. Thanks to a generation of underinvestment in roads, bridges, waterways, power grids, ports and railways, the United States faces a $2 trillion repair bill. Our inadequate, worn-out infrastructure costs us time and money, lowering the productivity of workers and firms, and discouraging capital investment in the U.S. economy.

Deficient infrastructure, Dulaney noted, has forced Siemens to build its own rail spurs to get goods to market. That’s something smaller companies can’t afford to do. They will go to countries – like China, India and Brazil – that are investing heavily in building world-class infrastructure.

As Nucor’s DiMicco noted, a large-scale U.S. infrastructure initiative would create lots of jobs while also abetting the revival of manufacturing in America. He urged the Obama administration to think bigger, noting that a $500 billion annual investment in infrastructure (much of the new money would come from private sources rather than government) could generate 15 million jobs.

The enormous opportunities to deploy more private capital were echoed from financial leaders in New York, including Jane Garvey, the North American chairman of Meridiam Infrastructure, a private equity fund specializing in infrastructure investment. Garvey warned that what investors need from government programs is more transparent and consistent decision making, based on clear, merit-based criteria, and noted that an independent national infrastructure bank would be the best way to achieve this. Bryan Grote, former head of the Department of Transportation’s TIFIA financing program, which many describe as a forerunner of the bank approach, added that having a dedicated staff of experts in an independent bank is the key to achieving the more rational, predictable project selection that investors need to see to view any government program as a credible partner.

Tom Osborne, the head of Americas Infrastructure at UBS Investment Bank, agreed that an independent infrastructure bank like the version proposed by Senators Kerry, Hutchison and Warner, would empower private investors to fund more projects. And contrary to arguments that a national bank would centralize more funding decisions in Washington, Osborne explained that states and local governments would also be more empowered by the bank to pursue new projects with flexible financing options, knowing that the bank will evaluate projects based on its economics, not on the politics of the next election cycle.

Adding urgency to the infrastructure push was Fed Chairman Ben Bernanke’s warning this week that the recovery is “close to faltering.” Unlike short-term stimulus spending, money invested in modernizing infrastructure would create lasting jobs by expanding our economy’s productive base.

Warning that America stands on the precipice of a “double dip” recession, Sperling said it would be “inexcusable” for Congress to fail to act on the president’s job plan. He cited estimates by independent economic experts that the plan would boost GDP growth in 2012 from 2.4 to 4.2 percent, and generate over three million more jobs.

The political battle over Obama’s jobs plan centers on how it’s paid for. Senate Democrats have proposed a surtax on millionaires. Unlike tax hikes in general, this idea is popular, and Democrats clearly hope to use it to crack the GOP’s monolithic opposition to raising taxes.

However that battle ends, Congress must salvage the plan’s infrastructure provisions, including its call for an independent infrastructure bank.

Senator Warner’s Smart Thinking on Red Tape

Monday, December 13th, 2010
Scott Thomasson



Scott Thomasson is the economic and domestic policy director for the Progressive Policy Institute. Follow @st_ppi

by Scott Thomasson

With Congress about to enact a massive new tax package that may be the last attempt we make at any kind of fiscal stimulus anytime soon, what other approaches should we be looking to for the long-term changes we need to regain our economic vitality?

In this morning’s Post, Senator Mark Warner offers an answer that makes a lot of sense in the cash-strapped, post-stimulus world we find ourselves in: cutting regulatory red tape to invigorate the private sector.  Citing both the enormous compliance costs for businesses as well as the chilling effects regulation can have on  investment and innovation, Senator Warner outlines his legislative proposal for a “regulatory pay-as-you-go” system to curb the steady increase in regulatory burdens on our economy.

Senator Warner’s proposal, which he discussed at PPI’s infrastructure forum in September, is similar to the “one-in, one-out” approach recently adopted in Britain, requiring agencies imposing new regulations to identify existing regulations with the same amount of economic impact to be eliminated.  The idea is that if we are serious about wanting to let the private sector drive economic growth through new investment and innovation, we should at least try to hold the level of regulatory burden constant, rather than expanding it without any effort whatsoever to revisit potentially outdated or poorly designed rules already in place.

PPI has argued for the same idea that our regulatory system needs to be more responsive to the needs of the economy, most notably in recent policy memos by Michael Mandel, who has proposed his own approach of countercyclical regulatory policy.  Like Warner, Mandel suggests that one of the best ways we can encourage job growth and revive our economy is to recognize that government is generally better at choking off innovation than it is at actively promoting it, so the best thing we can do is to be cautious in imposing new rules on the innovative ecosystems in our economy, like the communications sector, that are the best sources of new growth.

Senator Warner is right to model his legislation on the steps taken in the U.K., but the trick is coupling good ideas with the right political leadership to force a cultural shift in the way we think about regulating the private sector.  As Warner points out, British reforms have been years in the making, and they are the product of institutional changes based on improving collaboration and input from business to craft policies that would make Britain more globally competitive.  This effort has crystallized in the last year under the coalition government led by Prime Minister David Cameron, whose dedication to bringing a “new economic dynamism” to his country offer a pretty good lesson in leadership for President Obama to study while he writes his State of the Union speech for January.

In his excellent speech in October, Cameron laid out an actual strategy (!) for growth that included fiscal discipline, increased investments in human capital and infrastructure, a renewed focus on exports and competitive advantage, and an effort to encourage new companies and innovation to drive growth.  Putting aside differences of opinion some may have about Cameron’s fiscal austerity, one thing this speech does offer that Warner and Mandel can both love, and that White House advisors can learn from, is Cameron’s attitude about government regulation:

Successful, high-growth economies are like ecosystems –they are organic, evolve through trial and error and depend on millions, billions, of individual preferences, choices and relationships. Governments can expect to intelligently design all this as much they can expect to intelligently design the Great Barrier Reef.  But what they can do is create an environment in which businesses are confident enough to invest. . . . If we are to get back to strong growth, these profits need to turn into productive investment – and my message to you today is that we are providing the stability for that investment.

PPI strongly supports Senator Warner’s pay-as-you-go proposal as a long overdue approach to modernizing our regulatory system.  Both Warner’s proposal and Mandel’s countercyclical regulatory approach are helpful starting points for a discussion about how to make institutional changes that create a consistent method of scrubbing stale and ineffective regulations out of the system to make way for new rules better tailored to today’s economy.

PPI has supported a number of structural reform proposals to our regulatory system, like creating a review board that periodically submits a list of regulations for repeal to Congress for an up-or-down vote, much like the BRAC base-closure process.  We have also recommended that OMB conduct “innovation impact studies” for new agency rules to measure the regulatory footprint imposed on innovative ecosystems in the economy, the same way we conduct environmental impact studies.  OMB’s Office of Information and Regulatory Affairs (OIRA) would be a natural fit to take charge of such an effort, not only because of its institutional competence in reviewing agency rules, but also because its current Administrator, Cass Sunstein, could seek advice from his friend and co-author of Nudge, Richard Thaler, who serves as a lead advisor to the British government in its regulatory reform efforts.

As usual, Warner brings an invaluable perspective and fresh thinking to the Senate, and Democrats would be smart to showcase his creative thinking the same way Republicans thrust younger members like Paul Ryan into the spotlight.

Senator Warner is right to propose this regulatory PAYGO legislation as a means to boost our economy when our other options for doing so effectively are starting to run thin.  Pointing across the pond for an example of smart reform policy is also dead-on, but perhaps he should also point President Obama to David Cameron’s October speech as an example of smart, strategic leadership.

Decoupling Taxes on Capital

Monday, November 15th, 2010
Scott Thomasson



Scott Thomasson is the economic and domestic policy director for the Progressive Policy Institute. Follow @st_ppi

by Scott Thomasson

The president will meet with leaders from both parties on Thursday to discuss Congress’s unfinished business for the lame-duck session, and the only thing that is clear going into that meeting is that item number one on the agenda (for right or wrong) will be the Bush tax cuts.  Speculation is running high this week that the White House is considering a compromise approach that would extend all of the Bush tax cuts temporarily, most likely for two years.  This comes in place of the previous round of speculation that the president’s strategy was focused on “decoupling” the tax breaks, meaning he would push for Congress to vote separately to permanently extend lower tax rates for all households making less than $250,000 per year, while allowing another vote on a temporary extension of the cuts for the two percent of taxpayers earning more than that.

As both sides prepare to dig in their heels for the coming tax fight, the possibility of policy alternatives has given way to a pure tug-of-war exercise, in which compromise is limited to questions of how long to extend the cuts or whether to draw the line at $1 million rather than $250,000.  The rare occurrence of a fresh approach is too quickly ignored, such as Senator Mark Warner’s op-ed last week calling for the high-income tax cuts to be redirected as targeted tax incentives for business to boost investment and jobs.

Warner’s proposal would likely be a far more effective way to put lost tax revenues into the most productive hands for lifting our economy, but it’s probably not on the table.

Both parties appear hell-bent on confining this battle to the provisions of the original Bush tax cuts, with the winner to be determined by which provisions do or do not get extended.  It’s an unfortunate corner we have painted ourselves into, but there are still important policy issues within this narrow debate that deserve greater attention and vigilance.

In a new memo released today, PPI Senior Fellow Michael Mandel acknowledges that the current tax debate has totally missed the most important big-picture questions about the need to modernize our outdated tax code for what he calls the “supply-chain world” of the 21st-century global economy.  However, Mandel points out specific elements of the Bush tax cuts that could actually help move us closer to the type of tax code we need for today’s economy: namely, the lower rates on dividend income and capital gains rates.

Mandel explains that keeping rates low on income from capital is critical for encouraging investment in critical innovative industries over the long-term, and that raising these rates right now would be a particularly bad idea, because our economy is still languishing in what he calls a “business investment drought.”  Compared to the data on consumer demand, government spending, and even the collapse in housing, Mandel concludes that the real hole in the economy is nonresidential investment, which has plummeted even more sharply than housing.  So while the tax debate has so far focused on the economic impact marginal tax rates would have on consumer spending, Mandel makes the case that we should be looking at the impact that upcoming tax votes will have on investment:

It doesn’t make sense to raise the tax rate on corporate dividends and capital gains in the middle of a U.S. investment drought. That’s true, whether you believe in Keynesian economics, supply-side economics or anything in between.

Taxing capital at too high a rate impairs the environment for innovation, especially in this world of permeable borders and mobile money. In particular, raising the tax rates on dividends is likely to hurt innovative industries such as telecommunications and pharmaceuticals, which tend to pay out dividends at a higher level than other industries.

I have raised similar issues about this potential problem of dividend rates before (mainly here, but also here), but Mandel’s analysis of investment brings the question into much sharper relief.  Unfortunately, the positions of the White House and Congress have been much less clear in this issue.   This year’s tax debate has been an exercise in gamesmanship more than a battle of ideas, so both the president and Democratic leaders have remained a little ambiguous about their proposals for these rates, largely because they don’t fit well with the line-drawing fight over whether the wealthiest Americans should have any of their tax cuts extended.

President Obama has said he supports keeping rates on dividends capped at 20 percent, in line with what the rate will be for capital gains income (both are currently taxed at 15 percent, but the dividend rate is scheduled to more than double in 2011 to 39 percent for taxpayers receiving the bulk of these payments).  Secretary Geithner has said the same.  Both men stopped short of saying outright that the 20 percent rate would apply to all taxpayers, even those making above $250,000, even though the president’s budget for 2011 spells it out explicitly.  The 20 percent rate has also been endorsed by Senate Finance Committee Chairman Max Baucus, who called it “good policy” to keep the rates in line with capital gains rates:

Changing dividends to 20 percent as opposed to ordinary income rates and keeping it the same as capital gains, I think, is good policy. I’m going for policy. Twenty percent on dividends and capital gains is the right policy.

Senator Baucus and President Obama both deserve enormous credit for “decoupling” good policy from the political gamesmanship over the Bush tax cuts, and Baucus should continue to advocate for the lower dividend rate to be included in whatever compromise proposals get thrown around in the coming days and weeks.  As Mandel writes in today’s memo, “the best we can hope for may be small steps in the right direction” from this Congress toward a smarter tax code that encourages sustainable growth and innovation.  Hopefully Obama and Baucus can avoid taking a step backward on this one.

White House National Economic Council to Join PPI at Infrastructure Forum

Tuesday, September 28th, 2010
Steven Chlapecka



Steven K. Chlapecka is the director of public affairs for the Progressive Policy Institute.

by Steven Chlapecka

NEWS RELEASE
FOR IMMEDIATE RELEASE
September 28, 2010

PRESS CONTACT:
Steven Chlapecka—schlapecka@ppionline.org, T: 202.525.3931

Deputy Director Jason Furman Joins Roundtable Discussion on Jobs, Innovation and Competitiveness

WASHINGTON, D.C. – Jason Furman, deputy director of the White House National Economic Council, will join the Progressive Policy Institute (PPI) for a roundtable discussion at the Washington Hilton at 9 a.m. on Friday, Oct. 1 as part of the 2nd Annual North American Strategic Infrastructure Forum. The discussion will focus on jobs, innovation and retooling the American economy for growth and global competition.

The roundtable will feature panelists New York Times Columnist Tom Friedman, LIUNA General President Terence M. O’Sullivan and BrightSource Energy CEO John Woolard. It will be moderated by Wall Street Journal Economics Editor David Wessel.

“Furman’s participation underlines the forum as the premier showcase of strategic infrastructure investments needed to speed economic recovery and raise America’s game in global competition,” said Will Marshall, president of PPI. “We hope to challenge the nation’s political leaders to embrace a bolder strategy for retooling the American economy through crucial infrastructure projects like high-speed rail, clean cars and next-generation nuclear energy.”

Throughout the three-day conference, the Progressive Policy Institute and CG/LA Infrastructure will bring together leading thinkers from the public and private sectors in order to move North America’s most important projects forward, creating as many as six million new direct jobs.

Other featured speakers include: U.S. Senator Mark Warner, (D-Va.); U.S. Representative Rosa DeLauro, (D-Conn.); Leo Hindery Jr., Managing Partner, InterMedia Partners VII; Joe Boardman, President and CEO, Amtrak; U.S. Representative Dan Lipinski, (D-Ill.); Mark Reagan, Chairman, Global Construction Practice, Marsh Inc.; Chris Bertram, Assistant Secretary for Budget and Programs and Chief Financial Officer, Department of Transportation; Ev Ehrlich, President, ESC Company; and more.

WHERE: Washington HiltonColumbia Hall 5 & 7, 1919 Connecticut Ave. NW, Washington, DC

WHEN: 9 – 10:30 a.m., Friday, Oct. 1

Download the entire day’s schedule.

MEDIA COVERAGE: The event is open to the press.  Media wishing to attend should contact Steven Chlapecka at 202.525.3931 or schlapecka@ppionline.org.

To RSVP for this event, click here.

# # #

2nd Annual North America Strategic Infrastructure Leadership Forum

Monday, September 27th, 2010
Lee Drutman



Lee Drutman is a senior fellow and the managing editor for the Progressive Policy Institute.

by Lee Drutman

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September 29, 2010 / 9:00 – 10:30 am

Panel: Keeping America on Track: The Future of High-Speed Rail

Jefferson West Room, Washington Hilton

Introductory remarks by U.S. Representative Marcy Kaptur (D-OH)

Moderator:

  • Michael Riley, Managing Editor, Bloomberg Government

Panelists

  • Pierce Homer, Transportation Director, Moffatt & Nichol
  • Ken Orski, Editor and Publisher, Innovation Newsbriefs
  • Mark Reutter, Fellow, Progressive Policy Institute
  • Petra Todorovich, Director, America 2050

To register for “Keeping America on Track: The Future of High-Speed Rail”, click here.

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September 30, 2010 / 9:45 – 10:00 a.m.

Keynote Speech: Competitiveness Through Innovation

IBR East Room, Washington Hilton

Introduction by Will Marshall, President, Progressive Policy Institute

Featured speaker

  • Senator Mark Warner (D-Va.)



October 1, 2010 / 8:45 – 9:00 a.m.

Keynote Speech: Rebuilding America: Can Our Political System Deliver?

Columbia Hall 5 & 7, Washington Hilton

Featured speaker

  • Norman Anderson, CEO, CG/LA Infrastructure
  • Will Marshall, President, Progressive Policy Institute

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October 1, 2010 / 9:00 – 10:30 a.m.

Panel: Retooling the American Economy for Jobs, Innovation, and Competitiveness

Columbia Hall 5 & 7, Washington Hilton

Moderator:

  • David Wessel, Economics Editor, Wall Street Journal

Panelists

  • Tom Friedman, New York Times Columnist, Pulitzer-Prize Winning Author
  • Jason Furman, Deputy Director, National Economic Council, White House
  • Roderick Bennett, Advisor to the General President of the Laborers’ International Union of North America
  • John Woolard, CEO, Brightsource Energy

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October 1, 2010 / 10:45 a.m. – 12:15 p.m.

Panel: Financing Future Growth: How Do We Pay For New Projects?

Columbia Hall 5 & 7, Washington Hilton

Moderator:

  • Will Marshall, President, Progressive Policy Institute

Panelists

  • U.S. Representative Rosa L. DeLauro (D-CT), Sponsor of National Infrastructure Development Bank Act of 2009 (H.R. 2521)
  • Chris Bertram, Assistant Secretary for Budget and Programs and C.F.O., U.S. Department of Transportation
  • Leo Hindery, Jr., Investor, Managing Partner of InterMedia Partners VII; former President and CEO of AT&T Broadband; former President, Tele-Communications, Inc. (TCI)
  • Ev Ehrlich, Economist, President of ESC Company; former Under Secretary of Commerce for Economic Affairs

To register for the North America Strategic Infrastructure Leadership Forum, click here.

Will GOP Block Wall Street Fix?

Tuesday, April 20th, 2010
Will Marshall



Will Marshall is the president of the Progressive Policy Institute.

by Will Marshall

As the Senate turns to financial reform this week, the big question is whether any Republicans will join in, or whether the party will stick to its new political doctrine of Maximum Feasible Obstruction.

This doctrine is predicated on the idea that Barack Obama, elected with nearly 53 percent of the vote, is a dangerous radical bent on extinguishing American liberties and importing Euro-style social democracy. It’s an idea so crazy on its face that many progressives are convinced that racism must lurk behind it.

Maybe, but some conservatives also convinced themselves that Bill Clinton maintained a secret airport in Arkansas to import narcotics from Central America. The right’s feral attacks on Clinton led a sympathetic Toni Morrison to dub him in a figurative sense “America’s first black president.”

Whether or not race is a factor, Republicans have evidently calculated that there is no political cost in withholding cooperation from Obama, at least on domestic issues. That may have been true of health care, which lost public support as the debate wore on. But fixing Wall Street is another matter.

The Pew Center for Research reported yesterday that Americans overwhelmingly favor (by 61-31) reform of financial rules, even as they evince growing skepticism of government activism. It’s pretty clear the public takes a “never again” stance toward bailing out Wall Street bankers, speculators and bonus babies.

That’s why Mitch McConnell, the GOP Senate leader, latched onto the theme that the bill crafted by Sen. Chris Dodd (D-CT) would actually make future bailouts more likely. President Obama blasted that “cynical and deceptive assertion” over the weekend, and McConnell yesterday seemed to back down.

Still, Democrats need Republican votes to bring a bill to the floor. The Washington Post reports this morning that Democrats are targeting Sens. Olympia Snowe and Susan Collins of Maine and Bob Corker of Tennessee. Bucking his party’s sullenly oppositionist temper, Corker has worked constructively with Sen. Mark Warner (D-VA) to offer sensible improvements to the Dodd bill.

That bill is snagged on GOP opposition to a new regulatory body, to be independent but lodged in the Federal Reserve, that would protect consumers of credit cards, mortgages and other loans from deceptive or predatory practices. Dodd has signaled a willingness to compromise on another controversial provision, an industry-financed $50 billion fund to liquidate bankrupt firms. And the New York Times reports today financial sector lobbyists have lavished contributions on members of the Agriculture Committee, which is grappling with a key provision to regulate derivatives.

During the health care debate, Republicans did not appear to be moved by the plight of Americans with no medical insurance. But financial reform involves something Republicans traditionally care deeply about – money. Where are the sobersided conservatives of yesteryear, who understood that the safety and soundness of our financial system is fundamental to America’s economic health? Striking the right balance between regulation and innovation, security and risk, is an urgent national priority that ought to engage responsible leaders in both parties.

If Republicans aren’t willing to set aside reflexive partisanship long enough to stand up for American capitalism, we really are in a world of political hurt.

Photo credit: http://www.flickr.com/photos/epicharmus/ / CC BY 2.0

Partisanship Uncorked

Thursday, April 1st, 2010
Mike Derham



Mike Derham is chair of PPI's Innovative Economy Project.

by Mike Derham

A little over a week ago, I praised Sen. Bob Corker (R-TN) for working with Sen. Mark Warner (D-VA) to come up with some bipartisan improvements to the financial regulatory reform package that Senate Banking Committee Chair Chris Dodd (D-CT) is looking to get through the Senate in time for Memorial Day. I may have spoken too soon. Corker said yesterday:

“I couldn’t support the bill in its current form,” Mr. Corker said in an interview with The Wall Street Journal. “I am absolutely not throwing in the towel. I have no plans to support the current legislation. I hope we’ll get back to the negotiating table.”

This is, of course, a familiar tactic. After a year of being actively courted by the administration and Democrats, congressional Republicans claimed they couldn’t support health care reform, but were willing to stall further by espousing an interest in negotiating. But despite Corker’s backing away from a bill that as recently a last week he said he thought was going to pass, it’s worth sticking to the principle of a bill with bipartisan ideas.

The big idea that Warner and Corker worked on was including an autonomous Consumer Financial Protection Agency (CFPA) as part of the Federal Reserve System. While sticking the CFPA in the Fed is an ungainly solution, it does have the benefit of giving the CFPA start-up funding through the Fed’s balance sheet. Additionally, creating a brand-new agency out of the parts of others does have the chance of echoing the struggles the Department of Homeland Security had getting off the ground, a fate a Fed-housed CFPA can avoid.

Senate Democrats shouldn’t bend over backwards and try to pass a flawed bill in the hopes of convincing Republicans to get on board. But neither should they give up on looking for broad-based support for meaningful reform.

The Dodd Plan Is Good — But It Can Be Made Better

Thursday, March 18th, 2010
Mike Derham



Mike Derham is chair of PPI's Innovative Economy Project.

by Mike Derham

Sen. Chris Dodd (D-CT), looking for a capstone to his 30-year career in the Senate, unveiled his vision for financial regulatory reform this week. The chairman of the Senate Banking Committee has long been dogged by claims that he’s in the pocket of the financial industry and hedge funds, but his plan is a robust effort to address the systemic issues that led to the 2008 financial crisis. While it’s far from perfect, the Dodd proposal is a good one that could be made even better with a few tweaks.

A robust Consumer Financial Protection Agency (CFPA) is vital. Concerns over creating a whole new bureaucracy have to be balanced against developing a consumer watchdog agency that has teeth to rein in subprime mortgages, hidden banking fees and the like. I got to hear Sen. Mark Warner (D-VA) talk about this with Sen. Bob Corker (R-TN) at a panel sponsored by the National Journal, where they described striking that balance by housing the CFPA in the Fed. The new autonomous agency would get Fed funding for its activities but would not fall under its oversight. That responsibility would fall on a CFPA director appointed by the president and confirmed by the Senate. This should give it enough independence from the financial institutions that fund the Fed to make the agency a real force for protecting consumers.

However, as described in the bill, the CFPA would exempt some lenders from oversight. An improvement would be to follow President Obama’s lead and create a CFPA that covers retail activities from all financial entities, including small banks, auto loan and mortgage originators (like Countrywide or GMAC), and payday lenders. The Department of Defense got military personnel protected from such lenders four years ago, finding that such loans “undermine military readiness, harm the morale of troops and their families, and add to the cost of fielding an all-volunteer fighting force.”

The Dodd bill includes the so-called Volcker rule, limiting the scope of bank activity, which I’ve argued before won’t make a real difference in prop trading, as banks can mask it behind market-making and client trading. However, the excess leverage tax in the Volcker rule — if properly beefed up — will discourage firms from becoming Too Big Too Fail (TBTF). And where the bill as envisioned doesn’t seem to rein in behemoths like Citi or Bank of America, increasing the capital requirements on overly large firms is a relatively easy fix, if the political pressure from bank lobbyists can be overcome.

The bill looks to wind down TBTF through a special financial panel of bankruptcy court, which would allow systemic risk overseers — envisioned in the bill as comprised of representatives from Treasury, the Fed and the CFPA — to take vulnerable firms into receivership and liquidation in times of crisis. The FDIC would manage a $50 billion fund that banks would pay into to provide liquidity in these situations. As envisioned, the treasury secretary petitions the court, the financial firm in question responds, and the court has 24 hours to decide. But a decision can be appealed to a Court of Appeal and then the Supreme Court, a process that could take up to 30 days. In a financial era in which multibillion dollar institutions like Merrill Lynch and Lehman Brothers can evaporate over the course of a weekend, giving management 30 days in which to stonewall means that an orderly wind-down as the new rule envisions is unlikely.

We’re waiting to see what will come from Sens. Jack Reed (D-RI) and Judd Gregg (R-NH) on derivatives, but the existing language encourages increased transparency and centralized clearing for standardized derivatives (the maligned CDS’s and the like) and increases margin requirements for non-standard derivatives. All trades being reported will help regulators understand the evolution of the financial system better.

The inclusion of a non-binding shareholder vote on executive pay will give shareholders a greater role in compensation. While it won’t solve the “heads I win, tails you lose” problem of Wall Street’s bonus structure, it will give outsiders more say on pay and hopefully check the worst excesses.

Like the CFPA and the chairman of the Fed, the proposed legislation would also make the New York Fed presidency a White House appointment. That role, which was vital at the height of the 2008 crisis when now-Treasury Secretary Tim Geithner held it, and was central in previous crises, like the LTCM meltdown of 1998, has long been seen as beholden to Wall Street. A presidential appointment would increase its independence form investment banks.

As presented, the Dodd bill has its flaws — in addition to the ones mentioned above, others have argued that political realities have compromised the force of the bill, and because it hasn’t addressed leverage, the seeds of an asset-bubble-driven crisis like the most recent one are still there. It’s true, as Sen. Dodd said when he announced the bill: “This legislation will not stop the next crisis from coming. No legislation can…” But this bill — with improvements — can give regulators the tools they need to address future crises in a more proactive manner.