Topic: Government and Politics

Bulgaria: Liquidate KTB, Now

The long-awaited audit of the Corporate Commercial Bank’s (KTB’s) assets has been released by the Bulgarian National Bank (BNB). In its wake, a debate has arisen about the future of the KTB: Should it be recapitalized? And if KTB is recapitalized, should the Bulgarian or the European authorities be responsible? However, it is clear from the results of the audit that, once the obscurity of the technocratic arguments is stripped away, there can be no debate. KTB should be liquidated as soon as possible, and whatever proceeds can be obtained in liquidation should be used to reimburse guarantees to depositors paid from the Bulgarian Deposit Insurance Fund (BDIF).

KTB should be liquidated because it is not, and apparently never has been, a commercial bank. Had KTB been operated according to commercial banking principles, it would be virtually impossible for KTB to destroy value on the scale witnessed by the independent auditors. As of September 30, 2014, the auditors estimate that 76% of the asset value in KTB’s non-financial loan portfolio, which accounts for 80% of KTB’s assets, has been lost.

Losing 76% on a commercial loan portfolio must be put into perspective. In making loans, commercial banks generally require a senior secured position. This means that in the event of default, the bank may take collateral from the borrower and use the proceeds from selling the collateral to recover the bank’s principal, prior to any other creditor. From 2003 to 2012, Standard and Poor’s found that European lenders recovered 78% of their principal, on average, from defaulted loans with these characteristics. Even where defaulted loans were not secured by collateral, European lenders averaged a 48% recovery rate. Compare these recovery rates to KTB’s pathetic implied recovery rate of 24%, and it becomes clear that KTB was not operating as a real bank.

The KTB audit report tells a story in which KTB blatantly ignored the basic pillars of commercial lending. According to the report, there is little evidence that initial loan underwriting and subsequent credit monitoring ever took place at KTB.

If KTB’s management were just grossly incompetent, it would be bad enough. But it appears they were also criminals. The BNB is forwarding the audit results to the Sofia City Prosecutor’s Office. The auditors state that KTB lied to and misled BNB banking supervisors, and engaged in transactions with no evident commercial purpose. The suspicion of criminal activity is just another reason why KTB should be liquidated, now.

Americans Don’t Know How Good They Have It

CAIRO—“I could be arrested when I leave here,” said a journalist who I met at the tiny Marriott near Cairo’s Tahir Square.  A student activist observed that he could be detained at any time. 

A veteran human rights activist calmly stated:  “Some of our groups will be closed.  Some of us will be imprisoned.  It is inevitable.”

Most foreigners travel to Egypt to play tourist.  I visited with a human rights delegation, reminding me yet again about how lucky Americans—and, indeed, most Westerners—are.

Most important are the basic characteristics of a free society.  The rule of law.  Civil liberties.  Criminal procedures.  Legal safeguards.  Democratic processes. 

Obviously, even nations which purport to have all of these often fall short.  However, few Americans or Europeans, or citizens of democratic Asian nations live in constant fear of arrest, imprisonment, and torture. 

In Egypt the uncertainty began when arriving.  On both of my trips the government knew our delegation was coming.  Both times I was pulled aside. 

On the first trip an entry guard took my passport and I waited for an hour before officials returned it and waved me on.  The second time after far shorter delay security officials formally welcomed me—after asking for my phone number and hotel destination. 

Of course, the U.S. occasionally stops people from entering, but not typically because they want to assess America’s human rights record.  Even after leaving the arrivals area on my first trip I had to wait again while the videographer joining us unsuccessfully attempted to persuade officials to let him bring in his camera. 

Both visits were filled with interviews—relating all sorts of harrowing stories.  Most every society has injustice and errors are sadly common in U.S. jurisprudence.  However, most Americans don’t expect a visit to a friend to turn into a stint in prison.

In Egypt for reasons of political repression and personal revenge people face arbitrary arrest, perpetual detention, fraudulent trials, and horrific imprisonment.  Some of the accounts we heard could be exaggerated or even false, but reports from people in many walks of life and across the political spectrum suggested that the slightest resistance to state authority risks freedom and even life.

Ebola Travel Restrictions – Marginal Measures

The recent story of a Liberian man in Dallas who had Ebola sparked a political conflagration around travel restrictions for countries where there are Ebola cases. The virus does not appear to have spread from him to anyone that did not come into direct contact with him in the Dallas hospital.

Many are arguing that his arrival in the United States means that all travel from the affected West African countries should be shut immediately. Others are arguing that travel should remain as open as it currently is – which is still heavily restricted. 

What happened to policy responses on the margin

Fortunately, the federal government took a marginal action yesterday. Fliers from Guinea, Liberia, and Sierra Leone will have to enter through one of five ports of entry and undergo an interview as well as a temperature check once they arrive in the United States. These restrictions are far less than the total ban sought by some folks and still more restricted than the current system  These checks do not interrupt the flow of aid to these West African countries either and will affect roughly 150 travelers per day.

Immigration or movement restrictions for legitimate health concerns are proper and already written into law. Travel restrictions to contain viruses different than Ebola have not been successful in the past. Ebola is far less communicable than the flu so the comparison to previous travel bans might not be appropriate.  

Americans have a very low chance of contracting Ebola while in the United States, let alone dying from it. The only person to die from Ebola in the United States contracted it in Liberia. I took a bigger risk of dying from a traffic accident this morning commuting to the office than I will ever face from Ebola.

More Americans are killed every year from their furniture than all Americans who have died from that dreaded hemorrhagic fever.

Those Americans who worry about Ebola focus on the freakishly high death rates for those who contract the virus – 50 percent for most strains of the virus (only 20 percent of Americans who have contracted Ebola have died.) But the death rate is not the most important figure; the chance of contracting the virus in the first place is the most important factor. 

So far, two American nurses who treated the Liberian man contracted Ebola from him. Both nurses are recovering. For the rest of us, that means the chances of contracting Ebola is about zero. No matter the death rate, a zero chance of contracting the disease means we will not die from it.     

Still, a few marginal precautions, like those put in place by the federal government, will impose a very small temporary cost and likely stop any future Ebola patients from coming to the United States on a commercial flight.    

Stop Squandering “Defense” Dollars on Rich Allies and Failed States

America accounts for nearly 40 percent of globe’s military outlays, but Washington hawks believe that the federal government never spends enough on the Pentagon.  The United States should scale back its international responsibilities and cut Pentagon outlays accordingly.

Military expenditures are the price of Washington’s foreign policy.  And the cost is high—about $627 billion budgeted this year, before counting extra expenditures for the latest Mideast war. 

The war lobby minimizes the magnitude of America’s military spending through statistical legerdemain:  real outlays have been falling and account for a lower percentage of GDP.

But the United States leads the world in military spending and is allied with every major industrialized state save China and Russia.  America and its allies collectively account for two-thirds of the globe’s military expenditures.

While Washington’s inflation-adjusted outlays have recently dropped, they previously rose significantly—almost 165 percent between 1998 and 2011.  It is only natural for expenditures to fall as Washington wound down two wars. 

Moreover, the percentage of GDP is irrelevant.  America’s GDP this year is almost seven times that in 1952, at the height of the Korean War.  Today’s GDP is roughly 3.5 times that in 1968, at the height of the Vietnam War and almost twice that in 1989, the peak of Ronald Reagan’s Cold War military build-up.  Washington today spends more in real resources on the military than in any of those years.

Immigrants Don’t Grow Government

Many critics of immigration claim that immigrants will grow the size of government.  As their argument goes, allowing for more lawful immigration to the United States will produce a larger government through immigrant voting behavior or their children’s voting behavior.  However, if another factor like institutional changes can explain the growth of government, we would expect government to grow independently of the size of the immigrant stock.

There are many measures of the size of government, many of which are included in the Economic Freedom of the World: 2014 Annual Report.  As excellent as that report is, the data does not go back far enough to show whether government growth a century ago tracks well with growth in the immigrant population.  Older data is essential because there have been radical changes in immigration policy over the last century and larger changes in the growth of government.  By looking at the more distant past, a clearer picture can be formed over how immigration has impacted growth in government – if at all. My charts below focus on the federal government only.

Below I use two measures of the growth of the federal government from 1901-2010:  Real outlays (2010 dollars) per capita and government outlays as a percent of GDP.  I use figures for every decade as yearly data is more difficult to attain. 

 imm and outlays per capita

 

Source: Table 1.1, http://www.whitehouse.gov/omb/budget/historicals & U.S. Census

Real government outlays per capita go up no matter what happens to the stock of immigrants.  Two forty-year periods had very different immigration policies: 1930 to 1970 and 1970 to 2010.

Accuracy of Macroeconomic Forecasts

One of my first professional jobs 25 years ago was with the economic forecasting firm DRI/McGraw-Hill. It was fun work, but I noticed that the firm’s gross domestic product forecasts with models hundreds of equations long were no better than simple forecasts based on the interest rate yield curve.

I’m sure that macroeconomic models have grown more sophisticated today, but they still can’t predict very well. Former chair of the Council of Economic Advisers, Edward Lazear, has a terrific piece today describing the inaccuracy of government forecasting models:

My analysis of 1999–2013 reveals that the [Congressional Budget Office]’s real GDP growth forecasts for the next year were off, on average, by 1.7 percentage points, either too high or low. Administration forecasts were similarly off by a slightly larger 1.8 percentage points on average, also too high or too low. Given that the average growth rate during this period was only 2.1%, errors of this magnitude are substantial.

Perhaps most damning: History is a better predictor of annual growth than government forecasts. Simply assuming that GDP growth will be 3.1% in each year—the average annual rate for the 30 years that precede the study period—results in an average forecast error of 1.5 percentage points.

Lazear’s article should be posted above the desk of every reporter and pundit writing about the macroeconomy. And it should be kept in mind by politicians, who often claim that such-and-such policy will create such-and-such number of jobs based on such models.

The lesson for federal budget policy should be one of prudence. We don’t know where the economy is headed, so policymakers should cut spending, zero out deficits, and start paying down debt now while we’re enjoying a run of sustained growth.

Now More Than Ever, Courts Should Police Administrative Agencies

Under the Bush administration, the Labor Department interpreted a piece of the Fair Labor Standards Act as exempting mortgage-loan officers from eligibility for overtime pay. The Obama Labor Department didn’t see the law the same way, however, and issued a re-interpretation.

This was a worrying development for the Mortgage Bankers Association, which represents banks that relied on the original interpretation and whose interests were greatly affected by the re-interpretation, but were given neither notice nor the chance to comment on the change. The MBA thus sued the Labor Department, arguing that the re-interpretation violated the Administrative Procedure Act, the 1946 law that determined (among other things) the processes that agencies must go through when exercising their “interpretive” and “legislative” powers—that is, when they interpret laws and when they make their own regulations.

Under the APA, agencies have to give affected parties notice and the opportunity for comment when making legislative rules, but do not have to do so when they merely make interpretive rules. The MBA argued that the APA requires an agency to go through the notice-and-comment process when it changes its interpretation of a law or regulation to such a degree that it is effectively making a legislative rule.

The U.S. Court of Appeals for the D.C. Circuit agreed with the MBA, and now the Supreme Court has decided to review the case. The government argues that agencies are due deference when they change the application of a law through interpretive rules—so long as they come in the form of an interpretation—and that the courts don’t get a say regarding when this action becomes a legislative rulemaking.

Cato disagrees with the government’s position—if there’s anything our country needs, it’s not fewer checks on the administrative state—and has filed a brief supporting the MBA, joined by the Competitive Enterprise Institute and the Judicial Education Network, and with former White House Counsel Boyden Gray as co-counsel. In our brief, we examine the APA’s framers’ goal of rebutting the government’s assertion of administrative power. We argue that the boundary between “interpretive” and “legislative” rules is a blurry one that should be policed by the courts. The APA’s architects assumed that the courts would play such a role; they wouldn’t have made interpretive rulemaking so procedurally easy otherwise. Scholarly sources and legislative history agree that judicial review is necessary—for example, determining when “interpretive” flip-flopping necessitates greater due-process protection—to protect those whose livelihood depends on relying on and complying with agency interpretations.

In sum, our brief looks to history to make clear a few important points that only the government would dispute. In a time when more people’s lives are staked on administrative rulings than ever before, we shouldn’t weaken the APA’s due-process protections. This case boils down to the government’s desire for agencies to more easily exercise power and for the subjects of regulations to have a harder time challenging that awesome authority. We, with the APA’s framers, think it should be the other way around.

The Supreme Court will hear oral argument in Perez v. Mortgage Bankers Association on December 1.

This blogpost was coauthored by Cato legal associate Julio Colomba.